CHARLOTTE — A little more than two weeks after HB10 was enacted into law, Sheriff Garry McFadden is sharing how his department is implementing it. The law requires sheriffs to cooperate and honor detainers, holding people at ICE’s request for up to 48 hours. A law is written in part because of McFadden’s past opposition to the process.
“We will always follow the law,” McFadden said. “That is what we will always do.”
According to the Mecklenburg County Sheriff’s Office, 32 detainers have been placed by ICE since December 1. Sheriff McFadden said ICE has not picked anyone up. He doesn’t expect that trend to continue.
“President Trump and his administration are going to be very forthcoming with immigration,” he said. “I think there will be a lot of deportation.”
Channel 9 reviewed the court documents for all 32 people MCSO said ICE placed detainers on in the first two weeks of HB10. A review of court documents shows 13 people are back on the streets after not being picked up. Some of the suspects are accused of felonies.
One suspect not picked up after an ICE hold was Kalihet Gaitan-Castano. She’s accused of participating in the robbery and shooting of a man outside of an east Charlotte apartment complex. Diego Tinoco-Martinez was also released. He’s accused of trying to stab his ex-girlfriend with a kitchen knife. Merville Khonde was also released. The citizen of Congo, according to ICE, is accused of leading police on a chase in a stolen car with speeds topping out at 100 miles per hour on Nevin Road.
ICE told Channel 9 last week there are different standards for when they pick people up. Sheriff McFadden said ICE told him there is no movement right now as they wait for Trump to take office.
[ ALSO READ: Mecklenburg Co. sheriff says ICE hasn’t picked up anyone after detainers since HB10 ]
Still, McFadden said he’s hearing from community members who are concerned.
“To take that fear away is going to be hard,” he said.
ICE told Channel 9 that Sheriff McFadden is not notifying the agency before suspects with detainers are released. Sheriff McFadden confirmed that is the case even though the detainers requested he do so.
On Khonde’s detainer, ICE requested a call to DHS before he was released from custody. That did not, and has not, been happening.
“Do you notify ICE before (the suspect) leaves after the retainer expires?” Eyewitness News Reporter Joe Bruno asked.
“No, we don’t,” Sheriff McFadden said. “It’s not part of the new law. It’s not part of it.”
“Why not give them a call to let them know (that a) detainer just expired? He’s free to go.” Bruno asked.
“That’s something we have to talk about. I’m not sure why we do that,” McFadden said. “I’m not sure. I just think it’s the best for us.”
A spokesperson for ICE said ICE Enforcement and Removal Operations was not involved in the drafting of HB10 and therefore won’t comment on its interpretation but said the point of a detainer is to serve as a request that the local agency tells ICE before they are released from the agency’s custody.
“Common sense dictates that without notification, ICE ERO will be unaware of an individual’s scheduled release subsequent to completion of a criminal sentence or posting of a bond, at which time ICE will determine what enforcement action will be taken,” the spokesperson for ICE said.
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In the 45-minute interview with Channel 9 and Telemundo, Sheriff McFadden laid out several things he said are confusing about the new law and its impact. He said it isn’t clear if the 48-hour countdown starts immediately after his office receives the detainer. He said right now they aren’t counting weekends and holidays in the 48 hours. A spokesperson for ICE says that interpretation is correct.
McFadden said ICE hasn’t picked up any of the 32 people who have had a detainer placed on them since House Bill 10 went into effect. But he doesn’t know what would happen if they tried. He said he’s not sure if they need a warrant or writ.
ICE said the detainer and accompanying administrative warrant are sufficient for them to pick somebody up.
McFadden also said he doesn’t know what will happen to state charges if ICE picks a suspect up. A spokesperson for ICE said that the decision will be made by local authorities.
McFadden chided the process and what he said was a lack of communication about how to implement the law.
“There was no collaboration of this rollout of HB10 and I think that was poorly done,” he said. “I think if you are going to pass the bill or when the bill was overridden by republicans, I think there should have been a meeting to say it is now law and this is how we are going to move forward.”
Following Channel 9′s interview with Sheriff McFadden, a spokesperson for MCSO said McFadden spoke to ICE and was told there is no movement right now as they wait for President-elect Trump to take office. A spokesperson for ICE denied that is the case, saying there is no movement because the Mecklenburg County Sheriff’s Office hasn’t notified ICE ERO that any of the noncitizens in its custody, and for whom an ICE detainer has been issued, are scheduled for release.
VIDEO: Mecklenburg Co. sheriff says ICE hasn’t picked up anyone after detainers since HB10
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