A new controversy has surfaced about a Colorado law. That allows the release of an inmate wanted by ICE who got bail in late October. The release triggered heavy criticism of the law by the US Immigration and Customs Enforcement as weeks later. The inmate arrested on charges of attempted murder. But the local law enforcement denied any major effect of the law in handling the case. Therefore, they had notified the federal officials about the inmate’s release, gave a chance to ICE to take custody of a suspect who they claim to be staying illegally in the country.
What does the law say?
However, the question enacted in May on the Colorado law. That prevented law enforcement officials in the state. It is from arresting a person based only on a request from ICE. So, people look upon as an immigration detainer. The ICE considers it to be a practice that facilitates federal immigration enforcement and also promotes public safety. It detainers have always been controversial. That challenged about its constitutional validity.
Detainer requests stipulate that law enforcement agencies give at least 48 hours’ notice to ICE before releasing a suspected immigrant from jail. It also held a person for up to 48 hours after their release. ICE’s criticism highlights that the law enforcement ignored a federal detainer on an inmate. That followed the state’s law for releasing him on bail bond, thus overruling ICE’s request to hold him longer. The inmate involved in violent crime immediately after the release. According to ICE, it could have been prevented had Colorado law. It allowed law enforcement to honour immigration detainers.
However, local officials say that the new law did not impact the case, and not honouring immigration detainers has been a longstanding practice. They also said that the federal immigration officials were informed about the imminent release of the inmate. It was upto 21/2 hours before setting him free.
Who is the immigrant?
The inmate,37-year old Osmani Garces Ortiz, who emigrated from Cuba, was in custody at the Arapahoe County Jail in late October. According to a release from ICE, he charged with criminal trespassing and drug possession. He also spent time in the jail located about 15 miles southwest of Denver. Therefore, four days after placing a detainer on him, Osmani was released on bond. The bureau chief of detention administration of Arapahoe County Sheriff’s Office, Vince Line, told that the immigration officials had time to pick up the inmate before his release was confirmed. ICE puts it on record that mere information about the imminent release is not a functional way to ensure the transfer of custody. They believe that law enforcement followed the state law in handling the case.
The Aurora Police Department arrested Garces weeks after his release for offences. That occurred on Nov17 and included violation of bail bond, attempted murder, and assault. Garces’s name appears in the record of the Arapahoe County with a bond of $2,02,000. According to the affidavit by the 18th Judicial District, Garces Ortiz is one of the two alleged suspects in the assault. The police say led to the stabbing of a man and even involved a gun.
While ICE condemned the Colorado legislation as a sanctuary law, the immigration rights advocates lauded the law.