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Criminal Alien of the Week Report 02/20/20 by David Cross

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It has been an interesting last full week in the month of February 2020 when it comes to criminal aliens (illegal aliens) here in the Pacific Northwest states of Oregon, Washington, and Idaho.

This week we take a look at for your radio listeners a possible sign of cooperation or capitulation between U.S. Immigration and Customs Enforcement (ICE), a federal immigration law enforcement agency, and the Washington County Sheriff’s Office in the dealing with information sharing on criminal aliens incarcerated in a county jail in the state of Oregon — a state with a sanctuary statute (ORS 180.805).

On February 18, 2020, U.S. Immigration and Customs Enforcement (ICE) Public Affairs Officer Tanya Roman sent the “Criminal Alien of the Week Report” an ICE news release titled “ICE issues subpoenas to demand criminal alien information refused under Oregon sanctuary policies”:

“ICE issues subpoenas to demand criminal alien information refused under Oregon sanctuary policies

PORTLAND, Ore. — U.S. Immigration and Customs Enforcement (ICE) served two immigration subpoenas today on the Washington County Sheriff’s Office requesting information on two illegal aliens who were criminally arrested in Hillsboro, Oregon. These immigration subpoenas are necessary due to dangerous sanctuary laws that are forcing Oregon counties, to include local law enforcement agencies in these counties, to refuse ICE’s requests for information and cooperation.

Under Oregon’s sanctuary laws, county and law enforcement officials are prohibited from providing ICE with non-public information about criminal aliens necessary for federal law enforcement, including the release dates of those criminal aliens from local jails. In addition, Oregon law enforcement does not honor immigration detainers due to Oregon court rulings.

“Politically motivated sanctuary laws tie the hands of local law enforcement agencies who clearly see that working with ICE is crucial to public safety,” said Bryan Wilcox, Deputy Field Office Director for ICE’s Enforcement and Removal Operations-Seattle. These irresponsible laws and policies not only unnecessarily pit federal and local law enforcement officers against each other, but provide a refuge for criminal aliens who prey on people in their communities. The public needs to know that cooperation between all law enforcement agencies make their communities safer by holding criminals accountable and providing justice and closure for their victims.”

ICE uses statutorily-authorized administrative subpoenas to obtain information as part of investigations regarding potential removable aliens. ICE has not historically needed to use its lawful authority to issue these subpoenas to obtain information from other law enforcement agencies as most law enforcement agencies throughout the country willingly provide ICE with information regarding aliens arrested for crimes in the interest of public safety.

ICE is using every tool available to obtain information regarding the whereabouts and other relevant information regarding removable aliens (both in the custody of local jails and at large) from jurisdictions that are unable to, or chose to not cooperate with ICE. The criminal aliens about whom ICE sought information from Washington County include:

• On June 24, 2014, the Washington County Circuit Court convicted a 39 year old citizen of Mexico for sexual abuse in the first degree and sentenced him to 75 months incarceration in the Oregon Department of Corrections (ODOC). On Jan. 15, 2020, the ODOC transferred custody of the man to the Washington County Jail located in Hillsboro, Oregon. On Jan. 15, 2020 ICE lodged an immigration detainer with the Washington County Jail where he is serving his sentence. In February 2009 the man was also convicted of criminal possession of a forged instrument in the first degree and sentenced to a fine and 18 months’ probation. He is currently facing additional charges for displaying a child in sexual conduct, nine charges of sexual abuse in the first degree and four charges of sodomy in the first degree.

• On Dec. 9, 2019, officers with the Hillsboro Police Department in Oregon, arrested a 44 year old citizen of Mexico and charged him with driving under the influence of intoxicants, reckless driving, two probation violations for driving under the influence of intoxicants, failure to appear in the second degree for driving under the influence of intoxicants and failure to appear in the second degree for reckless driving.  The man also has three previous arrests between 1999-2018 for driving under the influence of intoxicants. On Dec. 30, 2019, the Washington County Circuit Court in Hillsboro, Oregon, dismissed the reckless driving charge but convicted the man of driving under the influence of intoxicants and sentenced him to 268 days jail, $654.00 fine and probation for two years.  On an unknown date between Dec. 12, 2019, and Dec. 17, 2019, the Washington County jail released the man despite an active immigration detainer being in place. The man remains at large.

The immigration subpoenas issued today are the first in Oregon. Since January, ICE has also issued similar immigration subpoenas in California, Denver, Connecticut and New York. Should the law enforcement agencies neglect or refuse to respond to the subpoenas, an immigration officer may coordinate with the U.S. Attorney’s Office for the district in which the subpoena was issued to seek an order from the U.S. District Court requiring production pursuant to INA § 235(d)(4)(B), 8 C.F.R. § 287.4(d).” – ICE Public Affairs.

In response, reaction, or in coordination with the ICE February18, 2020 news release, the Washington County Sheriff’s Office (WCSO) issued a news release titled “ICE Issues Subpoenas in Washington County”:

“ICE Issues Subpoenas in Washington County

Tuesday, February 18, 2020- The Department of Homeland Security issued Washington County Sheriff Pat Garrett two immigration enforcement subpoenas to produce records related to two different individuals in current custody of the Washington County Jail. The subpoenas, at issue, were signed by an authorized U.S. Immigration and Customs Enforcement (ICE) official and were properly served. The subpoenas are specifically authorized by federal law, 8 United States Code section 1225(d) and by the Code of Federal Regulations, 8 CFR 287.4. This administrative subpoena power has existed as part of the federal law for decades, and has been upheld by the US Supreme Court. See US v. Minker, 76 S Ct 281 (1955).

Oregon law prohibits local police from sharing certain information for purpose of enforcement of federal immigration laws, except as provided by state or federal law (see ORS 180.805). The information sought in these subpoenas relates to information that local police are generally prohibited from sharing under Oregon law and failure to comply with these subpoenas may be punished by an order of contempt by a federal judge.

Sheriff Garrett swore an oath to uphold state and federal law. The information commanded by the subpoenas is required by federal law, and may be provided as specifically allowed by ORS 180.805(1); therefore, the requested information will be shared.” – Washington County Sheriff’s Office.

Because neither the U.S. Immigration and Customs Enforcement or the Washington County Sheriff’s Office news releases revealed the names of the two individuals ICE served immigration subpoenas on incarcerated at the Washington County Jail, I contacted via e-mail on February 19, 2020 ICE Public Affairs Officer Roman to find out if one of the individuals in the ICE news release was Mexican national illegal alien Benito Juarez-Hernandez (SID: 17812926; DOB: 03/29/1980), age 39, one of the individuals the ICE Public Affairs Officer gave a statement on for the June 6, 2019 “Criminal Alien of the Week Report”:

Public Affairs Roman on February 19th responded to my request for information on Benito Juarez-Hernandez in this way “I’m unable to speak to the identity of the individuals in the press release which is why they are unnamed.”

Here is the June 3, 2019 ICE statement on Benito Juarez-Hernandez

“Benito Juarez-Hernandez is a Mexican citizen who is illegally present in the United States. On June 25, 2014, Benito Juarez-Hernandez was convicted of Felony Sexual Abuse in the First Degree and sentenced to 75 months in jail. On Oct. 18, 2013, U.S. Immigration & Customs Enforcement (ICE) placed a detainer with the Washington County Jail on Benito Juarez-Hernandez and later with the Oregon State Penitentiary. He was previously encountered by ICE in 2009, while being held at the Washington County Jail. Following that encounter, Benito Juarez-Hernandez voluntarily returned to Mexico. ICE has no immigration record of his return to the U.S.” –Tanya Roman, ICE Public Affairs Officer.

Comparing the February 18, 2020 ICE news release with the June 3, 2019 ICE Public Affairs statement on Benito Juarez-Hernandez reveals clearly he is one of the unnamed individuals in the news release.

An important bit of history on the Washington County Sheriff’s Office lack of cooperation with U.S. Immigration and Customs Enforcement can be found on the ICE national websitefront page by clicking on and opening the section titled Declined Detainers and going to the “Archived Declined Detainers” section of the webpage and clicking on the title “Rest of United States” and scrolling down the page to the Oregon list of declined detainers.

The Oregon section of the webpage reveals the Washington County Sheriff’s Office declined to honor immigration detainers on Mexican national criminal aliens Alejandro Maldonado- Hernandez and Jose Crecencio Fajardo-Alvarado.

It may be to early at this point in time to make a final determination on whether ICE’s use of subpoenas as a legal tool to gain information on criminal aliens incarcerated in the Washington County Jail will continue in a sanctuary state like Oregon.

But the Washington County Sheriff’s Office recognizing ICE’s use of subpoenas as a legal tool to gain information on inmates at the county jail is a clear indicator the sheriff’s office and the immigration enforcement agency have come to some form of agreement on the supremacy of federal law over state law.

 

Office of Public Affairs

FOR IMMEDIATE RELEASE

February 18, 2020

ICE issues subpoenas to demand criminal alien information refused under Oregon sanctuary policies

PORTLAND, Ore. — U.S. Immigration and Customs Enforcement (ICE) served two immigration subpoenas today on the Washington County Sheriff’s Office requesting information on two illegal aliens who were criminally arrested in Hillsboro, Oregon. These immigration subpoenas are necessary due to dangerous sanctuary laws that are forcing Oregon counties, to include local law enforcement agencies in these counties, to refuse ICE’s requests for information and cooperation.

Under Oregon’s sanctuary laws, county and law enforcement officials are prohibited from providing ICE with non-public information about criminal aliens necessary for federal law enforcement, including the release dates of those criminal aliens from local jails. In addition, Oregon law enforcement does not honor immigration detainers due to Oregon court rulings.

“Politically motivated sanctuary laws tie the hands of local law enforcement agencies who clearly see that working with ICE is crucial to public safety,” said Bryan Wilcox, Deputy Field Office Director for ICE’s Enforcement and Removal Operations-Seattle. These irresponsible laws and policies not only unnecessarily pit federal and local law enforcement officers against each other, but provide a refuge for criminal aliens who prey on people in their communities. The public needs to know that cooperation between all law enforcement agencies make their communities safer by holding criminals accountable and providing justice and closure for their victims.”

ICE uses statutorily-authorized administrative subpoenas to obtain information as part of investigations regarding potential removable aliens. ICE has not historically needed to use its lawful authority to issue these subpoenas to obtain information from other law enforcement agencies as most law enforcement agencies throughout the country willingly provide ICE with information regarding aliens arrested for crimes in the interest of public safety.

ICE is using every tool available to obtain information regarding the whereabouts and other relevant information regarding removable aliens (both in the custody of local jails and at large) from jurisdictions that are unable to, or chose to not cooperate with ICE. The criminal aliens about whom ICE sought information from Washington County include:

• On June 24, 2014, the Washington County Circuit Court convicted a 39 year old citizen of Mexico for sexual abuse in the first degree and sentenced him to 75 months incarceration in the Oregon Department of Corrections (ODOC). On Jan. 15, 2020, the ODOC transferred custody of the man to the Washington County Jail located in Hillsboro, Oregon. On Jan. 15, 2020 ICE lodged an immigration detainer with the Washington County Jail where he is serving his sentence. In February 2009 the man was also convicted of criminal possession of a forged instrument in the first degree and sentenced to a fine and 18 months’ probation. He is currently facing additional charges for displaying a child in sexual conduct, nine charges of sexual abuse in the first degree and four charges of sodomy in the first degree.

• On Dec. 9, 2019, officers with the Hillsboro Police Department in Oregon, arrested a 44 year old citizen of Mexico and charged him with driving under the influence of intoxicants, reckless driving, two probation violations for driving under the influence of intoxicants, failure to appear in the second degree for driving under the influence of intoxicants and failure to appear in the second degree for reckless driving.  The man also has three previous arrests between 1999-2018 for driving under the influence of intoxicants. On Dec. 30, 2019, the Washington County Circuit Court in Hillsboro, Oregon, dismissed the reckless driving charge but convicted the man of driving under the influence of intoxicants and sentenced him to 268 days jail, $654.00 fine and probation for two years.  On an unknown date between Dec. 12, 2019, and Dec. 17, 2019, the Washington County jail released the man despite an active immigration detainer being in place. The man remains at large.

The immigration subpoenas issued today are the first in Oregon. Since January, ICE has also issued similar immigration subpoenas in California, Denver, Connecticut and New York. Should the law enforcement agencies neglect or refuse to respond to the subpoenas, an immigration officer may coordinate with the U.S. Attorney’s Office for the district in which the subpoena was issued to seek an order from the U.S. District Court requiring production pursuant to INA § 235(d)(4)(B), 8 C.F.R. § 287.4(d).

https://www.ice.gov/contact/media-inquiries

ICE Issues Subpoenas in Washington County

Tuesday, February 18, 2020- The Department of Homeland Security issued Washington County Sheriff Pat Garrett two immigration enforcement subpoenas to produce records related to two different individuals in current custody of the Washington County Jail. The subpoenas, at issue, were signed by an authorized U.S. Immigration and Customs Enforcement (ICE) official and were properly served. The subpoenas are specifically authorized by federal law, 8 United States Code section 1225(d) and by the Code of Federal Regulations, 8 CFR 287.4. This administrative subpoena power has existed as part of the federal law for decades, and has been upheld by the US Supreme Court. See US v. Minker, 76 S Ct 281 (1955).

Oregon law prohibits local police from sharing certain information for purpose of enforcement of federal immigration laws, except as provided by state or federal law (see ORS 180.805). The information sought in these subpoenas relates to information that local police are generally prohibited from sharing under Oregon law and failure to comply with these subpoenas may be punished by an order of contempt by a federal judge.

Sheriff Garrett swore an oath to uphold state and federal law. The information commanded by the subpoenas is required by federal law, and may be provided as specifically allowed by ORS 180.805(1); therefore, the requested information will be shared.

Office of Public Affairs

06/03/2019

ICE Statement: Benito Juarez-Hernandez

“Benito Juarez-Hernandez is a Mexican citizen who is illegally present in the United States. On June 25, 2014, Benito Juarez-Hernandez was convicted of Felony Sexual Abuse in the First Degree and sentenced to 75 months in jail. On Oct. 18, 2013, U.S. Immigration & Customs Enforcement (ICE) placed a detainer with the Washington County Jail on Benito Juarez-Hernandez and later with the Oregon State Penitentiary. He was previously encountered by ICE in 2009, while being held at the Washington County Jail. Following that encounter, Benito Juarez-Hernandez voluntarily returned to Mexico. ICE has no immigration record of his return to the U.S.” –Tanya Roman, ICE Public Affairs Officer.

“ICE places immigration detainers with law enforcement agencies on deportable aliens arrested and detained on criminal charges. By placing the immigration detainer, ICE seeks to take custody of aliens if they are released from local custody for any reason (e.g., post bond, charges dropped or released on their own recognizance).

In most cases, once these aliens that are pending criminal prosecution are transferred to ICE or otherwise enter ICE custody, ICE works with the prosecutor and law enforcement authorities (such as the district attorney’s office and relevant sheriff’s office) to ensure these aliens attend any and all criminal court proceedings. This ICE-DA cooperation involves transferring custody of aliens as necessary via “writs of Habeas Corpus” to further a criminal prosecution.  (Such writs may also be used to ensure that aliens in ICE custody appear in court as witnesses.)

For aliens who are criminally convicted and sentenced, ICE pursues removing these aliens from the United States only after they have completed their imposed prison sentences.  To save future detention time and taxpayer money, while these aliens are serving their prison sentences, ICE routinely pursues the lengthy administrative process of obtaining final orders of removal before a federal immigration judge (or administratively, if their situation does not entitle them to appear before an immigration judge).  Consequently, in many cases, the time these aliens spend in immigration detention after they complete their criminal sentences is minimized; they can then be removed to their countries of origin shortly after they complete their prison sentences. – ICE Public Affairs.


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