ICE arrests another illegal alien outside Northampton County Prison, following county’s release and failure to honor immigration detainer

PHILADELPHIA – U.S. Immigration and Customs Enforcement arrested an illegal alien and Columbian citizen, Feb. 21, after Northampton County Prison refused to honor the ICE immigration detainer request to hold him in a secure location inside prison walls, but instead released the alien into the community.

“Failing to honor immigration detainers jeopardizes public safety and wastes taxpayer funding by forcing ICE to divert significant resources to locate and arrest criminal aliens in unpredictable, high-risk public settings,” said ICE Enforcement and Removal Operations Philadelphia acting Field Office Director Brian McShane. “I commend the prison and law enforcement officials in Northampton County for doing what they can to support ICE’s public safety mission, however they are hamstrung by an irresponsible and nonsensical executive order. This order endangers the public, our officers, and the criminal alien themselves. Instead of allowing the safe transfer of the criminal alien directly from local to federal law enforcement custody within the confines of a secure facility, the executive order forces prison staff to hold criminal aliens in their custody for an additional 48 hours, at the expense of Northampton County residents. At the end of the 48-hour period, the county simply releases the criminal alien to the street hoping ICE officials are there to rearrest the alien before they can evade ICE and potentially commit additional crimes.”

The U.S. Border Patrol encountered the alien after he illegally entered the United States in May 2022 near Rio Grande, Texas, without inspection from immigration officials. The Border Patrol arrested, processed, and charged the alien as removable and released him on his own recognizance. The Easton Police Department arrested the alien and charged him with simple assault and harassment Feb. 16.

ICE lodged an immigration detainer with the Northampton County Prison Feb. 18, requesting local officials both notify ICE as early as possible before they release a removable alien and hold the alien for up to 48 hours beyond the time they would ordinarily release him so ICE has time to assume custody in accordance with federal immigration law. Despite his criminal charges and the immigration detainer, the alien was allowed to post bail on Feb. 19 and was released from the prison on Feb. 21.

In another recent case, ICE was forced to arrest a criminal alien and suspected Tren de Aragua gang member Luis Gualdron-Gualdron, whose criminal history included indecent assault of a person less than 16 years of age and harassment, after Northampton County Prison was forced to release him into the community Jan. 31, despite an immigration detainer.

“This is an unnecessary recipe for disaster,” said McShane. “Northampton County executives have stated in the past that all ICE needs to do is obtain a judicial warrant. Congress has authorized ICE to issue arrest warrants and copies of these warrants are provided to the county when ICE lodges a detainer, however the Northampton County’s executive order erroneously attempts to invalidate the laws enacted by Congress, by requiring ICE obtain a different type of warrant which is not legally applicable to most aliens that ICE seeks to arrest. By placing this unattainable requirement, a requirement which is not part of the immigration laws enacted by Congress, Northampton County executives place politics over public safety. Despite these unnecessary hurdles, the men and women of ICE, and our federal law enforcement partners, continue to faithfully execute their sworn duties to protect both the residents of Northampton County and the homeland.”

Members of the public with information can report crimes or suspicious activity by dialing the ICE Tip Line at 866-DHS-2-ICE (866-347-2423) or completing the online tip form.

Read about ICE Philadelphia’s mission to increase public safety in our Pennsylvania, Delaware and West Virginia communities on X, @EROPhiladelphia.

Source: U.S. Immigration and Customs Enforcement (ICE.gov)