ICE Statement

ICE RESPONSE:

On April 28, officers with U.S. Immigration and Customs Enforcement (ICE) encountered Alvaro-Tirzo Sauceda-Malgon, 39, from Mexico, while he was exiting a Denver courthouse.  He was arrested as an immigration fugitive since Sauceda-Malgon received final orders of deportation from a federal immigration judge in 2012.  He has two misdemeanor convictions.  He remains in ICE custody pending removal proceedings.

On May 5, ICE officers encountered Antonio Garcia, 45, from Mexico, while he was exiting a Denver courthouse. Garcia has two convictions for driving under the influence (DUI), and he has pleaded guilty to two additional charges since January 2017.  He remains in ICE custody pending removal proceedings.

BACKGROUND INFORMATION: 

U.S. Immigration and Customs Enforcement (ICE) deportation officers carry out targeted enforcement actions every day in locations around the country as part of the agency's mission to protect public safety, border security, and the integrity of the nation's immigration system. ICE also periodically conducts expanded enforcement actions as operational needs demand. The agency's pursuit of criminal aliens is motivated solely by our commitment to promote public safety.

COURTHOUSE ARRESTS

Current ICE guidance directs agency personnel to avoid conducting enforcement activities at sensitive locations unless they have prior approval from an appropriate supervisory official or in the event of exigent circumstances. The locations specified in the guidance include schools, places of worship and hospitals. Under this ICE policy, courthouses are not considered sensitive locations.  ICE arrests targets at courthouses, such as the following:

• Many of the arrest targets ICE has sought out at or near courthouses are foreign nationals who have prior criminal convictions in the U.S. In years past, most of these individuals would have been turned over to ICE by local authorities upon their release from jail based on ICE detainers.
• When criminal custody transfers occur inside the secure confines of a jail or prison, it's far safer for everyone involved, including our officers and the person being arrested.
• Now that some law enforcement agencies no longer honor ICE detainers, these individuals, who often have significant criminal histories, are released onto the street, presenting a potential public safety threat. When ICE Fugitive Operations officers have to proactively search for these criminal aliens, regardless of the precautions they take, it needlessly puts our personnel and potentially innocent bystanders in harm's way.
• Moreover, tracking down our priority fugitives is highly resource-intensive. It's not uncommon for our criminal alien targets to utilize multiple aliases and provide authorities with false addresses. Many do not have a stable place of employment.
• Absent a viable address for a residence or place of employment, a courthouse may afford the most likely opportunity to locate a target and take him or her into custody.
• Additionally, because courthouse visitors are typically screened upon entry to search for weapons and other contraband, the safety risks for the arresting officers and for the arrestee are substantially diminished.
• In such instances where deportation officers seek to conduct an arrest at a courthouse, every effort is made to take the person into custody in a secure area, out of public view, but this is not always possible.

 SENSITIVE LOCATIONS

Current ICE policy directs agency personnel to avoid conducting enforcement activities at sensitive locations unless they have prior approval from an appropriate supervisory official or in the event of exigent circumstances – see link. The locations specified in the guidance include schools, places of worship, and hospitals.