It’s not just low-level criminal aliens who are released by sanctuary jurisdictions like Boulder County, Colorado, in defiance of federal law. Sanctuaries apparently will not honor ICE detainer requests even for those convicted of child sex charges.
“On Aug. 7, 2019, in Longmont, Colorado, deportation officers with U.S. Immigration and Customs Enforcement (ICE) arrested Roberto Gutierrez-Hernandez, 59, a citizen of Mexico, who was convicted July 15, 2019, in the 20th Judicial District Court Boulder County of sex assault on a child,” said an ICE spokeswoman in a statement issued last week to local media.
How was someone convicted of sex assault on a child released after conviction?
In July, Gutierrez-Hernandez was sentenced to 10 years of “sex offender intensive supervised probation,” but no jail time. I confirmed this with the Boulder County district attorney’s office. This explains why he wasn’t locked up even after the conviction. The fact that someone convicted of child sex offenses doesn’t serve a day of prison is also peculiar, but has become very common in blue states like Colorado.
But the story is worse than that. There is a history behind the Gutierrez-Hernandez story that has not been released to the public nor reported on by local media. According to ICE spokeswoman Alethea Smock, Gutierrez-Hernandez was arrested twice in 2017. Before being arrested for the child sex offense in November of that year, he was arrested in March. ICE placed detainers both times. Both detainers were ignored and he was set free, which makes the sex offense 100 percent avoidable. He should have been detained and deported after the March arrest. Moreover, this means an illegal alien sex offender was able to remain in the community for nearly two years through the disposition of this case without being removed.
“ICE lodged a detainer on Roberto Gutierrez-Hernandez, 59, a citizen of Mexico, with the Boulder County (Colorado) Jail after Gutierrez-Hernandez was arrested on local charges in March 2017,” said Smock Thursday to a CR inquiry. “The jail refused to honor the detainer and released him back to the community to reoffend. Gutierrez was later arrested for sexual assault on a child in November 2017, and ICE lodged another detainer with the Boulder County Jail. However, the jail refused to honor the agency’s detainer a second time.”
Court records show he was arrested for aggravated assault in March 2017, but charges were later dismissed. However, that should still have led to his removal. Only legal immigrants with green cards require a conviction to warrant removal.