Immigration and Customs Enforcement, November 25, 2019

On Nov. 22, U.S. Immigration and Customs Enforcement (ICE) arrested an unlawfully present Guatemalan national after he was released from police custody, despite a detainer lodged against him for sexual abuse against children.

Ervin Urrutia-Sagastume was arrested by the Philadelphia Police Department Nov. 12 for sexual abuse against children, including photographing, videotaping, depicting on a computer or filming sexual acts, criminal use of a communication facility, and possession of an instrument of crime. That same day, ICE’s Philadelphia Enforcement and Removal Operations (ERO) lodged an immigration detainer on Urrutia, but local law enforcement released him onto the streets, without notifying ICE. It took a week for ICE to locate and apprehend this individual.

“These are dangerous criminals we are trying to keep off our streets,” said ICE Philadelphia Field Office Director Simona Flores-Lund. “Politics should not get in the way of safeguarding our communities, and most importantly, our children. We hope to work together with local law enforcement so that we can keep our city, and this nation, secure.”

This is not the first time that Philadelphia Police Department has released a criminal alien back onto the street without notifying ICE. By releasing a criminal with multiple offenses, they are putting their city at risk by letting this individual roam free to potentially harm others.

About Detainers

Under federal law, ICE has the authority to lodge immigration detainers with law enforcement partners who have custody of individuals arrested on criminal charges and who ICE has probable cause to believe are removable aliens. The detainer form asks the other law enforcement agency to notify ICE in advance of release and to maintain custody of the alien for a brief period of time so that ICE can take custody of that person in a safe and secure setting upon release from that agency’s custody. Yet, across the United States, several jurisdictions refuse to honor detainers and instead choose to willingly release criminal offenders back into their local communities where they are free to offend.

When law enforcement agencies fail to honor immigration detainers and release a criminal alien onto the streets, it negatively impacts public safety.

Sanctuary Policies Put Public Safety at Risk