Posted by Judicial Watch on October 12, 2017 9:03 pm

OCTOBER 12, 2017

(Washington, DC) – Judicial Watch today released two new productions of documents (45 pages and 680 pages) from the Department of Homeland Security revealing that hundreds of counties across the U.S. denied Immigration and Customs Enforcement’s (ICE) detainer requests for criminal illegal aliens in the first quarter of fiscal year 2017. The retainer requests, containing specific information about scores of criminal charges against released aliens, were not included in the Declined Detainer Outcome Reports (DDOR) the Trump administration suspended in early April after only three weeks of publication.

Judicial Watch forced the release of the Homeland Security documents as a result of a court order in a May 26, 2017, FOIA lawsuit filed after Homeland Security failed to respond to an April 13, 2017 FOIA request (Judicial Watch v. U.S. Department of Homeland Security (No. 1:17-cv-01008)). Judicial Watch seeks:

All complaints received by ICE concerning the [Declined Detainer Outcome Report] All records concerning the suspension of the weekly publication of the [Declined Detainer Outcome Report] All records identifying the reporting methodologies used to create the [Declined Detainer Outcome Report]

Judicial Watch released several spreadsheets compiling statistics on the nature of criminal activities illegal aliens had committed during the first four months of 2017; a nationwide list of jails that failed to cooperate with the ICE detainer program; and the top 50 jurisdictions that failed to cooperative with the ICE detainer program.

Leading the pack of counties denying detainers were Ventura County, CA (188); Miami-Dade, FL (93); Denver, CO (74); Clark, NV (68); and Los Angeles, CA (57).  A total of 284 detainers were declined during the first three months of fiscal year 2017, involving: various forms of assault (16); drug-and-alcohol-related charges (39); weapons charges and crimes against persons and property (18).

The Declined Detainer Outcome Reports highlighted state and local governments that did not comply with ICE’s detainer program (also known as sanctuary cities). According to one new ICE email, the DDOR was meant to easily understood:

So an American citizen sitting at home can open the report, see the total number of detainers issued in a week, detainers issued to jurisdictions that don’t cooperate, the confirmed declined detainer list, and the list of all jurisdictions that don’t honor detainers.  A snapshot, in essence.

In an April 6, 2017, email from Acting Director of Homeland Security, Thomas Homan, to Homeland Security staff in response to complaints about errors in the DDOR from U.S. Senator Chuck Schumer’s (D-NY) office, Homan said:

Certainly but NYC is extremely uncooperative. We will provide the information and work with OPLA and OGC staff to engage. They removed our officers from Rikers Island and will not honor detainers. I met with them personally last year in an effort to gain more cooperation. We will review asap.

In at least one instance, local law enforcement actions went beyond a simple lack of cooperation with ICE to turn over detained illegal aliens to outright obstruction of ICE’s efforts to pick

 

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