Straight Talk from the Deputy’s Desk: County Not to Enforce ICE Detainer Requests

By Sheriff Office Staff20 Sheriff Pat Garrett

Sheriff Garrett’s Response to Declined Detainer Outcome Report

On March 20, 2017, the Department of Homeland Security released U.S. Immigrations and Customs Enforcement (ICE) Declined Detainer Outcome Report. The press release states; “This report will be issued weekly to highlight jurisdictions that choose not to cooperate with ICE detainers or requests for notification, therefore potentially endangering Americans.” The Declined Detainer Outcome Report does not accurately describe the difficulties or potential legal ramifications associated with honoring ICE detainer requests.

In April of 2014, a judge for the US District Court of Oregon found Clackamas County violated Maria Miranda-Olivares’ constitutional rights (Case No. 3:12-cv- 02317-ST). Clackamas County honored an ICE detainer and held Ms. Miranda- Olivares ultimately costing taxpayers in excess of $100,000. Additionally, any agency that honors an ICE detainer is subject to civil litigation.

The Clackamas County court ruling led Washington County, along with every other county in Oregon, to immediately stop honoring ICE detainer requests. Washington County informed ICE officials that it will honor any warrant or court order to detain a person. Washington County will continue to follow the court’s clear guidance that these detainer requests are unconstitutional.

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