Somos Un Pueblo Unido

1804 Espinacitas St. Santa Fe, NM 87505 Tel. (505)424-7832 Fax (505)438-8518
somos@somosunpueblounido.org


August 28, 2014

Department of Homeland Security
Office of Civil Rights and Civil Liberties
Review and Compliance
245 Murray Lane, SW
Building 410, Mail Stop #0190
Washington, DC 20528

To Whom It May Concern:

Somos Un Pueblo Unido is a New Mexico organization dedicated to the protection of
immigrants civil rights. We are writing in order to call your attention to civil rights
violations that are presently being committed by local and federal law enforcement agents
in San Juan County, New Mexico, as well as violations of an internal ICE detainer policy by
the Immigration and Customs Enforcement (ICE) agent stationed in this area.

Individuals are being jailed at the San Juan County Adult Detention Center solely based on
ICE detainers and not criminal charges. These detainers are being issued by an ICE agent
even when individuals have not been arrested by local area law enforcement.

On July 11, 2014, Ricardo Olivas was driving at 7:00 AM when he was pulled over by a
Farmington police officer (J. Castaeda). Olivas was told that he was stopped because the
trailer hitched to his truck was not registered. The registration and insurance on his truck,
however, was current. Officer Castaeda ticketed Olivas for the unregistered trailer, but
prolonged the detention so that Erich Anderson, the ICE agent stationed permanently in
San Juan County, could arrive and question him about his immigration status. Agent
Anderson gave clear instructions to Officer Castaeda to detain Olivas until he arrived.
Anderson questioned Olivas, took him into custody and transported him to the San Juan
County Adult Detention Center. He booked him on an ICE detainer, even though he had not
been arrested by a local law enforcement agent.

When a Somos staff member called the detention facility on August 12
th
to inquire about
what criminal charges Mr. Olivas faced, she was told that he was being jailed only because
of an ICE detainer. As he had no criminal charges, he would not be arraigned nor would he
be able to post bond. The jail administrator also said it was standard practice incarcerate
individuals solely on ICE detainers and not because they were arrested by local law
enforcement for a criminal violation.

It appears that Anderson is disregarding ICEs own detainer policy that states:
Immigration officers shall not issue a detainer unless a local law enforcement agency has
exercised its independent authority to arrest the alien. Immigration officers shall not issue
detainers for aliens who have been temporarily detained by the local law enforcement
agency (i.e., roadside or Terry stops) but not arrested.

This is not the first time that we have documented instances in which community members
are held by the local jail on an ICE detainer and no criminal charges. We have complained
to your office about this violation of ICE policy in the past, but we have seen no change in
practice. The local area ICE agent continues to place ICE detainers on individuals not
arrested by local law enforcement, and he continues to instruct local officers to prolong
routine stops in order to question them about immigration status.

Immigrant residents of San Juan County are essential in helping law enforcement fight
crime. When immigrant families are afraid of the police or when their civil rights are
continually violated, they are unlikely to seek help when victimized or report suspicious
activities in their community. We hope that you will investigate these improper activities
and let us know the outcome of the investigation.

We can be reached at (505) 424-7832 or somos@somosunpueblounido.org for more
information or for telephone interviews with the individuals involved in this complaint.
Thank you for your prompt attention to this matter.

Sincerely,


Marcela Daz
Executive Director
Somos Un Pueblo Unido

Cc: New Mexico Attorney General Gary King
New Mexico ACLU