The Buncombe County, North Carolina Sheriff’s Office released a convicted child molester from custody on Tuesday, saying ICE never obtained a warrant for his arrest.
“[Marvin] Torres was in the custody of the Buncombe County Detention Center for more than two years with the full knowledge of U.S. Immigration and Customs Enforcement (ICE),” read a statement from the sheriff’s office. “During that time ICE sent a detainer request, but failed to secure an arrest warrant and therefore Mr. Torres met the conditions of his release set forth by the judicial system.”
The Buncombe County Sheriff, Quentin Miller, is one of several North Carolina officers who have refused to cooperate with ICE detainer requests, opting to require a full arrest warrant.
“The sheriff’s office will continue to comply with all applicable state and federal laws. However, we do not make or enforce immigration laws; that is not part of our law-enforcement duties,” Miller said at a February press conference. “It is vital that members of our immigrant community can call the sheriff’s office without fear when they are in need of assistance from law enforcement.”
In response to the release of Torres, Miller said, “If ICE is aware of an individual that they have determined to be a danger to the public safety of Buncombe County, then ICE should obtain a warrant for their arrest.”
Torres was arrested in 2017 and convicted this week of indecent liberties with a minor. The judge in his case sentenced him to time served, after which he was released.
“This is yet another example of how reckless sanctuary policies are putting dangerous criminals back into our communities and impeding the ability of federal law enforcement to do their jobs,” North Carolina Senator Thom Tillis, a Republican, said in a statement on the incident. “It’s a dereliction of [the sheriff’s] duty to keep North Carolinians safe.”
Last week, an ICE official stated in a Senate Judiciary Committee hearing that L.A. police were releasing up to 100 illegal immigrants per day due to policies implemented by head L.A. sheriff Michael Moore.
“Cooperation between ICE and state and local law enforcement agencies is critical to the agency’s efforts to identify and arrest removable aliens, and to protect the nation’s security,” the official, Timothy Robbins, said at the time. “Unfortunately, we are seeing more jurisdictions that refuse to work with our officers, or directly impede our public safety efforts.”