Murder case leads to dispute between San Jose and Santa Clara County over ICE policy – KGO-TV

Murder case leads to dispute between San Jose and Santa Clara County over ICE policy - KGO-TV

Illegal Alien Charged with Murder After California Counties Ignore 9 ICE Detainer Requests

U.S. Immigration and Customs Enforcement (ICE) had issued nine detainers for criminal illegal alien Carlos Eduardo Arevalo Carranza, 24, in order to deport him, but Los Angeles and Santa Clara counties each ignored them. Carranza has a long criminal history, according to NBC Bay Area. The counties released him every time without notifying ICE.

Carranza was recently arrested for the vicious murder of a 59-year-old woman in San Jose in February.

ICE preliminary information suggests this is at least the tenth detainer ICE has lodged with local California law enforcement agencies on Arevalo-Carranza since 2016, said a written statement from ICE Acting Field Office Director Erik Bonnar.

His more than ten prior convictions over three years include kidnapping, drug possession, battery on a police officer, trespassing and burglary according to the report that added he was diagnosed with psychosis in 2016. The report cited acting field office director for ICE Erik Bonnar for the number of crimes:

Police arrested an illegal immigrant ordered detained by ICE ten times in California for murder Monday; raising serious questions over cooperation between federal and local authorities throughout the state.

How many more people have to be killed or injured before California lawmakers will open discussions to revise the state policy prohibiting local law enforcement agencies from working with ICE to apprehend dangerous criminal aliens? Its unfortunate that our communities face dangerous consequences because of inflexible state laws that protect criminal aliens. These sanctuary policies have unintended, but very real, and often tragic consequences to public safety.

Carlos Eduardo Arevalo Carranza, 24, was arrested Monday night in connection with the murder of 59-year-old Bambi Larson; police say he stalked her before stabbing her to death, writes Fox News.

San Jose Police Chief Eddie Garcia placed blame for Carranzas releases on those who set the policies. Those policies are not set at our level, he said during a Tuesday afternoon press conference, according to the report. Garcia said Carranza had stalked the victim and trolled the neighborhood.

BREAKING: ICE statement on illegal alien suspect arrested for murdering 59 yr old Bambi Larson in San Jose. #FNR

Santa Clara County Sheriff Laurie Smith called the murder a senseless act that very well may have been preventable, in a Tuesday statement:

Finally, there’s another angle worth noting here too. Chief Garcia was asked during the Q&A why Carranza was on the streets given all of his arrests and the fact that he was on probation already. Garcia said he couldn’t answer that but explained that issuing penalties for crimes was not part of his job. It makes me wonder if the fact that Carranza was homeless played into this as well. As we’ve seen in Seattle, the justice system has become a revolving door for people like Carranza out of an apparent desire not to criminalize homelessness. So he may have been shielded from more serious consequences for two reasons. If so, that’s a shame and something else that needs to change.

Illegal immigrant stabs California woman to death after sanctuary laws protected suspect from ICE 9 times

Carlos Arevalo is a violent predator who should have remained in custody until officials with ICE had the appropriate time to evaluate his immigration status. It has been my long standing position that all undocumented immigrants who are a serious or violent felons, should be held for ICE evaluations. I will advocate to change the county policy to try to prevent this from happening again.

It’s hard to argue with that. Carranza was a homeless drug addict who stole from people in order to feed his habit. He had already been deported once meaning it should have been a simple matter to deport him again and stop him preying on Californians, but instead California’s sanctuary policies shielded him. To be clear, the state sanctuary policy only took effect in Jan. 2018 but Los Angeles and other areas have had sanctuary policies in place much longer. The bottom line is this: If not for those policies, Carranza would have been handed to ice and deported before the (alleged) murder of Bambi Larson.

Illegal immigrant arrested in Calif. in connection with fatal stabbing

Santa Clara and Los Angeles counties and the state of California are sanctuary jurisdictions, according to the Center for Immigration Studies. Such policies prevent law enforcement officials in those jurisdictions from working with federal immigration authorities.

If you’ve lost count, that’s 10 arrests after he was deported. Six of those times, ICE asked the police to hold Carranza so they could pick up this homeless drug addict rather than have him be released back onto the streets. But according to Chief Garcia, police ignored those detainer requests because of sanctuary policies. “Let me be clear, we are here to protect and embrace our otherwise law-abiding undocumented residents. We are not here, nor should we be here, to shield admitted gangsters or violent criminals regardless of immigration status,” Garcia said.

Michelle Moons is a White House Correspondent for Breitbart News — follow on Twitter @MichelleDiana and Facebook

This is far from the first time Carranza has been arrested. Yesterday, San Jose police chief Eddie Garcia outlined Carranza’s rap sheet. “In February of 2013, he was detained by the Departement of Homeland Security at the border near McAllen, Texas and deported,” Garcia said. He continued, “In 2014 he was arrested for possession of paraphernalia. In 2015 he was convicted of burglary in San Jose. In 2016, battery of an officer, resisting arrest, and entering and occupying a property. In October of 2016, he was arrested for battery in the city of Los Angeles.

CrimeImmigrationPoliticsCaliforniaCarlos Eduardo Arevalo CarranzaEl SalvadorICEillegal alienMurderSanctuary CitySanctuary State

“In 2017 he was arrested and convicted for false imprisonment in San Jose. On April of ’18, he was arrested for paraphernalia again. In May he was arrested for possession of methamphetamine and possession of paraphernalia. On August of ’18, he was arrested for prowling and stimulant influence. On October of ’18, he was arrested for false identification and paraphernalia once again, prowling and trespassing while a resident was present. And in January of this year, he was arrested for possession of methamphetamine and paraphernalia.”

Gang member in country illegally arrested in womans slaying

SAN JOSE — Santa Clara County officials are firing back at critics who say their policy of not notifying immigration authorities when undocumented immigrants are released from their jails led to the release of a homicide suspect who had nine detention orders issued against him.

The suspect Carlos Eduardo Arevalo-Carranza, 24, is suspected of stabbing to death Bambi Larson, 59, in her South San Jose home last month. On Tuesday, San Jose Mayor Sam Liccardo criticized the county’s policy of “ignoring requests” by the Immigration and Customs Enforcement that inmates about to be released be held until they are picked up  by ICE. But county officials said on Wednesday that federal authorities, not they, were to blame for Arevalo-Carranza’s release.

ICE should’ve gotten a warrant here. They could’ve gotten a warrant here, said County Counsel James R. Williams, at a press conference late Wednesday afternoon. And the county’s practice has always been to honor warrants that are issued.

San Jose Police Officers Association echoed those remarks, saying: When it comes to policing, theres a distinct difference between a Dreamer who commits a victimless crime and a violent serial sexual predator with multiple offenses. 

The disclosure Tuesday that Arevalo-Carranza is in the United States illegally, and that the county jail ignored six requests by immigration authorities to turn him over — Los Angeles County received three other detention requests from ICE — has renewed criticism that sanctuary policies allow serious and violent criminals to slip through the cracks.

Garcia also revealed that ICE had applied nine times for a detainer on Carranza, a move which allows suspects to be held longer than their prison term so their immigration status can be investigated by federal officials.

Police arrested Arevalo-Carranza on Monday in connection to Larson’s killing. Larson’s body was found in her home on Knollfield Way on the afternoon of Feb. 28.

Our society must recognize theres a difference between someone who is trying to make ends meet for their family, and a self-admitted gang member, a monster who brutally murders an innocent woman in her own home.

ICE confirmed Tuesday that Arevalo-Carranza entered the United States illegally in 2013 and had been held at jails in Los Angeles and Santa Clara counties on a number of prior convictions, including drug charges, burglary and one felony false imprisonment charge in 2016.

ICE field director Erik Bonnar also spoke out against sanctuary policies, asking in a statement, “How many more people have to be killed or injured before California lawmakers will open discussions to revise the state policy prohibiting local law enforcement agencies from working with ICE to apprehend dangerous criminal aliens?

San Jose Police Chief Eddie Garcia on Tuesday criticized the countys practice of not notifying ICE as a policy to shield admitted gangsters or violent criminals. In a statement on Tuesday, Liccardo said the county’s policy of “ignoring” immigration detainers undermines public safety and violates common sense.” On Wednesday, however, he said that was referring to the fact that the county should notify authorities when they are going to release someone from their custody.

Immigration officials ask local agencies for civil detainers, a voluntary request for local jails to hold a person after their release date until immigration officials can come detain them.

The transients lengthy rap sheet goes back to 2013 when he was arrested for crossing into the U.S. at the southern border. He was deported back to Mexico but returned only to be arrested another 10 times with at least three convictions prior to Larsons murder, according to the Daily Mail.

According to officials with ICE, between October and November 2016, the agency requested three times that Arevalo-Carranza be detained at the Los Angeles Police Department’s central jail, none of which were fulfilled. From June 2016 to January 2019, the agency also asked Santa Clara County to hold him six times, according to ICE.

San Jose Police Chief Eddie Garcia revealed at a news conference that ICE had applied nine times for a detainer on Carranza, which would have allowed for the suspect to be held longer than his jail term in order to allow federal authorities time to investigate his immigration status.

In recent years, federal courts have ruled that holding people beyond their normal release dates, without warrants from ICE, is unconstitutional and a violation of peoples right to due process. Californias sanctuary law, which went into effect in January 2018 and which curtails how local law enforcement can work with immigration authorities, also prohibits such ‘detainers.”

Carranza was arrested Monday after investigators linked him to the crime using DNA evidence from Larsons home. He was also seen on security footage “stalking” the area near Larsons home on the day of her murder and well as leaving the residence after the crime was committed.

Williams said if the agency wanted to apprehend Arevalo-Carranza, it should have obtained a warrant, which the county would have honored.

Liccardo said in an interview Wednesday that county officials can still honor detention  requests by notifying ICE when they are going to release an individual from jail.

What we are all urging, is when the county has a predatory or violent person, they notify authorities if he will be released into the community, said Liccardo. No court has ever deemed that kind of notification to be unconstitutional.

Californias sanctuary law generally prohibits law enforcement agencies from notifying ICE of a prisoners release date, unless they fall under a specific exemption for people who have committed serious, violent felonies.

Over the past five years, police say he has also been arrested on charges of possessing drug paraphernalia, burglary, battery of an officer and resisting arrest. In the months leading up to the killing, he was released from the Santa Clara County Jail twice.

Liccardo said given Arevalo-Carranza’s false imprisonment charge, there was no legal reason for the county not to notify ICE of his release dates.

For their part, ICE had ordered Carranza to be detained on several occasions, but California’s sanctuary policies prevented him from being turned over to authorities. An arraignment hearing is scheduled for Thursday.

Garcia said the burglary and false imprisonment charges could have triggered exceptions in the law that allow for notification, “although there were other convictions that are concerning and would be considered,” he said.

San Jose mayor Sam Liccardo decried the policy too. It is long overdue for the County to reconsider its current policy of ignoring ICE hold requests for predatory felons, which undermines the safety of the very immigrant communities we collectively seek to protect, he said in a statement. The Countys policy has nothing to do with the Citys decades-long policy of declining to have police engage in federal immigration enforcement, which was implemented to protect public safety. In contrast, the current County policy of ignoring detainer requests for individuals arrested for strike offenses and convicted of multiple felonies undermines public safety, and violates common sense.

Arevalo-Carranza, who is believed to be homeless, entered the U.S. illegally in South Texas in 2013 and days later was detained by the U.S. Border Patrol. He was in ICE custody for four months before he was released, pending immigration proceedings, and was required to report to ICE, according to ICE spokesman Richard Rocha.

Rocha declined to answer questions about whether Arevalo-Carranza was released in Texas or California, and would not say what facility Arevalo-Carrazna was detained at, citing privacy issues.

Arevalo-Carranza is being held at the Santa Clara County Main Jail and has a scheduled court appearance Thursday. He was placed on a mental health hold, which was lifted Wednesday afternoon.

That assessment differs somewhat from the San Jose police department, who told KGO that ICE had tried to detain Carranza only six times (four times in Santa Clara County). What is not in question, though, is that law enforcement officials are unleashing a fresh round of furor against California sanctuary policies that figures to renew that debate statewide and nationally.

Supervisor Dave Cortese, who was part of the board that approved a 2011 policy limiting ICE detainers, said immigration authorities and other public officials are trying to shift blame onto the county.

You get a sense where this may be going with the kind of coverage you see in the tweet above. For their part, U.S. Immigration and Customs Enforcement (ICE) claims theyd tried to detain Carranza nine times previously, and a tenth time on Tuesday, being denied each time per various California counties sanctuary policies.

In the past, before the county passed a policy to limit detainers, immigration authorities often didnt pick up people who they requested be detained, leaving them languishing in jail, he said.

The countys policy has nothing to do with the Citys decades-long policy of declining to have police engage in federal immigration enforcement, which was implemented to protect public safety. In contrast, the current County policy of ignoring detainer requests for individuals arrested for strike offenses and convicted of multiple felonies undermines public safety, and violates common sense. I hope we can restart this conversation to make progress where we all agree: we can both keep our City safe from violent criminals and protect our law-abiding immigrant community.

Part of their problem, frankly, what theyve told me in meetings over the years, is they dont have…the capacity or agents to actually follow up on the detainers that theyve had out in the past, said Cortese.

“A phone call or some other kind of notification — often that doesn’t work. They don’t show up, Williams said. Its not an effective practice if you actually want to have the person taken into custody.

The city of San Jose and our police department has no control over how the county interacts with federal immigration enforcement in the deportation of violent or serious felons like Carlos Arevalo Carranza, he said. When we have violent or serious offenders that are preying on our community we must have the ability to protect our residents. We will go to the ends of the earth to find a predator like this.”

Liccardo said notifying ICE of violent criminals in their jails would likely affect a “very small number” of people.

“We have to change the laws that protect monsters like this suspect, said Kelly. If you have dreamers that are just trying to survive and make a better life for themselves, thats not what were talking about here. Were talking about changing the laws that protect criminals that will violently attack women.

Im no defender of ICE or proponent of this administration…but I fail to understand how one can justify releasing a predatory felon without giving federal authorities the chance to arrest him and keep him out of the community, said Liccardo. “That small number is responsible for, in this case, horrible acts of violence.”

JUST IN: #SanJose Mayor statement on arrest of a homicide suspect in the murder of Bambi Larson. Carlos Eduardo Arevalo Carranza was arrested Monday. SJPD said he is an undocumented immigrant w/ a criminal history. SCC & LA released him from jail 6 times w/out notifying #ICE.

Maricela Gutiérrez, executive director of the Services, Immigrant Rights & Education Network (SIREN), said any interaction with immigration authorities would have a chilling effect on the willingness of undocumented immigrants and others to come forward to report violent crimes in an already hostile political climate. She said the same standard for detention requests — probable cause or a warrant — should apply to notification to ICE. “Notifications are in the same jurisdiction as detainers — there has to be probable cause of a crime to notify ICE, she said. “And we shouldnt make our police department pseudo-ICE agents.”

Posted in Santa Clara