National Police Association


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ENFORCEMENT AND REMOVAL OPERATIONS

Weekly Declined Detainer Outcome Report For Recorded Declined Detainers Jan. 28 – Feb. 3, 2017

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Table of Jurisdictions that have Enacted Policies which Limit Cooperation with ICE

All jurisdictions and their corresponding detainer ordinances listed in this document are based upon public announcements, news report statements, publicly disclosed policies, and/or information given directly to ICE personnel in the field regarding these jurisdictions’ new level of cooperation with ICE detainers. As such, there may be other non-cooperative jurisdictions not contained in this Section of the document. Additionally, a jurisdiction’s criteria for honoring detainers may have changed since publication of this report. The entries below are sorted chronologically, with most recent first, by the date a policy was enacted in the stated jurisdiction.


Jurisdiction (AOR)

Date Enacted

Policy

Criteria for Honoring Detainer

Ithaca, New York (Buffalo)

February 2017

Municipal Code Change

  • Will only honor “warrantless detainer requests from the federal government under limited, specified circumstances” such as violent or serious crimes or terrorist activities


Travis County, Texas (San Antonio)


January 2017

Travis County Sheriff’s Office Policy on Cooperation with U.S.

Immigration and Customs Enforcement

  • Willing to accept requests accompanied by a court order

  • Willing to accept requests when the subject of the detainer request is charged with or has been convicted of Capital Murder, First Degree Murder, Aggravated Sexual Assault, or Continuous Smuggling of Persons

Iowa City, Johnson County, Iowa (Saint Paul)


January 2017

Resolution Reaffirming the Public Safety

Function of Local Law Enforcement


  • Willing to only accept some requests for notifications, I-247N form.

Boulder County, Colorado (Denver)


January 2017

Boulder Municipal Code Title 12, Chapter

12-5


  • Will not honor ICE detainers unless ICE has an arrest warrant for an individual

Montpelier, Vermont

(Boston)


July, 2016

Fair and Impartial Policing


  • Will not hold individuals based solely on an ICE detainer

New Orleans,

Louisiana (New Orleans)

February, 2016

New Orleans Police Department Manual


  • Will not honor detainer without a judicial order or criminal warrant


Philadelphia, Pennsylvania (Philadelphia)


January 2016


Mayoral Executive Order (Reverts back to April 2014 policy)

  • Willing to only honor ICE detainers where the alien has a prior conviction for a first or second degree felony offense involving violence and the detainer is accompanied by a judicial arrest warrant

  • The order also prohibits notice to ICE of pending release of subjects of interest to ICE unless the above criteria is met

Alachua, Florida

(Miami)

September,

2015

Sheriff’s Decision

  • Will not honor ICE detainer without a judicial order or criminal warrant

Franklin County,

Pennsylvania (Philadelphia)


June 2015

County Commission Decision

  • Recognizes ICE detainers as non-binding requests, not mandatory orders

  • Will not hold inmates beyond his/her release date

Arlington County, Virginia

(Washington)


January 2015

County Sheriff’s Office Decision

  • Will not honor an ICE detainer unless ICE first presents the sheriff’s office with a judicially issued warrant authorizing detention

Clay, Florida

(Miami)

December

2014

Standard Operating

Procedure

  • Will not hold without a judicial order or criminal warrant

San Miguel,

New Mexico (El Paso)

December 2014

San Miguel Detention Policies and Procedures


  • Will only detain if reimbursed

DeKalb County, Georgia (Atlanta)

December 2014

County Sheriff’s Office Decision

  • Will not honor an ICE detainer unless ICE first presents the sheriff’s office with a warrant or “sufficient probable cause”

Clayton County, Georgia (Atlanta)

November 2014

County Sheriff’s Office Decision

  • Will not honor an ICE detainer unless ICE first presents the sheriff’s office with a judicially issued warrant authorizing detention.

Chesterfield County, Virginia

(Washington)

November 2014

County Jail Policy

  • The county will notify ICE when a detainee is going to be released, however, they will not hold an individual for any additional time.


Erie County, Pennsylvania (Philadelphia)


October 2014


County Jails’ Policy

  • Will not hold individuals based on the standard I-247 ICE detainer form

  • Will hold individuals if an I-203 Order to Detain and an I-200 Warrant of Arrest form is submitted

  • Will send a list of currently held individuals upon request

  • Will allow ICE to inspect jail at any time and to ride-along with local law enforcement

Lycoming County, Pennsylvania

(Philadelphia)


October 2014


County Prison’s Policy

  • Will not hold individuals solely on ICE detainers

  • Will notify ICE two hours prior of an inmate’s release if ICE had issued a detainer

Montour County,

Pennsylvania (Philadelphia)


October 2014


County Prison’s Policy


  • Will not honor ICE detainers

Perry County, Pennsylvania (Philadelphia)


October 2014


County Prison’s Policy

  • Will not honor ICE detainers without a warrant or court order

  • Will not arrest, detain, or transport anyone solely based on an immigration detainer or an administrative warrant

New Mexico County Jails, New

Mexico (El Paso)


October 2014


County Jails’ Decisions


  • All county jails in New Mexico will not honor ICE detainer

Montgomery

County, Maryland (Baltimore)


October 2014

County Executive’s Decision


  • Will not honor ICE detainers without adequate probable cause

Prince George’s County, Maryland

(Baltimore)


October 2014

County Executive’s Decision

  • Department of Corrections will not honor ICE detainers without a warrant signed by a judge that demonstrates probable cause

Bedford County, Pennsylvania

(Philadelphia)

September 2014

County Correctional Facility’s Policy

  • Will notify ICE of a probable release date if ICE places a detainer, but will not hold an inmate without a court order authorized by a judge

Butler County, Pennsylvania (Philadelphia)


September 2014


County Prison’s Policy

  • Will not hold individuals solely on an ICE detainer

  • Staff will not allow ICE officials to have access to inmates for investigative purposes without a court order or a “legitimate law enforcement purpose…that is unrelated to the

enforcement of civil immigration law”

Westmoreland County,

Pennsylvania (Philadelphia)


September 2014


County Prison’s Policy


  • Will not honor ICE detainer without a judicially authorized warrant or court order

Colorado County

Jails, Colorado (Denver)

September 2014


County Jails’ Decisions


  • All county jails in Colorado will not honor ICE detainer

Sarpy County,

Nebraska (St. Paul)

September

2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without a warrant

Washoe County, Nevada (Salt Lake

City)

September 2014

County Sheriff’s Office Decision

  • Will not honor ICE detainer unless provided with a warrant which could be issued without review by a judge

Delaware,

Pennsylvania (Philadelphia)


August 2014

Correctional Facility’s Policy

  • Will not hold individuals solely based on an ICE detainer

  • Arrangements may be made for “in person” review of the policy

Northampton, Massachusetts

(Boston)


August 2014

Mayoral Executive Order

  • Will not honor ICE detainer that is non-criminal and not subject to a judicially issued warrant

Boston, Massachusetts

(Boston)


August 2014


Boston Trust Act


  • Will not honor ICE detainer without a criminal warrant

Jefferson County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Iowa County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Benton County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Franklin County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Marion County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Greene County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Cass County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Montgomery County, Iowa (St.

Paul)


August 2014


County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Fremont County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Ida County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Pottawattamie County, Iowa (St.

Paul)


August 2014


County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Monona County, Iowa (St. Paul)

August 2014

County Jail’s Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant


Ocean County, New Jersey (Newark)


August 2014


Department of Corrections Policy

  • Will not honor ICE detainer unless individual has an indictable offense of the first, second, or third degree and involve one of the following offenses:

    • Offenses for danger to the person or community;

    • Offenses against property;

    • Offenses against others’

    • Offenses against public order, health, and decency; or

  • In addition, other offenses such as escape and eluding an officer or tampering with witnesses and informant will be honored

Union County, New Jersey

(Newark)


August 2014

County Counsel’s Decision

  • Will not honor ICE detainer without warrant, court order, or other legally sufficient proof of probable cause from ICE

Franklin County,

New York (Buffalo)


August 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer without warrant

St. Lawrence County, New York

(Buffalo)


August 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Bernalillo, New Mexico

(El Paso)


July 2014


Immigration Detainers and Warrants


  • Will not detain any inmate and will not delay the otherwise authorized release of any inmate, as a result of detainer requests or administrative warrants received by ICE.

Onondaga County, New York

(Buffalo)


July 2014

County Sheriff’s Office Decision

  • Onondaga County Justice Center Jail will not honor ICE detainer without a signed warrant

Wayne County, New York

(Buffalo)


July 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Rhode Island Department of

Corrections, Rhode Island (Boston)


July 2014

Department of Corrections Policy from Governor


  • Will not honor ICE detainer without a warrant

Hall County,

Nebraska (St. Paul)

July 2014

County Corrections

Decision

  • Hall County Corrections will not honor ICE detainer without a warrant

Middlesex County, New Jersey (Newark)


July 2014


County Decision

  • Will not honor ICE detainer unless an individual:

    • Is charged with a first- or second-degree crime;

    • Is identified as a known gang member; or

    • Has been subject to a final order of removal by ICE

Clark County,

Nevada (Salt Lake City)


July 2014

The LVMPD Will No Longer Detain Persons on Federal Immigration

Holds


  • Will not honor ICE detainer


Hennepin, Minnesota (Saint Paul)


July 2014

Sheriff Stanek Statement on U.S.

Immigration and Customs Detainers


  • Will not honor ICE detainer absent judicial authority

Bradford County, Pennsylvania (Philadelphia)


June 2014


County Correctional Facility’s Policy

  • Will not honor ICE detainer without paperwork that an individual has a criminal warrant or a criminal conviction

  • Will not hold individuals solely for the detainer and will request further information should they receive a detainer

Nassau County, New York (New

York City)


June 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer without a warrant

Cambridge, Massachusetts (Boston)


June 2014

City Council Resolution

  • Will not honor ICE detainer unless in cases where immigration agents have a criminal warrant or Cambridge officials have a legitimate law enforcement purpose not related to immigration

Hernando County,

Florida (Miami)

June 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer

Harvey County,

Kansas (Chicago)

June 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without a court order or warrant

Butler County,

Kansas (Chicago)

June 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without a court order or warrant

Story County, Iowa (St. Paul)

June 2014

County Sheriff’s Office Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

Sioux County, Iowa (St. Paul)

June 2014

County Sheriff’s Office Decision

  • Will not honor ICE detainer unless a judge has approved the move with a probable cause warrant

East Haven, Connecticut (Boston)


June 2014

East Haven Police Department Policies and Procedures No.

428.2


  • Will not honor ICE detainer

Sedgwick County,

Kansas (Chicago)

June 2014

County Sheriff’s

Decision

  • Will not honor ICE detainer without a court order or warrant

Finney County,

Kansas (Chicago)

June 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without probable cause or a warrant

Shawnee County,

Kansas

June 2014

Sheriff Directive

  • Will not honor detainers without additional probable cause

Chester County, Pennsylvania (Philadelphia)


May 2014


County Prison’s Policy

  • Will not detain individuals solely based on an ICE detainer

  • Will allow ICE agents access to daily population reports and other records for investigative purposes

San Juan County,

Washington (Seattle)


May 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Lehigh County, Pennsylvania (Philadelphia)


May 2014

Board of Commissioners

Resolution 2014-36


  • Will not honor ICE detainer without a judicially issued detainer, warrant, or order

Somerville, Massachusetts (Boston)


May 2014

Mayoral Executive Order and Board of Alderman Ordinance

  • Will not honor ICE detainer unless ICE provides criminal warrant or if there is a legitimate law enforcement purpose beyond immigration status for keeping a suspect in custody after bail is posted or a judge releases the individual

Aurora Detention Center, Aurora

Colorado (Denver)


May 2014

Detention Center Decision


  • Will not honor ICE detainer

Clallam County, Washington

(Seattle)


May 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Jefferson County, Washington

(Seattle)


May 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Whatcom County, Washington

(Seattle)


May 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Skagit County, Washington

(Seattle)


May 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Bucks County, Pennsylvania

(Philadelphia)


April 2014

County Department of Corrections Policy

  • Will not hold solely on an ICE detainer, but will notify ICE via email of a pending release from custody

Montgomery County,

Pennsylvania (Philadelphia)


April 2014


County Correctional Facility’s Policy

  • Will not honor ICE detainer

  • Will not accept anyone brought to it solely on an ICE detainer

  • Has daily contact with ICE

Clark County,

Washington (Seattle)


April 2014

Chief Jail Deputy’s Decision


  • Will not honor ICE detainer unless ICE provides an affidavit of probable cause

Cowlitz County, Washington

(Seattle)


April 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Snohomish County,

Washington (Seattle)


April 2014


County Sheriff’s Office Decision


  • Will not honor ICE detainer

Baker County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer

Clatsop County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer

Thurston County,

Washington (Seattle)


April 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer

Wallowa County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Yamhill County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Union County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Tillamook County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Malheur County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Jefferson County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Josephine County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Grant County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Coos County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Springfield Police

Department, Oregon (Seattle)


April 2014


Department Policy


  • Will not honor ICE detainer without court order or warrant

Polk County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Lincoln County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Jackson County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Douglas County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Marion County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Deschutes County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer without court order or warrant

Clackamas County,

Oregon (Seattle)

April 2014

County Sheriff’s Office

Decision

  • Will not honor ICE detainer unless there is probable cause for such detention

Washington County, Oregon (Seattle)


April 2014

County Sheriff’s Office Decision

  • Will not honor ICE detainer without court order or warrant Sheriff’s office will now only send a daily roster of foreign-born individuals in county custody instead of notifying ICE of each person individually

Walla Walla County,

Washington


April 2014


Special Order 2014-002


  • Will not hold individuals on the authority of an ICE detainer

Multnomah County, Oregon

(Seattle)


April 2014

County Sheriff’s Office Decision


  • Will not honor ICE detainer without court order or warrant


Philadelphia, Pennsylvania (Philadelphia)


April 2014


Mayoral Executive Order

  • Will honor ICE detainer where the alien has a prior conviction for a first or second degree felony offense involving violence and the detainer is accompanied by a judicial arrest warrant

  • Order also prohibits notice to ICE of the pending release of subjects of interest to ICE unless the above criteria is met


King County, Washington (Seattle)


December 2013


Ordinance 2013-0285 ICE Detainer Ordinance

  • Convicted of a homicide at any time in the past;

  • Convicted of a violent, serious, sex, or serious traffic offense within the past 10 years; or

  • Released from prison after serving sentence for violent, serious, sex, or serious traffic offense conviction, among other criteria

  • Accompanied by criminal warrant

Newark, New

Jersey (Newark)


July 2013

Newark Police

Department General Order 13-04


  • Will not honor ICE detainer


New York City, New York (New York City)


March 2013

A Local Law to amend the administrative code of the city of New York, in relation to persons not to be

detained by the police department


  • Will not honor ICE detainer


Washington, DC (Washington DC)


July 2012


Immigration Detainer Compliance Amendment Act of 2011

  • Requires written agreement from ICE reimbursing costs in honoring detainer; and that the alien is:

    • Convicted of a dangerous crime;

    • Convicted of a crime of violence within the last 10 years;

    • Convicted of a homicide; or

  • Released in the past five years for these crimes


Chicago, Illinois (Chicago)


July 2012


Municipal Code of Chicago Chapter 2-173-

005 and 2-173-042

  • Has an outstanding criminal warrant;

  • Convicted of a felony;

  • Is a defendant in a criminal case where a judgment has not been entered and a felony charge is pending; or

  • Identified as known gang member


Milwaukee, Wisconsin (Chicago)


June 2012


Resolution 12-135

  • Convicted of at least one felony or two non-traffic misdemeanor offenses;

  • Convicted or charged with any domestic violence offense or any violation of a protective order;

  • Convicted or charged with intoxicated use of a vehicle;

  • Is a defendant in a pending criminal case;

  • Has an outstanding criminal warrant;

  • Identified as known gang member; or

  • Is a possible match on the US terrorist watch list

Amherst, Massachusetts

(Boston)


May 2012

Bylaw Regarding Sharing of Information

with Federal Agencies


  • To the extent permissible by law, will not honor immigration detainer requests

Providence, Rhode

Island

March 2011

Resolution of the City

Council

  • The State of Rhode Island does not honor ICE detainers


Cook County, Illinois (Chicago)


September 2011

Ordinance 11-0-73;

Chapter 46 Law Enforcement, Section

46-37 of Cook County Code


  • Requires written agreement from ICE reimbursing costs in honoring detainer

Lebanon County, Pennsylvania (Philadelphia)


August 2008

County Correctional Facility’s Policy

  • Will not hold individuals solely on ICE detainers

  • Will send weekly reports to ICE about newly incarcerated individuals, and allows ICE to access the facility and records


Hartford, Connecticut (Boston)


August 2008

Article XXI - City Services Relating To Immigration Status (Ord. No. 20-08, 8-11-

08)


  • Will not arrest or detain a person based solely on their immigration status unless there is a criminal warrant

Clarion County,

Pennsylvania (Philadelphia)

September 1997

County Corrections Policy

  • Will not hold individuals solely based on ICE detainer; requires legal and authorized commitment paperwork

Pike County, Pennsylvania (Philadelphia)


Undated

Correctional Facility’s Standard Operating Procedures

  • ICE detainers are not acceptable commitment paperwork nor can be used as a valid hold

  • Has a contract with ICE to hold those who are in federal custody pending immigration proceedings


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