Anger and Devastation in Multnomah County, Oregon

Sandy Bosch, 82, was killed by a hit-and-run driver in April 2019. It took weeks to track the driver down. Detectives from the Portland Police Bureau in Portland, Oregon, finally arrested 42-year-old Jaime Mendoza-Chavez and booked him into the Multnomah County Jail.

The charges were felony criminally negligent homicide and failure to perform the duties of a driver for injured persons.

As reported by KGW News in Portland, Oregon, he was released on bail and monitored with an ankle bracelet.

The driver is a deportable alien

Jaime Mendoza-Chavez is an illegally present Mexican national. Citing information received from ICE, Portland-based KOIN 6 News reported that his real name is Manuel Garcia-Ledesma.

On July 12, 2019, ICE Enforcement and Removal Operations located and arrested Jaime Mendoza-Chavez and transferred him to the Northwest ICE Processing Center in Tacoma, Washington. On January 6, 2020, Mendoza-Chavez was ordered removed from the United States to Mexico by a judge from the Executive Office for Immigration Review, which is the federal immigration court system.

Mendoza-Chavez was previously arrested in Phoenix, Arizona in April 1999 by the Immigration and Naturalization Service. He was granted a voluntary return and returned to his native Mexico. Mendoza-Chavez later illegally re-entered the U.S. from Mexico at an unknown date and location.

The angry and devastated family

KGW News attended a “celebration of life” organized by the children of Sandy Bosch. On ICE's insistence on deporting Mendoza-Chavez, one daughter says It makes me angry.

The reporter adds: [The f]amily is devastated. They say there will not be justice for Sandy if Mendoza-Chavez is deported.

ICE wants an arrest warrant and a judicial transport warrant

The family's “devastation” was in reaction to news of the conditions set by ICE for returning the hit-and-run driver to Multnomah County, in which Portland is the county seat. KGW News reached out to ICE for comment; this is how a spokesperson explained procedures:

On June 7, U. S. Immigration and Customs Enforcement (ICE) officers lodged an immigration detainer on Mendoza-Chavez with the Multnomah County Jail. On that same day, Mendoza-Chavez posted bail and Multnomah County Jail released him back into the community. No notification was given to ICE of Mendoza-Chavez’s release.

Due to sanctuary policies that shield criminal aliens and endanger public safety, local law enforcement requesting to have an ICE detainee returned to local custody to face criminal charges, must provide ICE with an arrest warrant in addition to a judicial transport warrant, from the requesting court, requiring the ICE detainee be returned exclusively to ICE custody at the conclusion of the criminal court proceedings. The arrest warrant and judicial transport order ensures all ICE detainees will not be released back into the community where they can reoffend and/or released by non-cooperative jurisdictions that do not honor ICE detainers. As of Jan. 27, 2020, Multnomah County has not provided any such documents to ICE.

Oregon has been a sanctuary state since July 1987, and Multnomah County declared itself a sanctuary county in December 2016.

A sanctuary jurisdiction that will not honor ICE detainer requests lodged on a detained alien, and will instead release him from custody without notifying ICE, cannot be trusted to return him to ICE if it transfers him over to the sanctuary jurisdiction.

Therefore, ICE will insist on receiving legal documents from the sanctuary jurisdiction that will compel them to return the alien to ICE.