ICE, Sheriffs Announce New Immigrant Detention Policy

LARGO, FL - U.S. Immigration and Customs Enforcement officials announced that they will team up with 17 Florida sheriff's offices to prevent the release of criminal aliens back into the community. The announcement was made in a joint press conference Wednesday, Jan. 17, at the Pinellas County Sheriff's Office in Largo.

The agreement will prevent non-U.S. residents who have committed crimes from being released from local jails before immigration officials have a chance to evaluate their cases and possibly deport them.

ICE Deputy Director Thomas Homan said one of his agency's top priorities is to arrest and deport illegal aliens who have committed crimes. All too often, however, illegal aliens are arrested on lIn a joint press conference Wednesday, Jan. 17, at the Pinellas County Sheriff's Office in Largo, ocal criminal charges and released back into the community before ICE has a chance to detain them, Homan said.

The agreement between ICE and law enforcement agencies will permit city, county and state law enforcement to turn over "criminal aliens" to immigration officials, he said.

"This process will result in fewer criminal aliens released to the street. It's as simple as that," he said . "The stronger our partnerships are with local law enforcement, the better we can execute ICE's public safety mission and protect our communities."

Although these types of agreements, known as Basic Ordering Agreements, have been challenged in courts around the country leading to legal problems for some local law enforcement agencies, Homan said ICE has modified the agreement to prevent any legal liabilities.

Working with the National Sheriffs' Association and the Major County Sheriffs of America, Homan said ICE has developed a new agreement that clarifies that illegal aliens arrested by local law enforcement can be held in jail without bail until ICE officials can pick them up. ICE, however, must take custody of the detainees within 48 hours.

"Today's announcement is about public safety - period," said said MCSA treasurer and Pinellas County Sheriff Bob Gualtieri. "For years, sheriffs have had to choose between releasing criminal illegal aliens from their jails back into the community, or exposing themselves to potential civil liability. Both choices are unacceptable and that is why the Basic Ordering Agreement model being unveiled today is the linchpin in allowing us to faithfully execute our public safety duties,"

Homan emphasized that the Basic Ordering Agreement is not a contract. It is a "set of terms negotiated between an agency and a service provider that contain a description of services to be provided."

In this case, the service local law enforcement will provide is to hold alien criminals in jail until ICE can take custody of them. ICE will reimburse local law enforcement agencies for up to 48 hours of detention.

"Today's agreement makes our communities, neighborhoods and our nation safer," said National Sheriff's Association Executive Director Jonathan Thompson. "Suffering will be reduced, and lives will be saved."

He said he's confident the new BOA will hold up in court as well.

"The immigration detainer issue has been difficult and challenging," he said. "Under this new process, sheriffs holding illegal criminal aliens in their jails and prisons are afforded liability protection from potential litigation when faithfully executing public safety duties. America's more than 3,000 sheriffs across the nation are grateful to the administration, Department of Homeland Security and the superior leadership of Deputy Director Homan for listening and working with us to advance and implement this common-sense solution,"

Before rolling out the new BOA nationally, Homan said ICE is offering the agreement to a limited number of law enforcement jurisdictions in Florida to make sure the process doesn't have any snags. Other law enforcement agencies will be added throughout the year.

Those participating in Wednesday's roll-out of the new agreement include sheriffs of Pinellas, Lee, Manatee, Bay, Walton, Hernando, Brevard, Polk, Indian River, Charlotte, Monroe, Sarasota, Columbia, Santa Rosa, Suwannee, Hillsborough and Pasco counties.

Video via ICE