Key takeaways:
- Leticia Jacobo, a Salt River tribal member, nearly faced deportation.
- A jail clerical error placed an ICE detainer on her file.
- Family and tribal support stopped her transfer to ICE.
- Officials call it an ICE detainer mistake and plan a review.
Case Overview
Leticia Jacobo is a 24-year-old member of the Salt River Pima-Maricopa Indian Community. She was born in Phoenix and now lives in Des Moines, Iowa. In September, police arrested her for driving with a suspended license. She spent a month in the Polk County Jail. Her release was set for Veterans Day. However, a simple error nearly cost her freedom.
On the day before her release, her mother, Ericka Burns, dialed the jail to confirm pickup plans. Burns was eager to reunite with her daughter. Instead, jail staff said ICE would take Jacobo. Burns and her family were stunned. Jacobo is an American citizen and a tribal member. No one at first seemed able to fix the error. Hours ticked away as they feared Jacobo might be deported.
How the ICE detainer mistake happened
Polk County Jail has a special agreement with immigration authorities. Under that 287(g) partnership, local officers can help ICE enforce immigration rules. This means they can hold a person for extra time if ICE asks. That hold is called a detainer. In Jacobo’s case, ICE asked for a detainer on another inmate. But jail staff attached that detainer to Jacobo’s record by mistake.
A jail spokesman called it an ICE detainer mistake. He said human error caused the mix-up. The real target had a similar name and was booked at the same time. Once ICE requested the hold, jail employees placed it on the wrong file. The detainer stayed in place for days. Jacobo had no idea until just before her scheduled release. When Burns arrived in person with a copy of her daughter’s birth certificate, jail staff finally saw the problem.
Tribal Rights and ICE Agreements
Native Americans hold a special legal status under the U.S. Constitution. Tribal members are citizens of both their tribe and the United States. They enjoy rights that no other group has. Yet, tribal sovereignty often clashes with federal laws. The 287(g) program highlights this tension. It allows local jails to work with ICE agents. Critics say it can lead to mistakes and rights violations.
Because detainers require no court order, they can extend jail time without solid proof. Courts have questioned their legality. Some judges say detainers may violate the Fourth Amendment. That amendment protects against unreasonable seizures. A person like Jacobo can end up jailed longer without a crime. In addition, tribal members can face detainers even if their citizenship is clear. This incident shows how the system can fail its own citizens.
Family’s Fight for Leticia
Once Jacobo’s family learned about the detainer, they sprang into action. With only hours left, they turned to social media and tribal leaders. Her aunts in Arizona and Nebraska posted appeals on Facebook. Tribal officials and local activists joined the effort. Meanwhile, Ericka Burns drove to Des Moines with Jacobo’s birth certificate in hand. She refused to leave until ICE agents came or the error was fixed.
The family faced long delays due to a holiday weekend. Their calls to jail and ICE rang unanswered. Though scared, they stayed persistent. They worried that without proof of citizenship, Jacobo would vanish into the immigration system. Finally, just before 4:30 a.m. on Veterans Day, jail officials cleared the detainer. Jacobo walked out a free citizen. Her family cheered, relieved that their plan worked.
Why the ICE detainer mistake matters
This case shows the serious impact of an ICE detainer mistake. A simple clerical slip almost sent a U.S. citizen to ICE custody. It raises questions about accountability and training in jails. Human error in legal processes can upend lives in hours. Officials at Polk County Jail said they will review their detainer procedures. They hope to avoid similar errors.
The broader issue ties into debates over immigration enforcement. Policies that rely on local agencies to hold noncitizens can harm citizens too. In Jacobo’s case, tribal status and proof of citizenship did not stop the detainer. This proves that even clear legal rights may not prevent wrongful detentions. Families like Jacobo’s risk facing a maze of bureaucracy and fear when these holds appear.
What the Future Holds
Jacobo and her family plan to watch for any fallout. They may seek legal advice on possible claims against the county. Her aunt worries about others who lack strong family support. Not everyone can fight an extra 48 hours in jail. Tribal leaders say they will push for clearer rules to protect Native Americans from wrongful detainers.
Polk County officials said they will hold internal meetings. They aim to train staff to double-check names and birth dates. In addition, they want a quick process to remove incorrect detainers. Lawmakers may also reexamine the 287(g) program. They could tighten standards for when jails can honor ICE detainers. In the meantime, this near-deportation reminds us that simple mistakes can become major crises.
Frequently asked questions
What is an ICE detainer?
An ICE detainer is a request from immigration authorities asking a jail to hold someone for up to 48 extra hours. This gives ICE time to pick up the person for possible deportation.
Can a tribal member face an ICE detainer?
Yes. Even though tribal members are U.S. citizens, clerical errors or misidentification can lead to a detainer. Clear proof of citizenship should stop them, but mistakes still happen.
How did Leticia’s family stop the deportation?
Her family used social media and tribal networks to raise the alarm. Her mother stayed at the jail with her daughter’s birth certificate. Their persistence forced the jail to correct the record.
What changes might prevent future mistakes?
Jails could improve staff training and double-check identity details. Lawmakers might also tighten rules on when local jails can enforce ICE detainers. These steps could protect citizens from wrongful holds.