ICE: Middlesex County immigration policy could lead to more tragedies

NEWARK - Federal immigration officials are calling on local municipalities to comply with their policies after an illegal immigrant was released from the Middlesex County Jail before allegedly murdering three people in Missouri.

Luis Rodrigo Perez, 23, who is being held without bail in Greene County, Missouri, was released from the Middlesex County Jail earlier this year after an ICE Enforcement and Removal Operations (ERO) detainer was declined, according to a news release from ICE.

"This case is unfortunately a tragedy that happened that may have been avoided," John Tsoukaris, the field office director for ICE Enforcement and Removal Operations in Newark, said in an interview with My Central Jersey this week. "The only county jail right now in the state that refuses to work with us is the Middlesex County Jail."

EARLIER:ICE blames Middlesex County Jail for releasing illegal immigrant charged with murders

EARLIER:ICE: Middlesex is only NJ county that doesn’t work with us

Middlesex County policy

Middlesex County enacted a policy in 2017 that states if an inmate has not been previously convicted of a first- or second-degree offense or been the subject of a previous Order of Deportation, it will not hold an inmate past their release date.

The county said the policy's primary goal is "the protection of the public safety of our residents."

"It impedes us from, or puts obstacles in the way, of our enforcement of immigration laws," Tsoukaris said. "The jail there is making it very difficult for us, number one, to interview anyone that is there."

Tsoukaris said under its policy, Middlesex County Jail makes it difficult for ICE to interview detainees and often does not put into the jail record the place of birth of detainees.

Middlesex County officials issued a statement to My Central Jersey this week disputing ICE's claim of their county being the only such in the state not honoring detainers.

"There are other counties that do not honor ICE detainers. Camden, Union, Burlington and Ocean Counties also do not honor ICE detainers," unnamed county officials said in the statement.

Shifting blame

After ICE announced its disdain for Middlesex County Jail's policies following Perez's alleged murders earlier this month, the county defended its policy and shifted blame onto ICE.

"ICE was advised on Dec. 14, 2017 that the county would not be honoring a detainer request made that same day because Perez had not previously been convicted of a first- or second-degree crime," Middlesex County officials previously said in a statement.

"Luis Perez then remained in custody for an additional 51 days where ICE took no action whatsoever, even though they had every right and ability to do so and request an order of deportation from a Federal judge," the statement read. "This order would have authorized Middlesex County to turn over custody of Mr. Perez prior to, or upon completion of his sentence. Instead ICE officials chose to do nothing, which places all responsibility of Mr. Perez’s actions squarely upon ICE."

Tsoukaris, however, told My Central Jersey that the Middlesex County's claims of a federal judge being able to issue an order of deportation were inaccurate and misleading.

"There is no federal judge involved in the immigration removal proceedings," he said. "The law doesn't call for it and the law does not authorize federal judges to be involved. The whole system for immigration proceedings involve the immigration court, which is run by the Department of Justice."

Immigration courts have immigration judges, which are apart from U.S. District Court judges.

ICE is responsible for enforcing federal immigration laws as part of its homeland security mission, according to its website.

"ICE, in fact, has the right and ability to get an Order from a Federal Judge. They simply have refused to do so," unnamed Middlesex County officials said in their statement. "An Order from a Federal Judge is required by the County in order to protect the County taxpayers from liability from any person detained without a Federal Court’s finding of probable cause thereby denying an individual detained their due process of law. This principle is established federal law."

According to the spokesperson for the Middlesex County Prosecutor's Office, Perez does have active warrants out under his name, but because of "the nature of the cases," the prosecutor's office cannot release the information without a court order.

The alleged murders

Perez is alleged to have shot and killed two men just before midnight on Nov. 1 in Springfield, Missouri. 

The gun used in the shooting, police say, is believed to have been stolen from a vehicle by a woman named Sabrina Starr. Starr, 21, traded the gun to Perez in exchange for a tattoo. She posted photos on her Facebook on Oct. 28 of Perez tattooing four words on her neck: "Kill or be killed."

Her boyfriend was one of the two men murdered on Nov. 1, while Starr and another man, Aaron Anderson, sat in the car. The next day, Starr was shot and killed by Perez with the same gun she is believed to have traded to him for tattoos. Anderson was later charged with murder.

The entire incident is believed to have stemmed from an argument over living arrangements after Perez was kicked out of a home, according to police. The men he killed, 38-year-old Steven R. Marler and 23-year-old Aaron J. Hampton, were his ex-roommates.

Perez's girlfriend, Dalia Garcia, 23, has been charged with tampering with physical evidence, according to a news release from the Greene County Prosecuting Attorney. 

Garcia, who still lives in New Brunswick, allegedly set fire to Perez's blood-soaked clothes at a Missouri gas station.

Changes coming?

Tsoukaris fears that if Middlesex County continues its immigration detainment policy, there could be more tragedies.

"There might be more of these tragedies," he said. "I'm really surprised this was the first one. There's been many people they've released over the past year that have serious criminal charges."

New Jersey Attorney General Gurbir Grewal said his office will be issuing "a new, revised directive, to give our county prosecutors and state law enforcement better guidance on what their role is-and isn't-when it comes to the enforcement of federal, civil immigration law," according NJTV reporter Brenda Flanagan.

Middlesex County officials said its policy will "will continue in place pending the issuance of a new directive from the State Attorney General."

Tsoukaris said public safety comes before politics.

"We don't want to get into politics when we're talking about public safety," Tsoukaris said. "I don't think you can play around with this type of stuff."

Staff Writer Nick Muscavage: 908-243-6615; ngmuscavage@gannettnj.com