(Chuck Muth) – The Las Vegas Review-Journal has reported that “Nevada prisons have nearly 700 undocumented immigrants in custody, costing taxpayers about $24 million a year.”
For the record, the proper term is “illegal alien,” not “undocumented immigrant,” per U.S. Code. But whatever. Old habits die hard.
In any event, the RJ noted that “The Nevada Department of Corrections and Metropolitan Police Department are withholding the names of undocumented immigrants in their custody, citing privacy concerns.”
This, naturally, has stirred up a hornet’s nest among many on the right who support President Trump’s directive for ICE (Immigration and Customs Enforcement) to deport illegal aliens – especially those with violent criminal records.
“These are things the taxpayers are paying for,” said Maria Espinoza of the Remembrance Project. “We’re talking about the safety of the community, and that information is very valuable to the community.”
“This is the sort of stuff the public should know,” added Ira Mehlman of the Federation for American Immigration Reform. “The consequences (of crime by illegal aliens) is felt in Nevada and all across the country, and we don’t know the reason they’re concealing it.”
“I’ll be finding out why these names weren’t released and fighting to make the information public,” tweeted Clark County Commissioner April Becker after reading the story. “We deserve to know who commits crimes in our communities, especially if they are here illegally.”
I agree with the sentiment of all of them, however…
8 CFR § 236.6 is a federal regulation that deals with information regarding detainees.
And it specifically states that no person – including any state or local government entity – that houses, maintains, provides services to, or otherwise holds any detainee on behalf of ICE may disclose or make public the name or other information relating to such detainees.
This information is considered under the control of ICE and can only be disclosed according to applicable federal laws, regulations, and executive orders. Any documents or records containing such information are not considered public records.
So it’s not that Metro doesn’t want to release the information or is trying to thwart the work of ICE. It’s that the law – as currently written – doesn’t allow it. However, a new executive order on the matter could change that with the snap of a finger.
As I understand it, just under 200 illegal aliens are currently being housed by Metro. And Metro has already advised ICE who they are, where they’re from, and what they’ve been jailed for.
I also understand there are some really, really, really bad hombres there.
Yes, like you, I’d like to know who they are and what they did. But it’s not up to Metro to release that information. Only ICE can do so – unless a new directive is issued granting Metro permission to provide the information to the public.
So let’s remember who the bad guys are – and it’s not our police department.
