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THE DAILY ASTORIAN • MONDAY, MARCH 26, 2018
ICE: Sheriff’s offices hesitant to detain people based on immigration status
Continued from Page 1A
Cutrell, who also said the Clat-
sop County Sheriff’s Office
did not alert the agency of his
most recent arrest.
“Hours after his release,
ICE deportation officers
received information from
federal databases about his
prior immigration history
and his most recent arrest.
From there, they conducted
an online review of jail and
court records and determined
that Lopez-Fabian did not
have lawful status in the coun-
try, and subsequently, targeted
him for immigration enforce-
ment.” Cutrell said in an email.
“ICE focuses its enforcement
THE DAILY
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‘ICE puts out a blanket statement every
time they do these things because they
want to cover their butts. Believe me, we
want to hold these guys.’
Sheriff Tom Bergin
resources on individuals who
pose a threat to national secu-
rity, public safety and border
security.”
Sheriff Tom Bergin said
the timing and coordination
of Fabian’s initial arrest and
release did not allow for his
office to notify the agency.
“He posted bail, so there’s
not much we can do unless ICE
notifies us, which it didn’t,”
Bergin said. “ICE puts out a
blanket statement every time
they do these things because
they want to cover their butts.
Believe me, we want to hold
these guys.”
The federal agency criti-
cized the county last year for
not adhering to its requests to
detain undocumented immi-
grants. Bergin pointed to a
U.S. District Court case in
Portland in which a judge
ruled in favor of a woman
detained by ICE at a Clack-
amas County jail, claiming
the Fourth Amendment pro-
tected her against unreason-
able search and seizure.
The federal court ruling
made sheriff’s offices hesi-
tant to detain people based on
immigration status.
The federal agency often
does not seek a warrant for an
immigration violator signed
by a judge, relying instead on
a warrant signed by one of its
own agents. Bergin suggested
that his office would be on
steadier constitutional grounds
to detain people like Fabian if
the agency obtained judicial
warrants.
“All the federal govern-
ment has to do is change one
tiny little thing,” Bergin said.
“I think the current admin-
istration is looking at doing
that.”
In the meantime, lawmak-
ers — including U.S. Rep.
SCHEDULE
Suzanne Bonamici, D-Oregon
— have proposed legislation
that would deter immigration
arrests at courthouses, schools
and health clinics.
Some criminal justice offi-
cials have suggested the prac-
tice discourages immigrants
from appearing in court either
as witnesses or defendants.
Bergin disagrees.
“I don’t have a problem
with it. We’re worried about
the actual criminals that are
causing problems and doing
harm to our citizens,” Ber-
gin said. “If they’re a wanted
criminal, they’re not going
to show up anyway. I don’t
think it affects it one way or
another.”
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