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ICE subpoenas San Diego Sheriff's Department for migrant arrest data

San Diego Sheriff
Posted at 8:45 AM, Feb 15, 2020
and last updated 2020-02-20 20:45:17-05

SAN DIEGO (KGTV) — ICE served four subpoenas to the San Diego Sheriff's Department (SDSO) Friday for information protected by sanctuary state policies regarding migrants arrested in San Diego.

SDSO is required to protect the data under California's sanctuary state laws, which prohibits local law enforcement from cooperating with immigration detainers or requests for data concerning illegal immigrants.

"The public needs to be aware and concerned that California sanctuary state laws do not protect public safety and is bad public policy. Criminal aliens are being released back into the community daily and most will reoffend resulting in more victims, " said Gregory Archambeault, San Diego Field Office Director for ICE’s Enforcement and Removal Operations in San Diego.

RELATED: US border agents to pursue migrants in 'sanctuary' cities

ICE says it rarely uses subpoenas for information because most law enforcement agencies comply with requests for data on illegal immigrants that have been arrested.

California passed its sanctuary state policy in 2017, preventing local agencies from complying with ICE's request. Friday's subpoenas are the agency's first issued in California.

"The Sheriff’s Department has received the subpoenas from ICE and is in the process of reviewing them. If able to, the Department will comply with the lawful requests in a timely manner," a statement from SDSO read.

ICE is seeking information to the following cases:

  • A 40-year-old Mexican national who was arrested in December by San Diego Police for continuing sexual abuse of a child, lewd and lascivious act of a child under fourteen years old, and oral copulation with a person under fourteen years old. ICE says the individual has two DUI convictions from 2009, has been returned to Mexico on eleven occasions between 2009 and 2011, and is currently in SDSO custody.
  • A 42-year-old Mexican national who was arrested for first degree robbery by SDPD in November 2019. ICE says he has a prior conviction for possession of a controlled substance (methamphetamine) from 2013 and he was granted a voluntarily departure, but failed to leave the U.S. ICE says he has since been released back into the community.
  • A 31-year-old Mexican national who was arrested by SDPD for battery of spouse and false imprisonment in December 2019. ICE says he has a prior conviction for a deceptive government identification from 2008 and that he's been removed from the U. S. three times between 2008 and 2010. ICE says he has since been released back into the community.
  • A 28-year-old Mexican national who was arrested for assault with force, great bodily injury, child cruelty and battery of spouse by SDPD in January 2020. ICE says he was previously arrested in 2017 for battery on spouse by local law enforcement and was returned to Mexico multiple times in 2004 and in 2018. He is reportedly in SDSO custody.

If SDSO fails to provide the information, ICE may request the U.S. Attorney’s Office seek an order from the U.S. District Court.

The departemt responded Thursday night with the following statement: