ICE arrests Guatemalan national released from NYC custody with an active detainer
NEW YORK - A 20-year-old Guatemalan national illegally present in the U.S. was arrested by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) officers March 2. ERO had previously lodged an immigration detainer with the New York City Department of Corrections (NYCDOC) following his arrest for sexual offenses in Brooklyn.
Miguel Federico Ajqui-Ajtzalam was arrested by the NYPD Feb. 27, on the charges of felony rape in the 2nd, sexual abuse in the 2nd for sexual contact with a person less than 14 yrs., and act in manner to injure a child less than 17 yrs. ERO officers assigned to ERO New York’s Criminal Alien Program lodged a detainer with the NYCDOC. As a result of New York City’s sanctuary policies, Ajqui-Ajtzalam was subsequently arraigned and released from the custody of the NYCDOC without the detainer being honored.
Ajqui-Ajtzalam was initially encountered by U.S. Border Patrol (USBP) on Sept. 23, 2016 after illegally entering the U.S. without inspection. Ajqui-Ajtzalam was processed as an unaccompanied alien child (UAC), issued a Notice to Appear, and was released from ICE custody on Nov. 4, 2016 on an Order of Recognizance (OREC) pending removal proceedings.
On March 2, ERO officers arrested Ajqui-Ajtzalam in Brooklyn, New York. He is currently detained in ICE custody pending removal proceedings before a federal immigration judge.
ICE removed or returned 267,000 aliens in fiscal year 2019. ERO arrested 143,000 aliens, more than 86 percent of whom had criminal convictions or pending criminal charges.
ICE is focused on removing public safety threats, such as convicted criminal aliens and gang members; as well as individuals who have violated our nation’s immigration laws, such as those who illegally re-enter the country after a prior removal, and immigration fugitives ordered removed by federal immigration judges.
ICE lodges detainers on individuals who have been arrested on criminal charges and who ICE has probable cause to believe are removable aliens. The detainer asks the other law enforcement agency to notify ICE in advance of release and to maintain custody of the alien for a brief period of time so that ICE can take custody of that person in a safe and secure setting upon release from that agency’s custody. When law enforcement agencies fail to honor immigration detainers and release serious criminal offenders onto the streets, it undermines ICE’s ability to protect public safety and carry out its mission.
Congress has established no process, requirement, or expectation directing ICE to seek a judicial warrant from already overburdened federal courts before taking custody of an alien on civil immigration violations. This idea is simply a figment created by those who wish to undermine immigration enforcement and excuse the ill-conceived practices of sanctuary jurisdictions that put politics before public safety.
Sanctuary Policies Put Public Safety at Risk
When law enforcement agencies don’t honor ICE detainers, these individuals, who often have significant criminal histories, are released onto the street, presenting a potential public safety threat. Any local jurisdiction thinking that refusing to cooperate with ICE will result in a decrease in local immigration enforcement is mistaken. Local jurisdictions that choose to not cooperate with ICE are likely to see an increase in ICE enforcement activity, as ICE the agency has no choice but to conduct more at-large arrest operations. A consequence of ICE being forced to make more arrests on the streets is the agency is likely to encounter other unlawfully present foreign nationals that wouldn’t have been encountered had we been allowed to take custody of a criminal target within the confines of a local jail. Additionally, once these criminals are out on the street, confirming their whereabouts is often time consuming and resource intensive. Many of our arrest targets are seasoned criminals who are savvy about eluding law enforcement. Despite the severe challenges that local policies have created for ICE, we remain committed to our public safety mission and we will continue to do our sworn duty to seek out dangerous criminal aliens and other immigration violators. ICE seeks straightforward cooperation with all local law enforcement and elected officials. ICE deportation officers carry out targeted enforcement actions every day in locations around the country as part of the agency’s ongoing efforts to protect the nation, uphold public safety, and protect the integrity of our immigration laws and border controls.
ERO New York’s Area of Responsibility: The City of New York, and the following counties: Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk, Sullivan, Ulster, and Westchester.