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WASHINGTON – Today, officers from the U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) Washington field office arrested Luis Fredy Hernandez Morales, 48, at his residence in Springfield, Va. Hernandez was charged on Nov. 5 by the Montgomery County District Court with sexual abuse of a minor.
Hernandez was released by Montgomery County Detention Center (MCDC) despite a detainer lodged by immigration officials on Nov. 5. The detainer was not honored, and Hernandez was released on bond on Nov. 6.
Communities - Acts - Offenders - Support - Law
“We are committed to protecting our communities from the depraved acts of offenders with or without the support of local law enforcement agencies, but this case shows how the noncooperation policies of one jurisdiction can have serious public safety impacts on its neighbors” said Washington Field Office Director Russell Hott.
This arrest is the latest in a continuing list of public safety threats Montgomery County, MD has released into the community rather than allow a lawful transfer into ICE custody.
Immigration - Nationality - Act - Congress - ICE
Under the Immigration and Nationality Act as passed by Congress, ICE detainers, removal orders issued by federal immigration judges, and ICE immigration enforcement in general, is conducted under civil law. The “judicial warrant” demanded by advocacy groups applies to criminal cases and does not exist for civil law matters.
However, for every detainer ICE issues the agency also provides an accompanying administrative warrant, or a warrant of removal along with the detainer, which is the warrant that does exist for matters governed under civil law.
Law - ICE
Under federal law, ICE has the...
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