Tompkins County sheriff released an illegal immigrant with federal deportation order
The Tompkins County Sheriff’s Office in Ithaca, New York, released an illegal immigrant, Jesus Romero-Hernandez, despite a federal deportation order from the Immigration and Customs Enforcement (ICE).
Romero-Hernandez, a Mexican citizen with a prior assault conviction, was charged with illegally re-entering the U.S. after a previous removal.
Federal agents criticized the Sheriff’s Office for releasing Romero-Hernandez, forcing ICE, U.S. Marshals and the Homeland Security Investigations to recapture him under “unsafe conditions.”
The Justice Department is threatening civil lawsuits against sanctuary cities that hinder federal immigration enforcement, creating a “Sanctuary Cities Enforcement Working Group.”
Legal experts argue that while the Justice Department is intensifying its involvement, the Sheriff’s Office was within its rights to release Romero-Hernandez after he completed his state sentence.
Jesus Romero-Hernandez, a 27-year-old Mexican citizen, was in local custody when Immigration and Customs Enforcement (ICE) provided a copy of a federal arrest warrant to the Tompkins County Sheriff’s Office. Romero-Hernandez, who had pleaded guilty to assault charges in New York State, was charged with illegally re-entering the U.S. after a prior removal.
“The Tompkins County Sheriff’s Office in Ithaca, NY, a self-described sanctuary city, appears to have failed to honor a valid federal arrest warrant for a criminal alien with an assault conviction,” said acting Deputy Attorney General Emil Bove.
ICE Enforcement and Removal Operations (ERO), along with the U.S. Marshals Service (USMS) and Homeland Security Investigations (HSI), had to pursue Romero-Hernandez in “unsafe conditions” to recapture him.
“Today, they were successful in recapturing the defendant. I applaud the U.S. Attorney’s commitment to investigate these circumstances for potential prosecution, and the efforts of the agents who were able to arrest the defendant under wholly avoidable circumstances,” Bove said in an official statement on Jan. 30.
Justice Department threatens lawsuits against sanctuary cities
The Department of Justice has created a “Sanctuary Cities Enforcement Working Group” and is threatening civil lawsuits against jurisdictions that hinder federal immigration enforcement.
However, Osborne maintains that his office has no jurisdiction over immigration enforcement and does not cooperate with ICE. “ICE does not inform my office of potential raids and we do not have jurisdiction over immigration enforcement. We do not work with them in any capacity. I can’t think of a time we have even had an interaction with ICE.”
But legal experts note that while the Justice Department has escalated its involvement in cases like Romero-Hernandez’s, the sheriff’s office was within its rights to release him after his sentence was served.
Matthew Piers, a Chicago-based lawyer, stated that the criminal warrant gives ICE the authority to arrest someone like Romero-Hernandez, who faces charges for re-entering the country without authorization. However, it does not authorize local law enforcement to continue to hold someone as to whom there is no longer authority to maintain custody.
In line with all this, Bove claimed that the department is committed to protecting law enforcement officers and ensuring their safety and effectiveness.
“The Justice Department will not tolerate actions that endanger law enforcement and make their jobs harder than they already are, as they work to protect us all. We will use every tool at our disposal to prevent sanctuary city policies from impeding and obstructing lawful federal operations designed to make America safe again and end the national crisis arising from four years of failed immigration policy,” Bove said.
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