King County Executive Dow Constantine released a statement affirming his commitment to the Constitution as ICE ramps up a media strategy aimed at intimidating welcoming communities.
On Oct. 8, 2019, the King County Executive’s Office received a media inquiry from the Washington Times, a daily newspaper in Washington, DC.
The Washington Times reporter said he was working on a story about a killing in Bellevue. He stated: “ICE says one of the suspects, Carlos Daniel Carillo-Lopez, is an illegal immigrant from Guatemala who’d been arrested at least four times by police in King County over a four-month period, and each time authorities defied ICE detainer requests. One arrest was before the gang murder, one came a day after it, and two more followed.”
This was incorrect.
CASE FACTS & TIMELINE
April 3: Police responded to the shooting death of an 18-year-man in a Bellevue park. Mr. Carillo-Lopez was the primary suspect. There was no arrest, and therefore no ICE civil Immigration Detainer. These are written requests to hold an individual an additional 48 hours after their release date. They can be filed without due process, pending charges, or probable cause.
June 9: Mr. Carillo-Lopez was arrested for a robbery in Bellevue. The King County Prosecuting Attorney’s Office filed charges and requested bail of $50,000. King County Superior Court authorized bail in the amount of $25,000. Mr. Carillo-Lopez posted bond shortly after the charges were filed and was released.
While Mr. Carillo-Lopez was in custody, the Department of Adult and Juvenile Detention (DAJD) received an ICE civil Immigration Detainer to hold him.
King County law on civil Immigration Detainers is clear and well-known to the agency.
DAJD complies when a King County district or superior court judge orders an inmate released from detention. At the same time, DAJD will detain an individual who has otherwise been ordered released if there is a signed warrant issued by a U.S. District Court Judge or magistrate.
September 22: Mr. Carillo-Lopez committed another robbery in Bellevue.
September 30: Bellevue police arrested Mr. Carillo-Lopez for the September 22 robbery and the April murder.
Mr. Carillo-Lopez remains in custody in the King County Jail, with bail set at $2,150,000. ICE faxed another civil Immigration Detainer on Oct. 1 to hold him, but did not provide King County with a signed warrant issued by a U.S. District Court judge or magistrate.
This was not the first instance of ICE alerting media to stories involving civil Immigration Detainers.
On Oct. 1, the Executive’s Office received an inquiry from KIRO-FM saying that they had “received a tip” that the suspect in a stabbing on Link light rail was an illegal immigrant. The reporter stated: “ICE confirmed this, and says that several requests by ICE to detain him had been ignored.”
This was incorrect. Prior to the suspect’s booking on Sept. 16, DAJD had never received an ICE civil Immigration Detainer against this individual. He remains in custody.
Seeking to sow fear and division for political gain, the Trump Administration and ICE has focused on crimes committed by immigrants, despite a number of studies that show no correlation between either documented or undocumented immigrants and crime. The criminal justice system in King County weighs many factors in determining whether an individual remains in custody or is released. Immigration status is not among them.
“ICE is now on a public relations offensive against jurisdictions that follow the rule of law, alerting the media to instances when agents send civil Immigration Detainers that are prohibited by county policy,” said Executive Constantine.
“ICE is fully aware that if they present a valid criminal warrant issued by a U.S. District Court Judge or Magistrate, the county would comply. To be clear, we do not hold people against their will in our detention facilities unless ordered to do so by a judge. We will continue to honor the Constitution, rather than the extrajudicial orders of any person, including the President.”
ICE is now on a public relations offensive against jurisdictions that follow the rule of law, alerting the media to instances when agents send civil Immigration Detainers that are prohibited by county policy. ICE is fully aware that if they present a valid criminal warrant issued by a U.S. District Court Judge or Magistrate, the county would comply. To be clear, we do not hold people against their will in our detention facilities unless ordered to do so by a judge. We will continue to honor the Constitution, rather than the extrajudicial orders of any person, including the President.
For more information, contact:
Alex Fryer, Executive Office, 206-477-7966