What is an ICE detainer and why did California refuse to honor it in this case?

An ICE detainer is a nonbinding request from Immigration and Customs Enforcement (ICE) asking a state or local law enforcement agency to hold an individual for up to 48 hours beyond their scheduled release so ICE can take custody for immigration proceedings. California refused to honor the ICE detainer because the state has policies limiting cooperation with federal immigration authorities, prioritizing the individual's state criminal prosecution over immediate immigration enforcement.

What are the legal consequences for Hector Balderas-Aheelor after California refused the ICE detainer?

By refusing the ICE detainer, California ensures that Balderas-Aheelor will face state criminal charges for the hit-and-run before any federal immigration action. He will remain in state custody to answer for the felony charges, and any immigration proceedings will be delayed until after the criminal case is resolved.

How do sanctuary policies like California's affect ICE detainers?

Sanctuary policies, such as those in California, restrict state and local law enforcement from honoring ICE detainers, meaning they will not hold individuals beyond their scheduled release for immigration authorities. This limits ICE's ability to take custody of individuals directly from local jails and prioritizes state criminal justice processes.

What recent changes have affected ICE's ability to issue detainers nationwide?

A recent class-action settlement, Gonzalez v. ICE, requires ICE to stop issuing detainers that ask local agencies to hold individuals for immigration purposes unless a neutral review process is established. Starting March 4, 2025, ICE can only request notification of release, not continued detention, in most of the United States.

Can ICE still take custody of Balderas-Aheelor after his state criminal case is resolved?

Yes, ICE can seek custody of Balderas-Aheelor after his state criminal case is resolved if he remains subject to immigration enforcement. The refusal of the detainer only delays ICE's involvement until the state criminal proceedings are completed.

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21d ago

Illegal Immigrant Charged in Fatal Hit-and-Run of 11-Year-Old, California Refuses ICE Detainer

Hector Balderas-Aheelor, an illegal immigrant, was arrested and charged with felony hit-and-run after allegedly killing 11-year-old Aiden Antonio Torres De Paz, with California refusing an ICE detainer.

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Overview

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Hector Balderas-Aheelor, identified as an illegal immigrant, has been arrested and charged with felony hit-and-run causing death or injury in California.

The charges stem from an incident where Balderas-Aheelor allegedly killed 11-year-old Aiden Antonio Torres De Paz in a hit-and-run.

Following his arrest, immigration authorities issued an ICE detainer for Balderas-Aheelor, requesting his transfer for immigration proceedings.

Authorities in California, however, refused to honor the ICE detainer, allowing Balderas-Aheelor to remain in state custody for the criminal charges.

The refusal of the ICE detainer by California authorities means Balderas-Aheelor will face state criminal proceedings before any potential federal immigration action.

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: An ICE detainer is a nonbinding request from Immigration and Customs Enforcement (ICE) asking a state or local law enforcement agency to hold an individual for up to 48 hours beyond their scheduled release so ICE can take custody for immigration proceedings. California refused to honor the ICE detainer because the state has policies limiting cooperation with federal immigration authorities, prioritizing the individual's state criminal prosecution over immediate immigration enforcement.
Sources:
American Immigration Council
: By refusing the ICE detainer, California ensures that Balderas-Aheelor will face state criminal charges for the hit-and-run before any federal immigration action. He will remain in state custody to answer for the felony charges, and any immigration proceedings will be delayed until after the criminal case is resolved.
Sources:
CalMatters
: Sanctuary policies, such as those in California, restrict state and local law enforcement from honoring ICE detainers, meaning they will not hold individuals beyond their scheduled release for immigration authorities. This limits ICE's ability to take custody of individuals directly from local jails and prioritizes state criminal justice processes.
Sources:
American Immigration Council
: A recent class-action settlement, Gonzalez v. ICE, requires ICE to stop issuing detainers that ask local agencies to hold individuals for immigration purposes unless a neutral review process is established. Starting March 4, 2025, ICE can only request notification of release, not continued detention, in most of the United States.
Sources:
Immigrant Justice
: Yes, ICE can seek custody of Balderas-Aheelor after his state criminal case is resolved if he remains subject to immigration enforcement. The refusal of the detainer only delays ICE's involvement until the state criminal proceedings are completed.
Sources:
California Department of Corrections and Rehabilitation

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