The refuge city released the illegal immigrant, on the same day he tried to kill a man

On Wednesday, Immigration and Customs officials (ICE) criticized Colorado's law prohibiting local prisons from detaining illegal offenders after the court has set a deadline, even if the ICE asks for additional detention. As an example, the agency cited the case of a Cuban illegal immigrant accused of attempted murder, which he committed after his release from Arpaho County prison in October 2019, writes Denver Post.

Photo: Twitter / @ICE

But Arapaho County Sheriff's officials say that such a policy has been in force in their city since 2014. According to them, they notified ICE three hours before the release of Osmani Garces-Ortiz on bail.

According to the ICE Denver Field Office, 37-year-old Garces-Ortiz is in the United States illegally and has been denied permanent residence due to a criminal past. Now he is charged with trying to kill a man.

ICE officials claim that Garces-Ortiz was able to commit an additional crime due to the “city of refuge” law, which prohibited the Arapaho County Sheriff’s office from holding the illegal until ICE agents arrived.

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“Arapajo County was not required to notify the ICE of the release of Garces in accordance with the recently passed law,” said ICE spokeswoman Aletia Smok.

But the Arapaho County Sheriff’s office claims to have notified the agency of the illegal detention. The sheriff’s office warned ICE of the impending release of the illegal in 15: 27, while the man was released from custody in 18: 27.

“We gave them plenty of time to get here,” the spokesman said.

Detained Detained Illegals for ICE

Federal regulations state that local prisons can hold illegal immigrants for an additional 48 hours after their planned release. Usually this time is enough for the ICE to decide whether to detain an illegal immigrant for further deportation or to allow him to be released.

This practice caused controversy and was inconsistently applied in the sheriff’s offices in Colorado. Opponents called such detentions unconstitutional and successfully challenged them in court. ICE officials have called collaboration between federal, state, and local law enforcement agencies critical to public safety and essential to the agency’s mission.

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In Arapaho County, according to the sheriff’s office, any requests for administrative detention from ICE are noted in the prisoner's file. Before the person is scheduled to be released, prison staff notifies the ICE, and agents can arrest him in the prison lobby. This practice has been in force for the past five years.

Arrest for attempted murder

Aurora police arrested Garces-Ortiz on November 21 on suspicion of attempted murder, first-degree assault with serious bodily harm, first-degree burglary, breach of a security bond, and violent crime of using a weapon.

Garces-Ortiz was first arrested in September. He illegally entered the United States on 31 on March 2008 of the year through Key West, Florida. He was detained, but released pending trial. Although he applied for permanent residence in the United States, his request was rejected on 21 on August 2015. Since then, he was in the United States illegally.

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