PORTLAND, OR (KPTV) - U.S. Immigration and Customs Enforcement and Multnomah County are at odds over a prior arrest and release of a man who is now accusing of murdering his wife.
The body of Coral Rodriguez-Lorenzo, 38, of Portland, was found in a ditch on Southeast Camp Namanu Road near the Sandy River in the Bull Run-Sandy area Sunday morning.
Her husband, Martin Gallo-Gallardo, 45, was subsequently arrested on the charge of murder.
Deputies said he confessed to killing his wife. Court documents state Gallo-Gallardo drove with his wife into Clackamas County after they had an argument, pushed her and stabbed her multiple times.
Gallo-Gallardo pleaded not guilty in court Tuesday.
On Friday, ICE reported Gallo-Gallardo is in the country illegally and should not have been released from the Multnomah County Jail after a prior arrest in March. He was accused of assaulting his wife in that case.
In a statement, ICE said, “It’s unfortunate that law enforcement agencies like the Multnomah County Jail refuse to work with ICE to promote public safety by holding criminals accountable and providing justice and closure for victims. Sanctuary policies not only provide a refuge for illegal aliens, but they also shield criminal aliens who prey on people in their own and other communities.”
ICE reports the agency placed an “immigration detainer” on Gallo-Gallardo on March 6, following his arrest on the charge of fourth-degree assault.
“The Multnomah County Jail did not honor that detainer and Gallo Gallardo was released on bond on March 8,” according to ICE.
The Multnomah County Sheriff’s Office disputes ICE’s claims, stating, “At no time prior to his court authorized released did MCSO receive a civil detainer or a criminal warrant from ICE that would have allowed us to keep him in custody. If federal immigration authorities had reason to keep Martin Gallo-Gallardo in custody they failed to take the steps necessary to make that happen, including entering information into any law enforcement criminal databases. We received no communication from ICE in regards to Martin Gallo-Gallardo.”
ICE reported later Friday that they had faxed the civil detainer to the sheriff's office, but Sheriff Mike Reese said that resulted in an error message on the transmission.
"Let's start using good technology," Reese said.
An ICE spokesperson provided a transmission verification report of the fax in question to show that it was sent and the cover page was legible. The fax includes the message, "check readability of transmitted pages 1,3."
Multnomah County officials also stated that no Oregon jail can hold someone on a civil detainer, and “The U.S. Attorney's Office knows this, ICE knows this, but they persist in pursuing this failed strategy.”
“Federal officials had ample time to do their job. They had his name, address, and telephone number,” according to the Multnomah County Sheriff’s Office.
ICE officials allege they asked for a 48-hour notice prior to Gall-Gallardo's release, but they were not given that.
"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. 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," according to ICE.
FOX 12 spoke with Juliet Stumpf, a professor at the Lewis & Clark Law School, who said these detainers are simply "requests," and to hold someone based solely on one would violate the Fourth Amendment.
Deputies said the initial assault case involving Gallo-Gallardo was taken to a grand jury, “However, we were unable to hold him accountable without the cooperation of the victim.”
“This a terrible tragedy for her and her children. We remain committed to building a relationship of trust with immigrant communities so they feel comfortable sharing their story. Public safety needs to be for all,” according to the sheriff’s office.
A GoFundMe account was created to help pay for Rodriguez-Lorenzo’s funeral expenses.
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