ICE always says it’s a lawful detainer. But if it’s civil, which most of them are, then a local jail can’t hold them with our probable cause that a crime has been committed.

What’s interesting is she was under ICE Pretrial supervisión when she allegedly committed this sex offense in Charlottesville. ICE regularly releases people back into the community pending their removal hearings. But the local jurisdictions get all the blame.

If the person were to be extradited they would have not let the person go.

Local jurisdictions are limited in how long they can hold someone and for what reasons. There are civil liberties issues. ICE is contacted when a release happens, and it’s their job to come pick up the person being released from the local jail. It’s not uncommon that ICE fails to show up in a timely fashion. This situation is not unique to Charlottesville. My contacts in law enforcement tell me that it has happened elsewhere too. The reporting certainly supports the “sanctuary cities are letting criminals run loose” narrative that is particularly popular right now. However, this is an example of ICE not arriving when they had an hour to do so.

Despite ice detainer. Happened in charlottesville https://www.nbc12.com/2020/02/06/ice-arrests-woman-charged-with-child-sex-crimes-virginia/?outputType=amp