Former ICE director explains how detainee processing works
DENVER (KDVR) — FOX31 is now learning that 105 people were detained at an underground nightclub bust in Colorado Springs over the weekend. That's down from the original reported count of 114.
The Drug Enforcement Administration said 9 people had previous contact with immigration officials.
Law enforcement, local leaders react to underground nightclub bust
The Colorado Springs Police Department told FOX31 that two people were arrested on existing warrants. One was arrested for a warrant out of Denver for assault, criminal mischief, and child abuse. The other was wanted in Adams County for a misdemeanor.
John Fabbricatore, former ICE Regional Director, told FOX31 that when there are that many people in custody, the process can take a while, and it really matters where people are going.
He said that processing one single person with Immigration and Customs Enforcement, if it's the first time they've encountered them, can take up to two hours. If ICE is familiar with them and their information is already in the system, that process can be much shorter.
'Number one, an operation like that is in the works for many months,' said Fabbricatore. 'It was very professionally done. It looked like it was great collaboration and cooperation between multiple law enforcement agencies, multiple federal and county agencies.'
He said that for many of the detainees, if they only went into ICE custody with an immigration violation, they would be processed through.
'Their fingerprints would be taken. They'd be processed. Their biography, we call it biometric information, would be taken. They would be given an I-200, which is a warrant of their arrest. Arrested on immigration charges,' said Fabbricatore. 'They will be issued a notice to appear before an immigration judge. They would have a bond determination to determine whether they were bondable out from ICE custody, and then they would be placed in detention.'
Fabbricatore said that for those who have criminal charges, the process would look different. The detainees would be transferred over to federal authorities.
'Transferred over to the U.S. Marshals and indicted on those charges. Some of them may have gone to local custody. They may have had local warrants or if they were found with drugs in their possession at the time of arrest, potentially the county could have taken them into custody,' said Fabbricatore. 'So, there were definitely different pathways that people took that night to get in custody.'
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He went on to say that anytime someone is illegally present in the U.S. and taken into ICE custody, they will be processed for immigration violations at a minimum.
For others, it could take time for an indictment to come down, especially when dealing with weapons, drugs and sex trafficking charges.
Meanwhile, several active duty members of the military were also taken into custody. FOX31 emailed military officials and is still waiting for a response on what happens next.
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