After Maricopa County Attorney Bill Montgomery told Maricopa County Sheriff Paul Penzone to stop the practice of “courtesy holds,” ICE stopped picking up suspected illegal immigrants from local jails. Since then, 33 detainees on ‘immigration holds’ have been freed from Maricopa County jails, according to the Arizona Republic.
Montgomery issued a statement announcing that the Maricopa County Sheriff’s Office will no longer detain County jail inmates facing a civil immigration detainer beyond the period of time for detention authorized under Arizona State law. In other words, the County will no longer cooperate with federal agents, and may be putting them at risk.
The Maricopa County Attorney’s Office (MCAO), which serves Maricopa County officials as their legal advisor.
The Maricopa County Attorney’s Office is basing their decision on the case of Mercado v. Dallas County, Texas. The Mercado case concluded that county officials without federal 287(g) authority may not rely on a civil immigration detainer to maintain custody of an individual beyond the time reasonably necessary for county officials to administrate and execute a state release order under state law.
Cronkite News reports that a “DHS memorandum mandates that ICE and Customs and Border Protection engage in 287(g) agreements with “all willing and qualified law enforcement jurisdictions that meet all program requirements,” but “Montgomery said he doesn’t see Maricopa County’s 287(g) program coming back anytime soon.”
Maricopa County detention officials are not prevented from notifying ICE of a pending release. They can transfer custody at or within the timeframe of releasing an individual from state-based detention; however ICE officials say that Maricopa County has given the time to do so.
“Jails would previously hold individuals who had been ordered by the state to be released for an additional 24-48 hours so ICE had the opportunity to pick them up and investigate their immigration status,” according to Cronkite News.