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Staci A. Barrera Executive Associate Director, Management and Administration | U.S. Immigration And Customs Enforcement

ICE criticizes Northampton County's release of detained immigrant

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U.S. Immigration and Customs Enforcement (ICE) has apprehended a Colombian citizen after Northampton County Prison released him, despite an ICE immigration detainer request. The arrest occurred on February 21, following the prison's decision not to hold the individual in a secure location.

Brian McShane, acting Field Office Director for ICE Enforcement and Removal Operations in Philadelphia, expressed concerns over the situation: “Failing to honor immigration detainers jeopardizes public safety and wastes taxpayer funding by forcing ICE to divert significant resources to locate and arrest criminal aliens in unpredictable, high-risk public settings.” He commended local officials for their efforts but criticized an executive order that he claims endangers public safety by requiring prison staff to release individuals after 48 hours if ICE cannot assume custody.

The alien had previously entered the United States illegally in May 2022 near Rio Grande, Texas. After being processed by U.S. Border Patrol, he was released on his own recognizance. On February 16, Easton Police Department arrested him for simple assault and harassment charges.

Despite these charges and an immigration detainer lodged by ICE on February 18, the individual posted bail on February 19 and was released from Northampton County Prison two days later.

In another case mentioned by McShane, Luis Gualdron-Gualdron—a suspected member of the Tren de Aragua gang—was released into the community on January 31 despite having an immigration detainer against him. His criminal history includes indecent assault of a minor and harassment.

McShane criticized Northampton County executives for requiring judicial warrants that are not applicable under current federal laws: “Northampton County executives place politics over public safety,” he said. He emphasized that Congress has authorized ICE to issue arrest warrants which are provided when lodging a detainer.

The public is encouraged to report crimes or suspicious activities via the ICE Tip Line at 866-DHS-2-ICE or through their online tip form.

Further information about ICE Philadelphia’s mission can be found on X @EROPhiladelphia.

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