The Minnesota Department of Corrections (DOC) has revealed significant discrepancies in the number of immigration detention holds reported by the U.S. Department of Homeland Security (DHS). According to DOC Commissioner Paul Schnell, the total number of individuals in custody with immigration detainers stands at 301, far below the 1,360 reported by DHS.
On Monday, September 25, 2023, the DOC reached out to all county jails in Minnesota to ascertain how many individuals were currently held under immigration detention holds. The inquiry yielded a count of 94 individuals across county jails, combined with 207 in state prisons, totaling 301. This figure is nearly 1,000 less than what DHS has claimed.
DHS Stands by its Numbers
Despite the conflicting reports, DHS maintains its position. A spokesperson stated, “As DHS stated, across the state of Minnesota nearly 470 criminal illegal aliens including violent criminal illegal aliens have been released into communities.” The spokesperson reaffirmed the claim of 1,360 active detainers, urging local officials to comply with these requests.
Schnell, however, asserted that the DOC’s figures do not align with DHS’s claims. He emphasized that the federal agency’s numbers are “nowhere close” to what the state has reported. The situation is complicated further by comments from Marcos Charles, executive associate director of ICE Enforcement and Removal Operations, who suggested that discrepancies may arise if counties do not file records of detainers, as they do not honor them.
State Law and Local Enforcement Dynamics
The legal landscape surrounding immigration detainers in Minnesota is complex. A legal opinion from Minnesota Attorney General Keith Ellison clarified that local law enforcement cannot detain individuals solely based on civil immigration detainer requests from ICE. This opinion highlights the potential for substantial civil liability, referencing previous lawsuits resulting in damages and legal fees totaling over $248,000.
Schnell emphasized that while many sheriffs across the state provide notification to ICE when individuals with immigration holds are arrested, local law enforcement is not mandated to hold individuals for ICE. He explained that upon arrest, ICE works to determine a person’s legal status, but once a person goes before a court, they may be released on bail or personal recognizance, limiting the jail’s ability to retain custody pending ICE intervention.
Clarifying Misunderstandings on Releases
The DOC has expressed concern over the portrayal of releases involving individuals transferred to ICE custody. Schnell cited a specific case from January 12, 2023, involving two individuals, Meng Khong Yang and Joshua Fornoh, whose custody was properly transferred to ICE after notification was provided well in advance. DHS included these individuals in a press release claiming they were recent arrests made during a federal operation, which Schnell argued mischaracterized the circumstances of their release.
In response to the ongoing confusion, the DOC has requested a meeting with DHS to address these discrepancies and discuss potential improvements in communication and processes. As of now, Schnell stated that they have yet to receive a response to their inquiries.
The disagreement between state and federal officials highlights the complexities of immigration enforcement and the challenges faced by local jurisdictions in navigating federal mandates while adhering to state laws. As the debate continues, the public remains alert to the implications for communities throughout Minnesota.
