ICE, MCSO spar over murder suspect's legal status
The Department of Homeland Security Immigration and Customs Enforcement (ICE) claims murder suspect Martin Gallo-Gallardo was in the country illegally and under an immigration retainer when he was arrested in March for allegedly assaulting his wife.
This sparked a dispute with the Multnomah County Sheriff's Office (MCSO), which counters that it never received the ICE request and could not have held Gallo-Gallardo anyway.
On Monday, Oct. 29, Clackamas County Sheriff's deputies arrested Martin Gallo-Gallardo for the alleged murder of Coral Rodriguez-Lorenzo. Her body was found the previous day by an employee of Camp Namanu in a ditch on Southeast Camp Namanu Road in the Bull Run/Sandy area.
In March, when MCSO arrested Gallo-Gallardo, 45, for allegedly attacking Coral Rodriguez-Lorenzo, 38, ICE claims they placed an immigration detainer on the Mexican citizen while he was in custody. ICE stated that Gallo-Gallardo is in the country illegally.
MCSO released a statement on Friday, Nov. 2, stating they could have not held Gallo-Gallardo on the detainer last spring, and they did not receive ICE's request. The statement also questions ICE's strategy for enforcing immigration policies.
According to the MCSO statement, the federal case Miranda Olivares v. Clackamas County established that no Oregon jail can hold an individual solely on an immigration detainer.
"The U.S. Attorney's Office knows this, ICE knows this, but they persist in pursuing this failed strategy," the MCSO statement reported. "Federal officials had ample time to do their job. They had his name, address, and telephone number. It is disingenuous to make this claim when they failed to follow the process for even entering the civil detainer information into any law enforcement database.
MCSO wants to make clear that we did not receive any information from ICE regarding this individual."
Gallo-Gallardo's first arrest occurred when his and Rodriguez-Lorenzo's 9-year-old daughter called the police to report a physical fight between her parents, according to a March 5 probable cause affidavit. Rodriguez-Lorenzo refused to answer any questions to an officer about the incident.
"Local police, corrections professionals, and the (Multnomah County) District Attorney did their best to hold this person accountable for his domestic violent assault — including taking the case to a grand jury. However, we were unable to hold him accountable without the cooperation of the victim."
The assault charges were ultimately dismissed because of lack of evidence.
ICE released a response on Friday, Nov. 2, stating they gave the detainer to the sheriff's office, and provided a copy to the Outlook of the document that they said was faxed to the Multnomah County Courthouse at 12:16 p.m. on March 6.
"The fact is, ICE placed an immigration detainer on Gallo-Gallardo on March 6, following his arrest for felony assault fourth degree," according to ICE's statement. "The detainer specifically requested notification of Gallo-Gallardo's release."
At a press conference on Friday afternoon, Nov. 2, Multnomah County Sheriff Mike Reese said the fax did not go through, and the detainer was not placed in any federal database.
"That fax never arrived at the Multnomah County Sheriff's Office," Reese said. "It's 2018. Let's start using good technology."
According to ICE, Multnomah County does not honor detainers.
"In addition to false claims that ICE never filed a detainer, the county's statement on this matter ignores the fact that there is no mechanism for a judge to issue a criminal warrant for an administrative immigration arrest," ICE stated. "Oregon's sanctuary policies fail to recognize federally established processes for the enforcement of immigration law, and they do so at the expense of the safety of their citizens."
The dispute between the two agencies highlights the debate surrounding Measure 105, which is on the Tuesday, Nov. 6. ballot.
If passed, Measure 105 would repeal an Oregon law that limits cooperation between local law enforcement and federal immigration enforcement agencies.