ICE, local officials work together on illegal immigration (Fremont Tribune)

ICE, local officials work together on illegal immigration

By Russ Krebs/Fremont Tribune
Friday, Nov 14, 2008 - 11:02:31 am CST

Immigration and Customs Enforcement agents investigate every call from the Dodge County Jail about illegal aliens, officials said.

“If somebody contacts us regarding a possible illegal alien, we’ll take a look,” said Tim Counts, ICE spokesperson. “We have to develop probable cause to place a detainer. Our agents are very good at interviewing people and they can check databases.”

He said a lot of the time, the reason a detainer is placed is the person admits to being in the country illegally.

A new policy officially started in September at the Dodge County Jail, making the jail the point of contact with ICE officials.

There are two ways possible immigration problems are detected.

The first is when the arresting agency fills out a custody authorization form where officers indicate any reason they have to believe the inmate might be illegal.

The second way an ICE contact can be initiated is through the intake process and interview mainly based on self-reporting of being born in another country.

If an ICE agent determines the person is here illegally, a detainer is placed on the person. The only way that person is released is if he posts bond before contact with ICE is made.

“We send paperwork that whenever the jail is finished with (the inmate), give us a call,” Counts said. “That detainer is in place until the person is released to our custody. The detainer remains in place until the sentence is served.”

He said it is a misconception that once an ICE detainer, or hold, is placed on somebody that he doesn’t have to serve his sentence. That hold does not come into play until the criminal justice system is done with the illegal immigrant.

Counts said agents try to pick up anyone with a detainer within 48 hours of completing their sentence.

Once someone with a detainer is picked up, they are housed in a jail contracted by ICE. Area jails under contract include Pottawatamie, Sarpy, Phelps, Hall, Cass, Douglas and Madison counties.

Once a person is in custody of ICE, a bond is generally set and the person can be released on bond, on a personal recognizance bond, or with the stipulation of wearing an electronic monitoring device or calling into ICE offices.

“Some people who are illegal and convicted of certain aggravated felony offenses under federal law have no right to a judge,” and can immediately be ordered deported, Counts said. “If somebody is referred to us from jail or law enforcement, the chances of us holding them increases.”

Everyone else facing deportation can request a hearing to determine whether or not they should be deported.

“An individual can opt for a stipulated removal that’s done all on paper and signed by a judge,” Counts said.

Once stipulated, that person can either be deported by agents or a federal immigration judge has the option of granting voluntary departure, he said. That allows a person to get their affairs in place and voluntarily leave the country.

“The judge also issues an alternate order of removal,” Counts said. “If they do not leave by the deadline issued by the judge, ICE will find them and carry out the judge’s orders.”

A person who has been deported faces up to 20 years in prison if they return to the country illegally. A person who has been deported is not allowed to return to the country even in a legal way for 10 years, he said.

“If illegal immigration is going to have integrity, there has to be consequences if you come here illegally and won’t leave,” Counts said.

He said there are 100 fugitive operations teams in the country, including one located in Omaha. They search for any illegal immigrant who has absconded from authorities to return them to their home country.

The fleet of aircraft operated by the Department of Justice that moves inmates around the country also returns people to contiguous countries and Central America. Commercial or chartered flights with agents are used for other countries.

“We remove them as quickly as possible,” Counts said.