On Saturday, November 30, former Acting U.S. Immigration and Customs Enforcement Director Tom Homan declared that a Colorado sheriff’s department decision to let an illegal alien run loose was a “political” decision.

This same illegal alien is now accused of attempted murder and his release is viewed as a “searing indictment” against sanctuary city policies.

Osmani Garces-Ortiz, 37, was arrested in October for trespassing and drug charges in Arapahoe County according to authorities. ICE requested that the sheriff’s office give them a detainer on Garces-Ortiz after he posted bond.

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However, according to sheriff’s policy, they cannot hold inmates for extra time unless ICE is able to provide a warrant, which is based on state law.

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No less than a month after his release, Garces-Ortiz was arrested for attempted murder in a case where he stabbed a victim, according to a report from USA Today.

Homan, who made an appearance on “Fox & Friends: Weekend”, claims that the crime could have been prevented if ICE had the ability to take the suspect into custody.

“Sanctuary city policies [are] just ridiculous,” he asserted. “Here’s a person who was in the custody of local officials because he was arrested for a crime, so they chose to lock him up and put him in a jail cell, and ICE notified them: ‘We want him before you release him.’ And, it didn’t happen. They didn’t honor a detainer.”

“And I’ve read the story,” he stated. “They were saying, ‘Well, there’s a legal issue.’ There is no legal issue. The detainer’s honored by most law enforcement agencies across the country. This is a political decision — not a legal decision.”

Garces-Ortiz, is a Cuban nation national who illegally entered the U.S. in 2008 by boat near Key West, Florida, according to ICE officials. He has a track record of encounters with immigration officials and was denied permanent residence in the U.S. due to his criminal history.

ICE Denver released a statement last Friday stating that they were advised of Garces-Ortiz’s imminent release. However, ICE Denver stated, “a notification that an alien is about to be released to the lobby is not a functional way to ensure transfer of custody.”

Chief Vince Lane recounted how the sheriff’s office notified ICE that Garces-Ortiz would be released and that “at the time of the inmate’s release from custody a legal reason to continue to hold the inmate did not exist.”

Homan declared that “this isn’t new for them [Arapahoe County] and he added, “They’ve been a sanctuary jurisdiction for a long time, along with most of Colorado.”

“The most recent decision legal on the detainer is out of the Fifth Circuit [U.S. Court of Appeals], and it says detainers are constitutional,” Homan informed the “Friends: Weekend” hosts.

Homan stated that the Arapahoe County Sheriff’s Department’s decision to let Garces-Ortiz go was based on a previous detainer which “didn’t clearly show that they had probable cause to make the arrest.”

“The new detainer, [which] has been in place for three years now, has that probable cause statement in the detainer, which makes it a legal document,” he commented.

“So again, they have their own attorneys. Their attorneys can certainly look at the Immigration Nationality Act to see detainers are the tool established by Congress within the federal law to take custody of [illegal] aliens within 48 hours,” Homan stated.

This case demonstrates the many dangers of America’s mass migration policies.

Mass migration poses a legitimate danger to public security and even strains the American government’s capabilities in providing safety.

Unless it wants more cases like these to occur, Congress must act now.

Many American lives could be saved simply by restoring sovereignty at the borders and overhauling the U.S’s migration system.

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