The Denver Sheriff’s Department refused to hand an illegal alien car thief over to Federal authorities. Now an innocent man is dead.

Early into his Presidency, Donald Trump signed an executive order instructing his administration to begin devising ways to withhold funding from cities and municipalities that refuse to cooperate with Federal immigration investigations. The Mayors of Denver, Aurora, and Boulder each promised to resist the executive order and maintain their ‘sanctuary city’ statuses. Sanctuary cities are municipalities that refuse to allow local law enforcement to cooperate with Federal immigration investigations. If Denver Police arrest someone who is in the country illegally, they typically don’t hand the accused over to Immigration and Customs Enforcement (ICE). Supporters of the policy argue that by refusing to turn those who've immigrated here illegally over to Federal authorities, they are able to foster a better relationship with the Hispanic community. They argue that immigrants are more likely to report crimes to police or cooperate with investigations without fear of deportation. Those who oppose sanctuary policies point out that this act of defiance puts the community at risk. The risk arises when illegal aliens commit crimes, they are released back onto the street. They argue that fostering a better rapport with the community does little to comfort crime victims.

Ever Valles and the 11:33 p.m. fax

In October of 2016, the Denver Sheriff’s Department arrested 19-year old Ever Valles on suspicion of car theft, illegal possession of a weapon, and eluding. When his name entered the database, the agents at Immigration and Customs Enforcement immediately flagged Valles as someone who was in the country illegally. Pursuant to former-President Barack Obama’s immigration directive, Ever Valles qualified for deportation because he had been charged with violent felonies. ICE agents delivered a detainer request to the Denver Sheriff’s Department, instructing them to give notification prior to Valles’ release so that Federal agents could take custody of the suspect. Five days before Christmas, the Denver Sheriff’s Department sent the ICE Field Office a fax at 11:33 pm notifying them of Valles’ impending release. Less than 26 minutes later, Ever Valles walked out of jail a free man. The agents at the ICE office in Centennial, CO did not receive the fax until an hour after the jail officials claim it was sent. Even if ICE had received it instantly, they wouldn’t have been able to get to the Downtown Denver jail in time to take custody of the suspect. An Immigration and Customs Enforcement spokesperson released a blistering response.

“At the time of his arrest, ICE placed a detainer with the Denver County Jail. The detainer wasn’t honored, and he was released by the jail Dec. 20, 2016, without notification to ICE. Valles is a known gang member whose gang history is documented in the Colorado gang database. Due to his criminal history and gang affiliation, Valles is an ICE immigration enforcement priority.”

The Denver Sheriff’s Department replied to the statement: “The Denver Sheriff Department balances the rights of persons in our custody with requests from other jurisdictions. But we are part of the criminal justice system and do not hold people on civil matters.”

Sheridan RTD Station Murder

Fast-forward to today. Ever Valles is once again in police custody, except this time he has been charged with murder. This past weekend, Valles was formally charged with murder in the first degree-robbery, murder in the first degree-kidnapping, second degree kidnapping, second degree kidnapping with a firearm, and aggravated robbery. Valles is one of the two men suspected of killing 32-year old Tim Cruz at a Denver light rail station on the morning of February 7.The two 19-year olds approached Cruz at approximately 1 a.m. wearing masks and carrying backpacks. Prosecutors argue that they robbed Cruz at gunpoint and then one of the men shot and killed him before leaving. Valles and his accomplice, Nathan Valdez, both appeared in court on Tuesday February 21 for an initial hearing.

Denver’s Sanctuary City Policy

This has thrust Denver back into the national spotlight for its sanctuary city policy. For the first time during the Trump Presidency, there is a direct link between a city’s sanctuary city policy and a murder. Ever Valles never would have been at that RTD station if the Denver Sheriff had honored the ICE detainer and turned the suspect over to immigration authorities. Both Presidents Obama and Trump both ordered federal authorities to prioritize deporting illegal aliens charged and convicted of serious crimes. Valles’ release came during the Obama Presidency. President Trump has instructed Homeland Security Secretary John Kelly to deliver to the White House a weekly write-up of those living in the country illegally who have been charged with serious crimes. The Trump administration has yet to respond to this case.  

Read more: Illegal alien seeks sanctuary from deportation within Denver's First Unitarian Church.

Max McGuire
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