Cook County ICE Detainers: 11 Undocumented Inmates Reoffend, Sparking Outrage

Eleven of 346 inmates released from jail under Cook County's policy that ignores federal detention requests have reoffended, renewing concerns over the county's controversial decision to violate Immigration and Customs Enforcement (ICE) mandates.

Eleven undocumented inmates were released from the Cook County Jail -- and not into ICE custody -- only to be arrested again on charges of drunk driving, theft and drug possession, the Chicago Sun-Times reports. Opponents of the policy championed by Board President Toni Preckwinkle are calling for the county to reassess its position and resume detaining "persons of interest" until federal officials can respond.

The same board that approved the noncompliance policy in September held a public hearing on the topic Thursday, where Sheriff Tom Dart testified that some cases warrant compliance with federal detention orders, the Chicago News Cooperative reports. Commissioners Timothy Schneider, Elizabeth Gorman and Gregg Goslin have proposed an amendment that would allow Dart to enforce detainers for offenders accused of certain felonies or on terrorist watch lists.

The county's current policy ignores federal requests to hold suspected undocumented immigrants for an additional 48 hours after they would otherwise be released. Preckwinkle takes issue with the high cost of lengthy incarcerations, and has said that the county will further detain inmates if ICE foots the bill.

In the recent high-profile case of Saul Chavez, a suspected undocumented immigrant believed to have fled the country after posting bond on vehicular homicide and DUI charges, Preckwinkle shifted blame from the county's detainer policy to the bond court system.

Preckwinkle and other county officials have also expressed concern that enforcing ICE detainer requests can violate civil liberties. Cook County Commissioner Jesus "Chuy" Garcia testified at Thursday's hearing that the detainers sometimes wrongfully target U.S. citizens, according to the Sun-Times.

"Information from your office indicates that during the month of December...there were approximately 259 persons in your custody subject to ICE detainers," Garcia said, according to the Sun-Times. "If our information is correct 57 claimed they were U.S. citizens. If the ICE detainers were being honored, it's conceivable that someone who had an ICE detainer request pending...could have been held up to 48 hours against their will."

Dart said there are currently 148 inmates in jail on charges including murder, aggravated battery and sexual assault eligible for release on bail that would be detained if Cook County complied with ICE detainer requests, the Chicago Tribune reports. Dart says the severity of the crimes committed should determine whether or not individuals are surrendered into federal custody.

"Let's make a distinction," Dart said to county commissioners, according to the Tribune. "Clearly, there are some offenses that people agree are of a minor nature, other offenses that are more serious and, those more serious ones, we should deal with them differently."

ICE officials were not present at the hearing, but released a statement expressing their willingness to work with local government to enforce federal immigration and customs laws.

See Toni Preckwinkle explaining the county's position at a recent press conference:

Comments

[jjr526]

08:41 AM on 02/13/2012

And some in the USA wonder why the criminal illegal invaders continue to come. There are minimal penalties if any (like this incident) and the sanctuary cities should be fined by the feds....

[bldr1bob]

06:53 PM on 02/12/2012

"ICE officials were not present at the hearing, but released a statement expressing their willingness to work with local government to enforce federal immigration and customs laws." If ICE is so willing to help local government why aren't they helping Arizona? Maybe they only help blue states.

[smarteeeee]

05:22 PM on 02/12/2012

Counties and States believe they can willfully ignore federal law. Judges believe they can ignore State Constitutions. Presidents and Congress believe they can ignore the US Constitution.

Sad sad days . . .

[FromMarineToCop]

07:57 PM on 02/12/2012

All the while illegal immigrants know they can ignore American laws and keep marching across our borders.

[empiresentry]

10:58 AM on 02/12/2012

Hey, if you get pulled over for DUI, throw your papers out the window.
Pretend you don't speak much English.
Vaguely mention Costa Rica. Go to jail for a few days and Presto Chango, you get back out without a scratch.

If you are an American and are African American, White, Asian or American Indian descent, forget about it.

[moonlightesq]

11:21 AM on 02/12/2012

That seems to be the case now, doesn't it.

[shaftedbytheleft]

10:19 AM on 02/12/2012

SHOOT THEM ALL...

[mikey09]

06:48 PM on 02/11/2012

How do we teach our kids that laws applies to all of us when they see our own government picking and choicing which laws to enforce. We will eventually be a country where laws have no meaning.

[CrestedSparrow]

06:26 PM on 02/11/2012

"Opponents of the policy ... are calling for the county to reassess its position and resume detaining "persons of interest" until federal officials can respond."
__________

Toni, this is a reasonable request. DUIs, child abuse, theft, homicide, weapons, drugs and other felonies should be raised to the level of holding an undocumented person for ICE: public safety first. If the concern is that "citizens" might be held against their will for an additional 48 hours then why can't agencies verify that the person is in fact a citizen? We can send a rover to Mars, but we can't verify citizenship from the jailhouse or other agencies so that they are all on the same page? And why would a bond judge allow bail on an undocumented person charged with a felony who is more likely than not to be a flight risk? Looks like the right hand doesn't know what the left hand is doing. I am sure that there is more to this legal procedure, but the person IS in the country illegally, and for that alone should be held for ICE if charged with a felony. A no-bail ruling should be coming from the judge not Toni. However, if public safety is to dictate, she should not squabble about the cost to hold a person for an additional 48 hours. These 11 certainly are not representative of the majority. Employing common sense measures on a case-by-case shouldn't be difficult.

[timesrtough]

05:00 PM on 02/11/2012

But, but it was only a mere 11 out of 346, so what is the problem. The remaining 335 are probably hard working, tax paying folks and pillars of the community. In addition we are the recipients of the generous spirit of the country of Mexico. They have allowed and encouraged them to "visit" our country to help us. They understand that there are many jobs in America that Americans won't or can't do. So in a jester of neighborly cooperation they have directed these folks to come here and help us fill those unwanted jobs.

[empiresentry]

10:52 AM on 02/12/2012

Guess its not a problem to you because you don't have to live in it. Its not your wife hit by a drunk driver, its not your home robbed, its not your kid overdosed on drugs.

Its a 'mere' 11 that have been caught doing something.
Its a 'mere' 11 while some others have not YET been in the wrong place at the wrong time.
These are repeat offenders. Its not the first time and it will not be the last time.

Perhaps a percentage were workers "engaging in the generous spirit provided by Mexico to come here and help us in a pleasant and neighborly cooperation". No. They are coming here to help themselves and Mexico needs the remittances (money sent back) for dollar cash flow.

The only reason Mexico is suing our states is because they do not want the remittances to stop. DUH its about money, human smuggling and greed. This is nothing nice and friendly.

Since you are so generous, we ask that you sacrifice you job, SS, hospital care, taxes, desk in a school, SS and MM and hand it over to someone else. Because that is what you are asking us to do.

[timesrtough]

12:27 PM on 02/12/2012

You may have misinterpreted my response. It was made as a sarcastic spoof of the typical liberal talking points. In no way did I think or believe that this was appropriate or a reasonable State or govt. policy. Perhaps I was too subtle and I should have been clearer in my opposition to the specific policies of Chicago and the overall Fed Govt immigration enforcement policies. I and my family have been touched by this and fully support a strict enforcement and strengthening of the immigration laws. And when I say my family, this includes 1st & 2nd generation immigrants to our country. If I missed the mark in my attempt at dark humor, then I apologize.

[Armando Cedillo]

03:49 PM on 02/11/2012

Cook County should be sued into oblivion.

[trailerguy]

12:01 PM on 02/11/2012

the huffington post in general would be desribe a liberal site. the fact that so many are pissed at the number of illegalls in this country should tell you something

[trailerguy]

11:59 AM on 02/11/2012

come to america illegall, commit a crime and stay. what a deal. Any illegal and some cases those with green cards should be deported asap after commiting a crime.

[Viper1st]

01:43 PM on 02/11/2012

Immediate deportation ~ Via DHS "Stipulated Removal"

Illegals do have the right to, "Stipulated Removal" offered by DHS. 48hrs from arrest, to border release.

The illegal just needs to sign a waiver of his/her rights to the due process of a deportation hearing in front of an Immigration Magistrate.

Apparently, the 396,906 illegals deported by BHO, fiscal hear 2011, chose to fight their being deported ~ 1 illegal deported every 79 second ~ with a backlog of over 300,000 in detention centers, awaiting deportation hearings

http://www.law.stanford.edu/program/clinics/immigrantsrights/pressrelease/Stipulated_removal_backgrounder.pdf

[shaftedbytheleft]

10:24 AM on 02/12/2012

shoot them it's much cheaper...

[antipodal2u]

10:17 AM on 02/11/2012

nonono, cant have that. That would be discriminatory, profiling. o.0

[alferrer]

09:10 AM on 02/11/2012

Can anyone now understand why the Governor of Arizona was mad at Obama?
Why are liberals mad at her?

[KIVPossum]

03:07 AM on 02/11/2012

Any illegal immigrant who is found guilty of anything more than a simple misdemeanor should be immediately deported - no hearing, just a plane ticket home.

[BrokeInSoCal]

05:30 AM on 02/11/2012

I wouldn't even give them a plane ticket - just use a vacant school bus to dump them off across the border.

[mikey09]

06:45 PM on 02/11/2012

Thats what Eisenhower did.

[redraspberry]

08:22 PM on 02/11/2012

Canadian border, it's closer.

[antipodal2u]

10:17 AM on 02/11/2012

Yeah, how else are they going to get a free trip home for cousin pablos wedding?

[billhodges]

12:06 PM on 02/11/2012

Send all of them to Mexico's southern most border.

[Consequence]

10:58 PM on 02/10/2012

Many Illegals are repeat offenders.

Serious jail time followed by deportation.

Let them know if they are found in the country again it is an automatic lengthy sentence.

[rt1027]

12:54 AM on 02/11/2012

well said