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Sanctuary for MS-13 Suspected Murderers

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Dick Uliano reports for WTOP in Washington:

Not one, but two different agencies in Maryland released two teenagers from custody despite detainers from the U.S. Immigration and Customs Enforcement.

The two teens -- Josue Rafael Fuentes-Ponce, 16, and Joel Ernesto Escobar, 17 -- are suspects in the MS-13-related killing of 14-year-old Ariana Funes-Diaz, of Anne Arundel County, whose body was found in Prince George's County May 15.

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"The [Prince George's County] Department of Corrections follows the Guidance Memorandum of the Maryland Attorney General to not inform U.S. Immigration and Customs Enforcement (ICE) agency of individuals being released with a detainer, which is a civil matter," said Andrew Cephas, spokesman for the Prince George's County Department of Corrections, in an email.

Does the AG's guidance really say that?

Frosh's "Legal Guidance for Maryland State and Local Law Enforcement Officials," issued in December 2018, says that "compliance with ICE detainers is voluntary." Frosh's memo also warns that "State and local law enforcement officials are potentially exposed to liability if they hold someone beyond his or her State-law release date without a judicial warrant or probable cause that the detainee has committed a crime."

Frosh's memo specified that "Federal law does not require any local government agency or law enforcement officer to communicate with federal immigration authorities."
There is no advice not to inform ICE in the portion of the memo quoted in the story. It's true enough that a detainer is not a warrant and does not provide legal authority to hold someone in custody who is otherwise entitled to release. Saying the locals are not required to inform ICE that the person is about to be released, so they can take him in to federal custody at the jailhouse door, is a far cry from saying they are forbidden to do so.

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