Asheville's US attorney blasts sheriff's decision to release inmate despite ICE detainer

Jennifer Bowman , Mackenzie Wicker | Asheville Citizen Times

Show Caption Hide Caption U.S. Attorney Andrew Murray talks about sanctuary policies U.S. Attorney Andrew Murray wraps up his comments in a press conference on Buncombe County Sheriff Quentin Miller's refusal to detain people for ICE.

ASHEVILLE - Buncombe County Sheriff Quentin Miller's decision to release a man from jail without notifying federal immigration officials is dangerous to the community and his child victim, Asheville's top U.S. prosecutor said.

Andrew Murray, U.S. attorney for the Western District of North Carolina, held a press conference Oct. 30 at Asheville's federal courthouse, hours after Miller's office announced the release of 26-year-old Marvin Orlando Ramirez Torres.

More than two years after being held in Buncombe County jail, Torres was convicted Oct. 28 of indecent liberties with a minor. He was sentenced to 16-29 months for the felony, but received credit for time served by county Superior Court Judge Alan Thornburg, prompting Torres' release the next day.

That's despite a detainer request sent by U.S. Immigration and Customs Enforcement while Torres was in custody — as well as concerns raised by Democratic county District Attorney Todd Williams, who Murray said called him after the verdict in an effort to prevent Torres' release.

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"As U.S. attorney and previously as district attorney for Charlotte, I've witnessed firsthand the devastating impact that sanctuary policies can have on a community," Murray said. "I've seen how these policies destroy the lives of innocent victims and their families."

Torres was initially charged with four felony counts of statutory sex offense with a child. The victim was an 11-year-old girl; Torres was 23.

He is not allowed to contact the victim and is required to register as a sex offender for 30 years.

Torres now is in custody, U.S. Attorney's Office spokeswoman Lia Bantavani said.

In a news release, Williams' office said Torres "knew and exploited" the victim, who testified against him at the trial.

"The phrasing indecent liberties doesn't fully express the heinousness and sexual trauma inflicted on this child by Torres’ acts," Williams said in a statement. "I commend the professionals within our education, social services, medical, child advocacy, family justice, and law enforcement agencies for their work on behalf of this victim/survivor and their continued work to support the healing and recovery of the victim/survivor."

Murray spoke with Miller, DA

Murray said after speaking with Williams, he contacted Miller asking him to keep Torres in custody.

"The sheriff's response to me was, and I quote, 'Unless they come with a criminal warrant signed by a judge, we are not going to do it,'" Murray said.

"I specifically asked the sheriff, knowing this is a convicted child predator, if he was prepared to release this felon back into the community — to which he responded that his policy is known and has not changed."

Miller, a Democrat who was elected in November to succeed former Sheriff Van Duncan, does not honor ICE detainers. Such requests ask local agencies to provide at least 48 hours before the release of someone whom ICE has notified it wants custody of.

When he announced the policy change in February, Miller said his office will continue to comply with all applicable state and federal laws but "we do not make or enforce immigration laws."

Miller said he will continue to abide with criminal arrest warrants. Detainer requests are not valid warrants, he has said.

In an Oct. 30 statement, Miller's office said Torres was held in county jail for more than two years "with the full knowledge of" ICE, yet the agency failed to secure an arrest warrant. Thus, the sheriff's office said, "Torres met the conditions of his release set forth by the judicial system."

Most courts have ruled that detainer compliance is voluntary, and it is not required in North Carolina despite failed efforts to require sheriffs to honor the requests.

Like other sheriffs across the state who have chosen not to comply with ICE detainers, Miller has received widespread criticism that's caught national attention.

"If ICE is aware of an individual that they have determined to be a danger to the public safety of Buncombe County then ICE should obtain a warrant for their arrest," Miller said Oct. 30. "Once that warrant has been secured my deputies will work to apprehend that individual."

ICE: Sheriff asking 'for something that does not exist'

In an email to the Citizen Times, ICE spokesman Lindsay Williams said the kind of warrant Miller is waiting for isn't an option because it's only available under criminal law.

Immigration enforcement is conducted under civil law, and ICE can only issue administrative warrants along with the detainers, he said.

"The sheriff is asking for something that does not exist and cannot be provided, and he is refusing to honor the sole method that does exist under established federal law for ICE to obtain custody of an unlawfully present foreign national in local criminal custody," Williams said.

Murray said Torres has not faced criminal charges related to entering the U.S. illegally, "so it's only civil in nature." The detainer is the only mechanism ICE has, he argued.

"It's a tool in the toolbox," Murray said, referring to ICE detainers. "I think all law enforcement should use every tool in their toolbox in order to prevent harm to their community."

Murray was elected as a Republican when he served as Mecklenburg County's district attorney. He was confirmed as U.S. attorney in 2017 after being nominated by President Donald Trump.

Murray said he chose to speak out on a local sheriff's office because Miller's policy is "endangering lives."

He said he's not asking Buncombe to fully cooperate with ICE, nor asking the sheriff to participate in a 287(g) program, which allows local officials to enforce federal immigration laws. Murray said he's asking for Miller to call ICE ahead of such releases.

Murray claimed at his press conference that more than 500 people have been released as a result of sheriffs across the state not complying with ICE detainers.

"My job is to protect the public," Murray said. "I took an oath to do that and putting known criminals on the streets to re-offend, offends me."

Sheriff rejects 'sanctuary policy' accusation

U.S. Sen. Thom Tillis, R-N.C., criticized the sheriff's office, calling the ICE detainer stance a "sanctuary policy." He introduced legislation that his office says "would clarify the Department of Homeland Security's detainer authority" and "clearly establish the authority of states and localities to maintain custody in cases in which a detainer has been issued."

"This is yet another example of how reckless sanctuary policies are putting dangerous criminals back into our communities and impeding the ability of federal law enforcement to do their jobs," Tillis said in his Oct. 30 statement. "A handful of North Carolina sheriffs are providing sanctuary to murderers, rapists and child molesters instead of simply transferring them to ICE so they can be deported.

"It's a dereliction of their duty to keep North Carolinians safe."

Murray also described his press conference as a time to discuss "sanctuary policies" after the sheriff's "failure to honor federal ICE detainers."

Sheriff's spokesman Aaron Sarver said "it's factually incorrect" to refer to Miller's policy as a sanctuary policy.

Such policies are prohibited under state law, as counties cannot have a policy "that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law."