Thread: ICE Agent Faces Suspension For Arresting Illegal Alien

EXCLUSIVE: ICE Agent Faces Suspension For Arresting Illegal Alien | FOX News & Commentary: Todd Starnes

y Todd Starnes

A veteran Immigration and Customs Enforcement agent is facing suspension after he refused to release an illegal immigrant who was not considered a priority target under the Obama Administration’s new immigration enforcement policies, according to documents provided exclusively to Fox News.

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“They’re punishing law enforcement officers who are just trying to uphold U.S. law,” said Chris Crane, president of the National ICE Council. Crane is a union representative acting on the unidentified officer’s behalf.

The officer under fire is an 18-year law enforcement and military veteran.

On March 27 he and another officer were conducting surveillance on a vehicle in Newark, Del. with plates that were registered to a criminal alien target. During the surveillance, they observed an individual get into the vehicle. The person was detained, questioned and taken to an ICE office so that his fingerprints could be run through a federal database.

The individual was not their criminal alien target. However, he was a 35-year-old illegal immigrant from Mexico who had ten previous traffic violations – including driving without a license.

“The officer made the determination using prosecutorial discretion that he would charge (the suspect) as being in the United States illegally and let the judge sort it out,” Crane said.

“That’s our place in the universe,” he said. “We’re supposed to make arrests and let the judges and the legal system sort through the details.”

Instead, two supervising officers, including the acting field director, intervened and ordered the officer to release the illegal immigrant. The acting field director sat down with the illegal and explained that he was going to be let go because he was not a “presidential priority,” Crane said.

In essence, the supervising officers took on the role of a public defender.

“You had the supervisors intervening with the alien to assist the alien and counsel the alien on avoiding receiving a charging document,” he said.

The officer’s supervisors ordered the officer to release the illegal – an order the officer refused.

According to a “Notice of Proposed Suspension,” dated July 19, the officer “failed to follow these supervisory instructions, when you arrested a non-targeted alien who did not appear to meet any of the ICE priorities.”

A memorandum from Assistant Field Office Director David O’Neill, written the morning of the incident, reveals that the officers were told to release the subject even though he was in the country illegally.

The officer “became agitated and began to raise his voice and stated that he would not do as instructed,” O’Neill wrote in his memo.

As a result of disobeying the order to release a known criminal, the officer faces a three-day suspension and could ultimately lose his job and pension if he arrests another illegal not on the Obama administration’s priority list.

“They’re willing to take away their retirement, their job, their ability to support their families in favor of someone who is here illegally and violating our laws,” Crane told Fox News. “Right now (the Obama administration) is standing in the way of us enforcing the law by either taking a disciplinary action, threats of disciplinary action, or refusing to sign off on charging documents to put an illegal alien into immigration proceedings so a judge can sort it out.”

An ICE spokesman did not return multiple calls seeking comment.

Ironically, the illegal alien in this particular incident was given better treatment than an American citizen would have been in similar circumstances.

A spokesman for the Newark Police Dept. told Fox News that if an American had been stopped on the same charges – they would have been put in jail. The spokesman said officers would have let the judge sort out the details.

Crane said that’s the way it used to be – until President Obama loosened restrictions on illegal immigrants.

“Our hands are tied much more than your average police officer,” Crane said. “Normally an officer would have made an arrest like this, processed him, put the paper work in front of the supervisor and they would have signed off on it.”

At the heart of the issue are significant changes announced in June by the Dept. of Homeland Security. The new rules outlined how younger illegal immigrants could stay in the country and gain work permits through the use of “prosecutorial discretion.”

Crane said agents in the field disputed the idea of prosecutorial discretion.

“This whole prosecutorial discretion thing is a big lie,” he said. “The administration is trying to say it gives us more flexibility to release people. It’s garbage. These are orders – very clear orders that you will release people.”

The policy allows for discretion involving individuals who have not been convicted of a “felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and is not above the age of thirty.”

The illegal immigrant in this case had 10 traffic violations and is 35-years-old.

And it’s not the first time that ICE agents have found themselves frustrated by Obama’s new policy. Last month an illegal immigrant injured an officer during an attempted escape in El Paso. Assaulting a federal officer is considered a federal crime. However, because the suspect was not a priority target, he was released without any criminal or immigration charges.

“We can’t do anything anymore under these new guidelines,” he added. “

As a result, he said, an 18-year law enforcement veteran has to pay the price — and somewhere in the nation, a 35-year-old illegal immigrant is driving on a roadway without a license.

“If a law enforcement officer can’t perform routine enforcement functions, what do we have a law enforcement agency for,” Crane wondered.

To be fair, sounds like he is facing suspension for insubordination...not because he arrested someone he wasn't supposed to. Not that the MSM cares. More gas for the fire!

I was always told that if I arrested someone, the only person that can 'unarrest' or dismiss the charges was a US Magistrate. Can a Supervisor do this legally? What if the arrestee comes back and sues for unlawful arrest, etc.?

I can see how insubordination might fit from a management view, BUT is the Supervisor giving a legal order? Who's liable for the arrest?

I'm not comfortable with the 'kick 'em loose' concept. Too loosey goosey for me.

Maybe for a criminal charge, not for immigration issues. At least in my experience. They don't see magistrates, they see pseudo judges, immigration court.

So they are 'almost arrested'? What are they being arrested for if not a criminal charge? I'm confused, but admittedly, not 100% on the immigration lawsI just see illegal arrest, false imprisonment, etc. in this process.

Originally Posted by dmclark

So they are 'almost arrested'? What are they being arrested for if not a criminal charge? I'm confused, but admittedly, not 100% on the immigration lawsI just see illegal arrest, false imprisonment, etc. in this process.

Immigration arrests (in this context) are considered to be administrative arrests, not criminal arrests. They are being arrested and processed for administrative removal proceedings in front of an immigration judge rather than criminal charges. Criminal immigration arrests that lead to Federal prosecution, like re-entry after deportation, are the same as any criminal arrest, but administrative removal is a different animal in most respects. Basically apples and really convoluted oranges.

They get a notice to appear, so its basically like taking them into custody to serve them their NTA...real laymen's terms, you are arresting them to then deport them (that's an oversimplification)...but they don't see a magistrate, and if they ask for voluntary removal (basically saying, yes, I am here illegally and would like to be returned from where I came) they are then removed without seeing any "judge".

The more interesting thing would have been if the IEA (or whatever he is, DO?) said "sure thing boss" and let the guy though...then mailed him an NTA.

I worked cases where L-INS folks would have embarrassing hissy fits when I'd let an out of status visa holder walk to further one of my investigations. It made it worse when I called the alien a cab....but it was to further a criminal case, and more over, it worked. The argument was "but what if you let them go and they get into a car accident and kill someone?!?!?"....my response was "what if they bond out and do the same thing?" which got "then you'd be off the hook"....like it'd make it better or something.

I'm getting into the weeds, but I'm sure you get the obvious, if your boss is telling you to let them go...and we're not talking an axe murderer here...let them go. Standing up for your principles is good and all, but the boss in this situation didn't make the rules, and I doubt POTUS is going to take notice of this instance and change his mind.

This would be a whole lot more simple if we did the right thing and criminally deported every single illegal encountered.

Thanks. It is apples and oranges. But I'm reminded of the my old Instructor at BAT and the question of "Am I free to leave?". If they're not free to leave, they've been arrested. Calling it an administrative detention is silly. (IMO).

I agree if we just did what is supposed to be done, none of this would be happening.

You should read (or try to) the INA...then let us know your feelings. If it were only that easy....etc

I understand the problems with our Immigration laws and please don't interpret my remarks as any disrespect for the men and women that face this problem daily.

It is totally foreign to everything I 'grew up' with in Federal LE. I can't wrap my head around the process. If I can't sleep tonight, I may take a crack at the INA.

Stay safe out there!

Nope, definitely feel disrespected! So you read horror stories when you need to sleep at night? Ha!

I have this thing for reading about what I don't know or understand. Drives my wife nuts!

stinking iphone! Meant don't feel disrespected. HA!

Can a supervisor face any issues for issuing an order to release a subject that has committed an offense?

I know it is a different situation but I have heard of bosses getting not only jammed up, but charged for ordering guys to void tickets or cut people loose.

I have done the NTA for guys on misdemeanor charges to help with on going investigations, but unless I missed something the higher ups in the article here were going for the all out cut him loose approach which comes off as strange.