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White House proposed releasing immigrant detainees in sanctuary cities
The White House told U.S. Immigration and Customs Enforcement that the plan was intended to alleviate a shortage of jail space but also served to send a message to Democrats. The attempt at political retribution raised alarm within ICE, with a top official responding that it was rife with budgetary and liability concerns, and noting that “there are PR risks as well.”
After the White House pressed again in February, ICE’s legal department rejected the idea as inappropriate and rebuffed the administration.
A White House official and a spokesman for the DHS sent nearly identical statements to The Post on Thursday, indicating that the proposal is no longer under consideration.
originally posted by: Sookiechacha
a reply to: butcherguy
Apparently it made his own Homeland Security officials go bonkers too. I guess this is one of the reason for the latest purge.
What people need to understand about "Sanctuary Cities" is that the Federal government has every right to operate in them. What they don't have the right to do, and this has been held up in courts, is conscribe local facilities, resources and employees to do the Federal government's job for them.
Here’s how the deportations process usually works....
A city police officer pulls someone over and arrests him or her for something unrelated to citizenship (such as drunken driving or disorderly conduct). Whether or not the city has a sanctuary policy …
... he or she is booked into the local county jail, which is usually run by the county sheriff’s department.
At the jail, his or her fingerprints are taken and sent to the FBI, which sends the inmates’ information to Immigration and Customs Enforcement. U.S. law requires this information sharing between local and federal law enforcement agencies.
If ICE finds that the inmate is undocumented, it submits a detainer request to the county jail. ICE typically asks jails to hold inmates an extra 48 hours after they would otherwise be released so they can get a warrant to begin deportation proceedings.
Under Trump’s new policy, ICE could begin deportation earlier in the process, before criminal proceedings are complete.
The Department of Homeland Security has said that complying with these requests is voluntary because keeping someone in jail without a warrant violates the 4th Amendment. So, what happens next depends on county policy.
If the county typically complies with ICE requests, the inmate would stay in jail while ICE works to obtain an administrative deportation warrant.
If the jail is in a county with a policy of frequently declining these requests, the inmate is released once the criminal case is complete — if the he or she is convicted but doesn’t face additional jail time, if charges are dropped or if bail is met.
A Department of Justice inspector general report found that some jails will only comply with a detainer request when the inmate has prior felony convictions, gang membership or is on a terrorist watch list. Others reject every detainer request.
If ICE obtains the warrant, they could pick up the inmate and transfer him to a federal prison. Or, the inmate could stay in county jail while he or she undergoes deportation proceedings. If so, the jail can request money from the Department of Justice to recoup part of the cost of detainment.
Eventually, the inmate could be deported.