ICE and Northampton County still at odds over cooperation in migrant arrests

EASTON, Pa. — U.S. Immigration and Customs Enforcement is accusing Northampton County Prison of not honoring an immigration detainer in Friday's apprehension of an inmate said to be in the country without authorization.

ICE said in a release on its website that the prison “released the alien into the community.”

Nine federal agents outside the jail immediately apprehended the Colombian national, who was not identified by authorities.

According the ICE release, the U.S. Border Patrol first encountered the man when he allegedly entered the country illegally near Rio Grande, Texas, in May 2022 “without inspection from immigration officials.”

The man was arrested, processed and charged as removable, only to be released on his own recognizance, the release says.

Easton Police Department arrested and charged him with simple assault and harassment on Feb. 16, authorities said.

According to ICE, the federal agency lodged an immigration detainer with Northampton County Prison on Feb. 18.

It said it requested local officials notify ICE as early as possible before his release and to “hold the alien for up to 48 hours beyond the time they would ordinarily release him so ICE has time to assume custody in accordance with federal law.”

“Despite his criminal charges and the immigration detainer, the alien was allowed to post bail on Feb. 19 and was released from the prison on Feb. 21,” the ICE release states.

'Endangers the public'

The man was released at 10 a.m. Friday, and immediately apprehended, cuffed and taken to a minivan for transport after he walked out of the jail.

Northampton County has a policy of not allowing federal agents to arrest someone inside the prison without a judicial warrant.

Under the five-year-old policy enacted by County Executive Lamont McClure, the county does not accept ICE-issued detainers for migrants as valid unless accompanied by signed judicial warrants.

Failing to honor immigration detainers “jeopardizes public safety and wastes taxpayer funding," ICE Enforcement and Removal Operations Philadelphia Acting Field Office Director Brian McShane said.

It forces "ICE to divert significant resources to locate and arrest criminal aliens in unpredictable, high-risk public settings.

“I commend the prison and law enforcement officials in Northampton County for doing what they can to support ICE’s public safety mission, however they are hamstrung by an irresponsible and nonsensical executive order."

McShane said, “This order endangers the public, our officers and the criminal alien themselves.

"Instead of allowing the safe transfer of the criminal alien directly from local to federal law enforcement custody within the confines of a secure facility, the executive order forces prison staff to hold criminal aliens in their custody for an additional 48 hours, at the expense of Northampton County residents.

"At the end of the 48-hour period, the county simply releases the criminal alien to the street hoping ICE officials are there to rearrest the alien before they can evade ICE and potentially commit additional crimes.”

'ICE is lying about that, too'

McClure has been critical of ICE’s and the Department of Homeland Security’s conduct — including what he called the “spectacle” of the arrest.

In response to ICE’s release detailing Friday's arrest, McClure said the man had not been released “into the street, hoping ICE officials are there to rearrest the alien before they can evade ICE and potentially commit additional crimes.”

“That is a lie, and ICE knows it's a lie because they have the emails between Northampton County Prison and themselves, which indicate when the person is going to be released, the date and exact time," McClure said.

"Now this release, in reference to Friday's arrest outside of the prison, it's immediately outside of the prison — the community was never in danger, and ICE is lying about that too.”

ICE’s statement also touched on the case of Luis Gualdron-Gualdron, a suspected Venezuelan gang member “whose criminal history included indecent assault of a person less than 16 years of age and harassment.”

Gualdron-Gualdron was released from Northampton County Prison on Jan. 31, and immediately arrested by federal agents.

'Protect the residents'

ICE officials, as well as new U.S. Rep. Ryan Mackenzie, called out Northampton County for not cooperating with ICE over the matter.

McClure defended the county’s conduct in that instance, as well, and said Gualdron-Gualdron’s release was done according to law.

Earlier this month, Mackenzie criticized the Northampton County policy from the U.S. House floor. The Morning Call reported the congressman originally planned to be present for Friday's arrest outside the prison, but was unable to attend.

McShane described requiring the arrests to occur outside as an “unnecessary recipe for disaster.”

Ultimately, McShane said, the county’s executive order “erroneously attempts to invalidate the laws enacted by Congress,” requiring ICE to procure a warrant “which is not legally applicable to most aliens that ICE seeks to arrest.”

“By placing this unattainable requirement, a requirement which is not part of the immigration laws enacted by Congress, Northampton County executives place politics over public safety," he said.

"Despite these unnecessary hurdles, the men and women of ICE, and our federal law enforcement partners, continue to faithfully execute their sworn duties to protect both the residents of Northampton County and the homeland.”

'Not politicizing this'

McClure said he believes those here without authorization who have committed crimes should be deported, though it's his responsibility to address the interests of community safety, the U.S. Constitution and the state constitution.

“ICE isn’t just about doing their job: They’re politicizing their job, and you can see the coordination in the politicization with Mackenzie and ICE, and that’s fine,” McClure said.

“We’re going to continue to protect the community and abide by the rule of law. ICE and Mackenzie can continue to make demonstrations for political purposes.

"We’re in the county, not politicizing this. I’m protecting taxpayers from multimillion-dollar lawsuits, and keeping the community safe.”