DEDICATED TO PUBLIC SAFEIY

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September
4rh,20ts

JohnGilmore
64 DelosStreetWest
S t .Pa u lM
, N 5 51 0 7

Re: Data Request

I write in responseto your requestmadeto the HennepinCountySheriffs OfficedatedAugust L2,
201'5. In particular you made the following requests,and we provide the following response:
t. "The number of ICE detainer requestsmade to the Hennepin County Sheriff s Office,the
number honoredand the number not honoredfrom JanuaryL,2014 to the presentday."
R ESPONS E :
As of July 2,201,5thg U.S.ImmigrationCustoms& EnforcementMinnesotaOfficeno longer
issuesDetainer RequestsfForm l-247D). In 2013 and20L4, severalfederal court
challengeswere brought by inmatesdetainedby locallaw enforcementagencies.ICE's
practice of requesting a detainer hold from local law enforcementhas been reviewed and
the decisionshave changedthe legallandscape.The courtshave held that a detaineris not
mandatory,and ICEchangedits interpretation of the detainer to acknowledgethat Form I247D is not a mandatebut a request.
For local law enforcement,detaining any inmate after criminal chargeshave been settled,
dismissedandfor beyondthe end of the period for a probablecausehold,with no criminal
chargespending,is a violation of the inmate's constitutional rights. See,e.g.,Galarzav.
Szalczyk,T45 F.3d 634 (3'a Cir.201,4).ln Galarza.the plaintiff [a U.S.Citizen)prevailed in a
Section1983 claim againstLehigh County Pennsylvaniaafter he was held for more than 48
hours without probablecauseon suspicionof immigrationviolations;he was held pursuant
only to an immigrationdetainerrequest. The Courtheld the Tenth Amendmentprohibits
federal immigration officialsfrom ordering state and local officialsto imprison persons of
interest to federal officials,and concludedthat an immigration detainer is voluntary. The
Countywas subjectto liability for the violation of Galarza'sconstitutional rights.

*1
ln Miranda-)livares
v. Clackamas
CounQt,201,4WLI4t4305
[D.Or.,April 201,4),the
Courtfoundthat the Clackamas
CountySheriffviolatedMs.Miranda-0livares'
Fourth

Amendment rights by holding her for 19 hours after her casewas settled,to allow federal
agentsto investigateher residencystatus.

Accordingly,without a federal court order or warrant, and absent other criminal charges,
local law enforcementby law must releasesuch an inmate. In the period in your inquiry,
the Hennepin County Sheriffs Officereceived
January1,201,4through August 31,,201.5,
455 detainer requests,and honored all of them for inmates that had criminal charges
pending or a valid probable causehold; during that same period, the Sheriff s Office
receivedzero [0J federal warrants and zero [0) federal court orders from ICE or regarding
an allegedimmigrationviolation.l
Nonetheless,the Sheriffs Office,when notified by ICEthat an inmate in our custody
potentially is subjectto removal and/or immigration enforcementproceedings,with
receipt of either the now out-of-use"Detainer - Requestfor Voluntary Action" Form I247D, or Form l-247N "Requestfor Voluntary Notification of Releaseof SuspectedPriority
Alien," the Hennepin County Sheriffs OfficeadvisesICE immediately of the impending
releaseof an inmate, with up to 48 hours' notice,or at least same-daynotice to facilitate
ICEaction

2 . "ln addition, pleaseprovide any statisticsabout whether those in custody at the time of
refusal of an ICEdetainer request subsequentlywent on to commit crimes of any kind."
RESPONS E :
The Sheriff s Officedoes not maintain records or statisticsresponsiveto this request,we
recommendyou contactthe U.S.Immigration Customs& EnforcementMinnesota Officeat
1 FederalDrive,Suite1640,Fort Snelling,Minnesota55111.

3 . "Finally,for the same time period above,pleaseprovide the number of individuals not
lawfully in the country regardlessof the terminology used to describethem, i.e.,
undocumentedimmigrants, illegal aliens,migrants etc."
R ESPONS E :
The Sheriffs Officedoes not maintain records or statisticsresponsiveto this request.
Every inmate is fingerprinted at the time of booking; fingerprints are forwarded to the FBI
1 U nderf eder alla w ,i m m i g ra ti o no ffi c e rsma y a rr estand detai nan al i en" pendi nga deci si onon w hetherthe al i enis t o be
re m ov edf r om t he U n i te dSta te s "i f a " w a rra n ti s i ssuedby the A ttorneyGeneral ,"8 U .S .CS. ecti on1226(a).

and subsequentlyforwarded by the FBI to ICEto check againstimmigration databases.

Local law enforcementagencieslike the Hennepin County Sheriff s Officedo not have
independentaccessto this information. Accordingly,we recommendyou contact the U.S.
Immigration Customs& EnforcementMinnesotaOfficeat 1 FederalDrive, Suite 1640, Fort
Snelling,Minnesota55111.
Pleaselet me know if you would like additional information.
Sincerely,

ru4/tr-l
Carrie L. Hill
Officeof Sheriff RichardW. Stanek
Hennepin County Sheriff s Office
350 South 5th Street Rm. 6
Mi nn e a p o lis,MN. 55415
6t2-348-559L
Carrie.Hill@hennepin.us