A Michigan sheriff caved to pressure from the American Civil Liberties Union (ACLU) and ordered his staff to release criminal aliens who are subjects of an immigration detainer. The sheriff instructed his staff to only hold aliens subject to an order signed by a judge.
Wayne County Sheriff Benny Napoleon issued the order on April 28, instructing jail officials to no long honor immigration detainers from U.S. Immigration and Customs Enforcement, the Associated Press reported on Friday. Wayne County surrounds the city of Detroit, Michigan.
Detroit activist Elena Herrada told reporters the ACLU encouraged the sheriff’s actions. She said other so-called pro-immigrant groups also applied pressure to the local sheriff.
“He was under a lot of pressure from the ACLU and other groups, who met with the sheriff to make that (policy) happen,” Herrada told the Associated Press. “A lot of the (immigrant Wayne County Jail inmates) were picked up on traffic violations.”
Detroit Police Chief James Craig disagreed with the sheriff’s new policy. While he said the sheriff has the right to make his own policies on the matter, he stated, “I don’t agree with violent criminals who are undocumented being released to the community.”
The sheriff’s statement, obtained by the Detroit News, claimed he is taking the action based upon “recent court decisions” about the constitutionality of immigration detainers.
“As such, effective immediately members of the Wayne County Sheriff’s Office shall not honor any IDNAs from (ICE), unless one of the following conditions is met: Written Judicial Determination of Probable Cause … or a warrant from a Judicial Officer,” Sheriff Napoleon wrote in the memo.
“Unless one of the two above conditions are met, the Wayne County Sheriff’s Office will not honor IDNAs, and members shall not extend custody of an individual (inmate) beyond the original booking and detention periods of the original charge and bail.” He stated.
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See related OpsLens content below.
Elected Sheriff In Florida Refuses to Follow Immigration Orders From ICE
“She has already shown she doesn’t care about national security, our safety, or following the laws of this country.”
I read the ICE Report that listed the ‘Sanctuary Cities and Counties’ that do not honor the requests of ICE to hold illegal immigrants. I was shocked (not really) to see my county listed in the top 10 in the nation for failing to comply with those requests!
The Sheriff in my county, Alachua County in North Central Florida, is Sheriff Sadie Darnell, a Democrat. She said in a recent news article on this topic, “We do get a reasonable amount of (federal funds) — a couple of million dollars, I am not going to enforce a civil request, which is what a detainer is.” The Sheriff’s Office is the one law enforcement division in Florida that has a Civil Division and serves people in the county with any civil documents they are “ordered” to by the courts.
The Alachua County Sheriff’s Office does notify ICE when a foreign person is arrested. But the Sheriff’s Office will not hold the person beyond a typical release. Sheriff Darnell said that she requires a judge’s order, or a criminal warrant, before she will hold them. What I think she is missing is that the person detained is NOT A U.S. CITIZEN, and as such, has very limited rights under U.S. law. Immigration proceedings are matters of administrative law, not criminal law. Congress has authority to regulate immigration without interference from the courts. Because immigration is considered a matter of national security, the Supreme Court has long held that immigration law is largely immune from judicial review.
In 1952’s Harisiades v. Shaughnessy judgement, the SCOTUS (Supreme Court of the United States) affirmed the right of Congress to expel non-citizens. “In recognizing this power and this responsibility of Congress, one does not in the remotest degree align oneself with fears unworthy of the American spirit or with hostility to the bracing air of the free spirit,” Justice Felix Frankfurter wrote in his concurrence, “One merely recognizes that the place to resist unwise or cruel legislation touching aliens is the Congress, not this Court.” Illegal Immigrants facing deportation have some rights; one is to have a hearing before an Immigration Judge. The problem is, by not complying with ICE’s request, the Sheriff is denying the immigrant a hearing and process.
The Sheriff does not have the right to ignore civil requests from ICE. Ignoring such requests is like ignoring the civil documents that her own Deputies go out and serve every day. I bet she wouldn’t think that was legal.
It pains me to live in the shadow of such illegal and dangerous behavior. County and local city officials have publicly stated that they stand by her decision to ignore the civil request. With almost $4 million in federal funds coming to the county, if the federal government decides to withhold that funding who will make up the difference? The taxpayers of course.
So I say to all of those like the good Sheriff that thinks it’s OK to ignore some laws and not others – you are a law enforcement officer. You have sworn to uphold the laws of the state you are in, as well as the Constitution of the United States. That includes following the lawful, legal, and quite frankly necessary requests of other law enforcement agencies. I am sure if the Feds told the Sheriff they were not honoring any of her civil requests for assistance or procedures, she might begin to see things differently. Well then again – maybe not. She has already shown she doesn’t care about national security, our safety, or following the laws of this country.
Original article by Senior OpsLens Contributor Chris Wagoner.