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    Penzone Letter To DHS

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    Jimmy Jenkins
    The sheriff of Maricopa County wrote a letter to the Secretary of Homeland Security to inform him that his office had stopped honoring ICE detainer requests based on legal advice. He explained that many counties cannot enforce courtesy holds due to their illegality. He called on the federal government to provide clear guidance, support, and resources to local law enforcement on immigration enforcement to resolve the issue and accomplish public safety goals in a responsible, ethical, and legal manner.

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    Penzone Letter To DHS

    Uploaded by

    Jimmy Jenkins
    198 views2 pages
    The sheriff of Maricopa County wrote a letter to the Secretary of Homeland Security to inform him that his office had stopped honoring ICE detainer requests based on legal advice. He explained that many counties cannot enforce courtesy holds due to their illegality. He called on the federal government to provide clear guidance, support, and resources to local law enforcement on immigration enforcement to resolve the issue and accomplish public safety goals in a responsible, ethical, and legal manner.

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    Penzone Letter to DHS

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    Penzone Letter to DHS

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    The sheriff of Maricopa County wrote a letter to the Secretary of Homeland Security to inform him that his office had stopped honoring ICE detainer requests based on legal advice. He explained that many counties cannot enforce courtesy holds due to their illegality. He called on the federal government to provide clear guidance, support, and resources to local law enforcement on immigration enforcement to resolve the issue and accomplish public safety goals in a responsible, ethical, and legal manner.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    198 views2 pages

    Penzone Letter To DHS

    Uploaded by

    Jimmy Jenkins
    The sheriff of Maricopa County wrote a letter to the Secretary of Homeland Security to inform him that his office had stopped honoring ICE detainer requests based on legal advice. He explained that many counties cannot enforce courtesy holds due to their illegality. He called on the federal government to provide clear guidance, support, and resources to local law enforcement on immigration enforcement to resolve the issue and accomplish public safety goals in a responsible, ethical, and legal manner.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Maricopa County Sheriff's Office Paul Penzone

    Sheriff

    550 West Jackson Street Ph: 602-876-1801


    Phoenix, AZ 85003 Switchboard: 602-876-1000
    www.mcso.org

    Secretary John F. Kelly


    Department of Homeland Security
    Washington, D.C.

    On Friday, February 17, 2017, I was advised by my counsel, the Maricopa County Attorney, the
    practice the Maricopa County Sheriffs Office ("MCSO") had participated in of detaining illegal
    immigrants based solely on Immigration and Customs Enforcement ("ICE") courtesy detainers
    was unconstitutional and illegal. First and foremost, I am a law enforcement officer and swore
    an oath to uphold the United States Constitution. It has always been my position we must be
    strong on issues of crime, including illegal immigration. I will not violate the law or the
    constitution so the ends justify the means. Upon receiving the advice of my Counsel, I acted
    immediately.

    I am not the only Sheriff and Maricopa is not the only County taking this position. In fact, 43 of
    the 50 states have counties that cannot enforce courtesy holds due to the illegality of the
    practice. 1 For far too long, local law enforcement has been forced to take a position without the
    support, guidance and resources to accomplish our common goal of public safety. This issue is
    far too important and has gone on far too long without a responsible, ethical and legal solution.

    The federal government has requested that local and county Jaw enforcement take the
    responsibility of detention and incarceration for detainees of federal immigration courtesy holds,
    but has failed to address when we assume the responsibility of unlawful detentions. Across the
    nation, every agency is interpreting its authority differently. Many, including my office, have
    been sued and are penalized legally or monetarily due to the lack of clarity in the laws and
    authority. The federal government has the ability to resolve this issue and provide guidance and
    partnership.

    Your February 20th Memorandum regarding the President's Border Security and Immigration
    Enforcement Improvements Policies encourages more local law enforcement to apply for 287(g)
    status. MCSO is in a unique position and had its 287(g) status taken away prior to my term. We
    are unable to reapply for 287(g) status because of a federal court order. There are other local law

    1
    "Sheriffs Still Looking for Clarity on Deportation," Tim Henderson, The PEW Charitable Trusts, February 10, 2017:
    http://www.pewtrusts.org/en/research-and-analysis/blogs/statel ine/2017/02/10/ sheriffs-sti11-looking-for-clarity
    on-deportation.

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