Mar 302018
 

by Arnaud and Naja Girard…….

It was around 7 am, Monroe County Sheriff’s Deputy Ken Fricke had just stopped *Elena Bella* on the side of US 1 at the entrance to Stock Island. He believed her car windows may have been too dark. They weren’t, but she was from Honduras. She had no papers. Border Patrol was called and *Elena” was arrested for driving without a license.

At the jail on that late winter morning things got complicated: Border Patrol asks the Sheriff to keep *Elena* locked up for at least 2 days. However, they have no warrant and the local judge has just set a $500 bond for her release on the no DL charge. The bond is promptly paid by her family.

So here it was, the highly politicly charged dilemma that has dogged the sheriff’s office for almost a year: Was she free to go or could she be kept in jail without a warrant?

Few of our articles have been debated by readers as passionately as those concerning immigration enforcement. It’s a difficult issue.

One of *Elena’s* first childhood memories is of waking up in a house in flames while gang members’ bullets riddled the windows. Then it was life on the run, changing schools all the time, hiding with her mother in the Honduras countryside trying to escape the sworn vengeance of the Marras (Honduran gang) against her family. Not all of them made it out alive. At 18 *Elena* thought she was old enough to try to escape to the US. At the border she was kidnaped by Mexican men who locked her up in a basement.

She managed to escape and has since made it to Key West. She has 2 young children, one born in Key West. *Elena* is one of those discrete figures you see in our hotel hallways, head down, always working. Yet at the time she was stopped by Deputy Fricke, in-spite of her American born child, she had no legal status.

Could the Monroe County Sheriff’s Office legally grant Border Patrol’s request to hold *Elena* in jail while Border Patrol “investigates her status.” If so, it would mean she would be kept in jail on a civil matter (most immigration cases are civil cases) without seeing a federal judge when even criminal defendants cannot legally be kept in jail without a prompt first appearance before a judge.

In fact, the Florida Sheriffs’ Association has been complaining that Border Patrol detainer holds are a request by the federal government for Sheriffs to violate the 4th amendment of the US Constitution. (Need for a warrant based on probable cause.)

At their 2017 conference, Florida sheriffs said that the Trump administration has tagged them as traitors when they’ve refused to collaborate with Border Patrol. In a worst case scenario a county can find itself on the infamous DOJ list of “sanctuary counties” which can mean federal cutbacks.

The Monroe County Sheriff’s Office has contracts worth over 1.7 million dollars with the federal government for use of the county jails.

To make matters worse the ACLU got involved. On December 4, 2017 the ACLU, along with the Southern Poverty Law Center and Latino Justice, put Sheriff Rick Ramsey on notice that holding immigrants without charge and without a judicial warrant was a violation of civil rights.

Sheriff Rick Ramsey, who is an astute politician, has skillfully navigated those troubled waters. When asked, his office told The Blue Paper that suspected illegal immigrants would not be held after posting bond. However, aside from the one time that a pesky immigration lawyer came banging at the jail gate brandishing the US Constitution, the Sheriff has been honoring all Border Patrol detainer hold requests.

It may seem that Sheriff Ramsey’s diplomacy has paid off. He has obtained an agreement with the federal government by which he will no longer be asked to hold suspected illegal immigrants without a warrant. Under this Basic Ordering Agreement (BOA) the sheriff’s office will also be compensated by the Feds at the rate of $50 per immigrant who is held under an immigration warrant.

In 2017 Miami-Dade County spent $12.5 Million holding Border Patrol detainees, while the federal government refused to foot the bill.

It is unclear, however, whether the federal government agreeing to provide warrants to sherriffs is much more than a play on words. When one looks into how those so-called “warrants” are issued it appears that any field agent can sign them, no judge has to weigh in.

*Elena* was kept in the county jail without a warrant even after paying bail and until Border Patrol came to pick her up. She then stayed in ICE’s Broward Transitional Center for over six months before being released pending determination of her request for asylum. In disbelief, after so much anguish for the young mother of two, *Elena’s* mother asked us, “What was the point then?”

The family had told *Elena’s* children that their mother was “in school.” During one of our visits, *Elena’s* tiny daughter took us aside and said, “I am going to school too, but I am here for the vacation. How come mama doesn’t even come see me for the vacation?”  What were we supposed to say?

~~~

  • Note: The name “Elena Bella” is an alias created by The Blue Paper to ensure that this article will not jeopardize the young woman’s pending petition for asylum.

The ACLU’s FAQ’s on the new ICE agreement signed by Monroe County Sheriff’s Office and 16 other Florida Sheriffs:

Download (PDF, 517KB)

DID YOU LIKE THIS STORY?

HELP KEEP LOCAL INVESTIGATIVE JOURNALISM ALIVE…

TO MAKE A MONTHLY OR A ONE-TIME VOLUNTARY CONTRIBUTION 

CONTRIBUTE:
Become a “Patron” by signing up to give monthly support on Patreon by clicking on the orange button below:

OR

Use PAYPAL or your Credit Card

to give either monthly

or

a one-time donation

by clicking on the button below:

[You will be sending money to Blue Pimpernel LLC [dba Key West The Newspaper]

NOTE: CONTRIBUTIONS ARE NOT TAX-DEDUCTABLE

or if you have a PAYPAL account you can always use this link to send any amount you choose:

https://www.paypal.me/thebluepaper

or send check or money order made out to:

Key West The Newspaper

1214 Newton Street

Key West, FL 33040

Facebook Comments

Arnaud and Naja Girard
Arnaud and Naja Girard, publishers and editors of the new, digital, Key West the Newspaper (The Blue Paper) previously reported for the former Key West The Newspaper, Key West’s longest running independent weekly, published by Dennis Reeves Cooper, Ph.D., from January 1994 until November 2012. The Girards are perhaps best known for their discovery of and extensive research surrounding the US Navy’s 1951 claim of ownership of Wisteria Island but are also responsible for top investigative stories including breaking news coverage of the highly controversial in-custody-death of Charles Eimers on Thanksgiving Day 2013, the catastrophic police tasing of Matthew Shawn Murphy, and the property tax scandal involving Balfour Beatty to name a few. Arnaud and Naja have lived in Key West since 1986.

  4 Responses to “Monroe County’s Sheriff will No Longer Hold “Illegal” Immigrants Without a “Warrant””

  1. Thank you, Naja, for fighting for the Elenas of our community.

    • What part of this do you not understand ? No DL = no insurance. Yes people like me pay for the uninsured. She needs deported as her type is a drain on legals.

  2. Illegals should be held and deported. What is so dam hard to understand ? She has no regard for our laws and driving uninsured. In a wreck she destroys legal drivers. Tow the car, impound it to ever who owns it and hold her. It is the only way to clean this mess up unless you care to pay the cost of illegals. DEPORT THEM

  3. As every adult on the planet knows nothing is “simple”, except for those that believe it is. To dismiss all the varied permutations and factors of history, behavior, family ties, value to the community, contributions of time and money, etc and simply say “deport them” (even in caps) is absurd, not to mention cruel and thoughtless.

This site uses Akismet to reduce spam. Learn how your comment data is processed.

By continuing to use the site, you agree to the use of cookies. more information

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this. See our Privacy Policy here: http://thebluepaper.com/privacy-policy/

Close