Statement from the Office of Governor Dan McKee Concerning The ICE Detainer Issue

Published on Thursday, February 22, 2024

PROVIDENCE, RI -- Today, the Office of Governor Dan McKee issued the following statement concerning the ICE detainer issue: 

"In a recent WPRI story, the Attorney General and Immigration and Customs Enforcement (ICE) criticize the Department of Corrections (DOC) and the Rhode Island Division of Sheriffs for “ignoring” an ICE request to detain Manuel Garcia Dela Cruz, a man accused of child molestation.  The Attorney General asserts that Garcia Dela Cruz’s release “should not have happened and there should be a review by the DOC and [the Sheriffs] of why it did.” WPRI.com, Neronha, ICE Slam Release of Molestation Suspect (February 20, 2024).

The Governor reviewed ICE’s accusation with DOC and the Sheriffs and has found it to be false.  Far from “ignoring” ICE’s detainer, the Division of Sheriffs notified ICE on April 26, 2023, that Mr. Garcia Dela Cruz had posted bail and would soon be released by the Rhode Island District Court.  The responding ICE agent said that ICE was short staffed and would not be able to pick up Mr. Garcia Dela Cruz.  The Sheriffs’ Division had no choice but to honor the Court’s bail order and release Mr. Garcia Dela Cruz from its custody.  

Attorney General Neronha should be well aware of Morales v. Chadbourne, a 2014 federal court decision which held that Rhode Island cannot hold a person in custody based upon an ICE detainer alone; to do so could violate the Fourth and Fifth Amendments to the United States Constitution and expose the State to liability.  Indeed, the Attorney General’s Office defended the DOC in the Morales case and the Attorney General’s Office helped craft the State’s ICE detainer policy to comply with the Court’s decision in Morales. Peter Neronha was the U.S. Attorney at the time of the Morales decision and the Department of Justice defended the individual ICE officials implicated in the lawsuit.  As such, Attorney General Neronha was undoubtedly aware of the decision’s impact on federal and state law enforcement.     

Attorney General Neronha’s comments were unfounded.  They gave the false impression that Mr. Garcia Dela Cruz’s release was as a result of some act or omission on the part of either DOC or the Division of Sheriffs, rather than as a result of Constitutional constraints and ICE staffing problems.  It should be noted that the Attorney General’s professional responsibilities include being the legal advisor to the Rhode Island State Police and the Division of Sheriffs, and he has an ethical obligation to the DOC as its counsel in the Morales case.

The Governor and Division of Sheriffs are gratified that ICE has resolved its staffing issues and was able to take Mr. Garcia Dela Cruz into custody over the weekend."

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