By Dan Murphy
The debate in Westchester over whether local law enforcement authorities should cooperate with U.S. Immigration and Customs Enforcement officers when illegal immigrants are arrested continues after media reports found a Mexican undocumented resident was arrested by Westchester County Police for raping an underage girl, but was not held for ICE to pick up and deport.
Joaquin Rodriguez Quiroz was charged Sept. 6 with third-degree rape. ICE lodged a detainer for Quiroz on Sept. 7, but Westchester County declined the ICE request to detain Quiroz and he posted bond and is currently at large.
ICE officials recently stepped up their effort to inform the public about the unwillingness of local law enforcement to cooperate with ICE concerning illegal aliens who have been arrested and some charged with serious crimes.
This situation, also called “sanctuary communities,” is in effect in Westchester County and many communities across the country. Acting ICE Director Matthew Albence held a White House press briefing to explain how sanctuary policies threaten public safety and called on the public to hold their local lawmakers accountable. The briefing made clear that local jurisdictions across the U.S. that refuse to cooperate with ICE are complicit in the crimes committed by aliens who ICE could have otherwise been arrested and removed.
Under federal law, ICE has the authority to lodge immigration detainers with law enforcement partners who have custody of individuals arrested on criminal charges and who ICE has probable cause to believe are removable aliens. The detainer form asks the other law enforcement agency to notify ICE in advance of release and to maintain custody of the alien for a brief period so that ICE can take custody of that person in a safe and secure setting upon release from that agency’s custody.
Across the U.S., several jurisdictions refuse to honor detainers and instead choose to willingly release criminal offenders back into their local communities where they are free to offend.
Albence made clear that state and local jurisdictions that refuse to cooperate with immigration enforcement not only betray their duty to protect public safety, but force ICE to be more visible in those areas.
“As law enforcement professionals, it is frustrating to see senseless acts of violence and other criminal activity happen in our communities, knowing ICE could have prevented them with just a little cooperation,” he said. “To the public, who want to live and raise your families in safe neighborhoods, we ask you to hold your lawmakers accountable before you, or someone you love, is unnecessarily victimized by a criminal ICE could have removed from the country.”
Albence listed 29 illegals who were all arrested for serious criminal offenses, including sex crimes, drug crimes and driving under the influence offenses. One of those listed as ICE’s most wanted was Quiroz here in Westchester.
“It is past time to put aside all the political rhetoric and listen to the facts – and the fact is, people are being hurt and victimized every day because of jurisdictions that refuse to cooperate with ICE,” said Albence.
Approximately 70 percent of the arrests ICE makes happen after ICE is notified about an alien being released from local jails or state prisons. In 2019, ICE has lodged more than 160,000 detainers with local law enforcement agencies.
“Uncooperative jurisdictions should be on notice that as long as criminal offenders are being released, they should get used to seeing a lot more ICE at-large enforcement activity in their communities,” said Albence.
Nationally, approximately 90 percent of all people arrested by ICE during fiscal year 2019 either had a criminal conviction, a pending criminal charge, had illegally re-entered the U.S. after being previously removed (a federal felony), or were an immigration fugitive subject to a final order of removal.
Here is what ICE wrote in its release to the media across the country: “Despite requests that the men be held in jail until officers from ICE could pick them up, local law enforcement in both states released the suspects back into the public. The other man – Joaquin Rodriguez Quiroz – was arrested by police in New York’s Westchester County on third-degree rape charges Sept. 6. Quiroz allegedly raped a minor under 17 years old, which is a class-E felony in New York. ICE again lodged a detainer request with the Westchester County Jail on Sept. 7, but the Mexican national was released after posting bond.”
ICE has classified Quiroz as a fugitive and is asking anyone with information on where either of the child rape suspects are to call 1-866-DHS-2-ICE. He is 5 feet, 3 inches tall with a weight of 151 pounds.
Westchester residents are warned not to attempt to apprehend any subject.
Last year, County Executive George Latimer signed the Immigrant Protection Act into law. The measure, which passed the Board of Legislators by a vote of 11-3, prevents Westchester County from using any of its resources to assist in federal investigations based on race, gender, sexual orientation, religion, ethnicity or national origin. In general, the Immigrant Protection Act outlines what information county law enforcement will require from those with whom they interact and how this information is shared with all levels of law enforcement.
Recently, the New York State court system issued rules that prohibit ICE from arresting people in state and local courthouses unless they have an warrant. In doing so, the local government hopes to ensure that non-citizens can attend court appearances and receive other important services. Some examples include crime victims who may need to testify in court, tenants who may be involved in eviction proceedings, and people seeking protection from domestic abusers
The IPA limits information the county will share with federal immigration authorities and bars county employees from asking about a person’s citizenship in most circumstances.
