Man who shot at Napa County Sheriff previously deported, arrested but Napa & Sonoma County Sheriffs wouldn't honor ICE detainer, feds say

Man who shot at Napa County Sheriff previously deported, arrested but Napa & Sonoma County Sheriffs wouldn't honor ICE detainer, feds say

February 23, 2019

There are a number of enlightening elements the Napa County shooting of an illegal foreign national have raised in the California sanctuary state issue known as the California Values Act.  S.B. 54 the Values Act was signed into law as California’s sanctuary law – signed by Gov. Jerry Brown in 2017 – largely prohibits local enforcement from keeping illegal immigrants in custody at the request of federal immigration officials.

 

Fox News reported:

"Immigration and Customs Enforcement said Hernandez Morales has been deported three times before 2011 – twice in 2007 and once again in 2010.

 

Since then, ICE had issued four separate detainers for him related to various arrests including suspicion of driving under the influence, battery on a peace officer and unknown probation violations.

 

ICE said detainers were issued to Napa County Jail in 2014, 2015 and 2016 while Sonoma County Jail received one in 2016. None of the detainers were honored by jail staff". 

 

Napa County Sheriff’s Deputy Riley Jarecki can be seen in a refection on the window of a car, asking Javier Hernandez Morales to roll down the window. (Napa County Sheriff’s Office)

 

Of significance Hernandez Morales has been deported three times before 2011 – twice in 2007 and once again in 2010. These deportations occurred before Jerry Brown was elected then both Sonoma and Napa counties refused to honor I.C.E detainers in 2014, 2015 and 2016 following both of Brown's elections.  While the county sheriff can refuse to honor I.C.E. detainers its important to note the dishonoring of detainers as what amounts to be a policy established in both the Sonoma and Napa making them both "sanctuary" counties before the 2017 signing of S.B. 54 the California Values Act. 

 

“This incident may have been prevented if ICE had been notified about any of the multiple times Hernandez-Morales was released from local custody over the last few years,” immigration officials said. “This is an impactful, scary example of how public safety is affected by laws or policies limiting local law enforcement agencies’ abilities to cooperate with ICE.”

 

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