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Tipsheet

'Sanctuary City' Just Released This Man Back Into the Community

Enforcement and Removal Operations (ERO) Baltimore

U.S. Immigration and Customs Enforcement (ICE) arrested an MS-13 gang member convicted of killing a Maryland resident years after local law enforcement in a so-called "sanctuary city" freed the illegal alien in defiance of ICE's detainment request.

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According to an ICE press release, Enforcement and Removal Operations (ERO) Baltimore's Fugitive Operations Team finally captured the 26-year-old Honduran national, a "validated" gang member of the Mara Salvatrucha (MS-13) Sailors Locos Salvatrucha Westside (S.L.S.W. or "Sailors") Clique, on Dec. 12 in Hyattsville, approximately 6.5 miles east of Washington, D.C.

Notorious for its brutality, MS-13's motto is "Mata, viola, controla"—meaning "Kill, rape, control."

Back in 2016, the Prince George's County Police Department arrested the illegal immigrant, who has not been named by ICE, on a slew of charges in connection to the Maryland resident's slaying: first-degree murder, second-degree assault, second-degree murder, conspiracy to commit murder in the second degree, first-degree assault, conspiracy to commit assault in the first degree, conspiracy to commit assault in the second degree, having a dangerous weapon with the intent to injure, having a handgun on his person, reckless endangerment, conspiracy to commit reckless endangerment, and possession of a firearm by a minor.

In November 2018, the Circuit Court for Prince George's County convicted the illegal alien of voluntary manslaughter and sentenced him to 10 years of imprisonment. The court suspended all but 751 days—roughly two years—of his prison sentence and dismissed the remaining charges. ERO Baltimore had lodged an immigration detainer against him with the county's detention facility in Upper Marlboro. But, two months into his prison stretch, the Prince George's County Detention Center released the convict from custody in January 2019, refusing to honor ERO Baltimore's detainer and placing him back onto American streets.

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According to ICE data reported by the Center for Immigration Studies, Prince George's County is considered a "sanctuary" jurisdiction, a safe haven for illegal immigrants that oft-shields them from ICE and actively obstructs immigration enforcement.

As the Center for Immigration Studies aptly explains: "A detainer is the primary tool used by ICE to gain custody of criminal aliens for deportation. It is a notice to another law enforcement agency that ICE intends to assume custody of an alien and includes information on the alien's previous criminal history, immigration violations, and potential threat to public safety or security."

Acting additionally as a request for advance notification of the subject's release, the detainer also asks that the agency maintain confinement of the criminal "non-citizen" for a brief period so that ICE can take over without having to hunt down the at-large alien. In such "sanctuary" cities and counties, local laws, ordinances, and policies can restrict or prohibit cooperation with ICE. Some jurisdictions choose to willfully defy ICE detainers and release removable (a.k.a. deportable) thugs back into the community.

In 2019, ICE lambasted Prince George's County for shielding illegal alien criminals through current "non-cooperation" policies. The county's Department of Corrections issued a memo in 2014 declaring it would not honor ICE detainers unless accompanied by a warrant: "Prince George's County has determined that it could be a violation of the Fourth Amendment for state and local law enforcement officers to detain or arrest an individual solely on the basis of a civil immigration detainer issued by ICE unless they are acting under federal authority. If an ICE Detainer is received for an individual in custody no action is to be taken."

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Nearly five years later, ICE deportation officers from ERO Baltimore were able to nab the Honduran national outside his residence in Hyattsville. The convicted killer will remain in federal custody pending his removal from the United States, per ICE.

"This unlawfully present noncitizen is not only a member of a violent street gang, but he has also proven to be a severe threat to the public by killing one of our residents," said ERO Baltimore acting Field Office Director Darius Reeves. "Violent noncitizen criminals like this Honduran national need to be removed from this country. It is a shame when local law enforcement agencies refuse to honor ICE detainers. ERO Baltimore will not relent in our pursuit of justice for the people of our Maryland communities."

Prior to his manslaughter conviction, the illegal alien was previously released into the U.S. under the Obama administration.

According to ICE, the man unlawfully entered the United States on an unknown date at an unknown location without being inspected, admitted, or paroled by an immigration official. U.S. Border Patrol encountered the illegal alien as an "unaccompanied minor" near the Rio Grande Valley—along Texas's southern border with Mexico—in 2014. He was served a notice to appear before a U.S. Department of Justice (DOJ) immigration judge and then transferred to the custody of the Office of Refugee Resettlement within the Administration for Children and Families, which ultimately handed him over to his father in Hyattsville.

Two years later, his immigration proceedings were administratively closed. (Administrative closure is a caseload-management mechanism of "convenience" used to indefinitely suspend removal proceedings deemed "low-priority." to deportation authorities.)

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This despite, in 2015, the Prince George's County police had arrested and charged the illegal alien with second-degree assault. Then, in 2016, the agency arrested him again on charges of concealing a dangerous weapon and resisting arrest. However, he was only convicted of resisting arrest and sentenced to just 30 days behind bars; his remaining charges were dismissed.

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