Urgent ICE Detainer Error Nearly Leads to Deportation of Native Woman

UPDATE: A serious clerical error nearly resulted in the deportation of Leticia Jacobo, a 24-year-old member of Arizona’s Salt River Pima-Maricopa Indian Community. Just hours before her scheduled release from the Polk County Jail in Iowa, Jacobo’s family learned she was wrongfully targeted by Immigration and Customs Enforcement (ICE) agents.

On November 11, 2023, Jacobo’s mother, Ericka Burns, visited the jail to confirm pick-up details. Instead of welcoming her daughter home after a month apart, jail staff informed Burns that Jacobo would not be released as planned due to an ICE detainer placed on her file by mistake.

The detainer, which was intended for another individual, caused confusion and panic within Jacobo’s family. “My sister said, ‘How is she going to get deported if she’s a Native American?’ and ‘We have proof,’” said Maria Nunez, Jacobo’s sister. “They said, ‘We’re just holding her for them. We don’t have any information.’” This alarming statement came as the clock ticked down toward Jacobo’s transfer to federal custody.

Jacobo, who was arrested on allegations of driving with a suspended license, was ultimately released just before 4:30 a.m. on November 12 after her family mobilized for help. Tensions escalated as they reached out to local tribal leaders and leveraged social media to raise awareness. They feared that without immediate intervention, Jacobo could be taken from them forever.

Initially, the jail staff appeared unhelpful, citing that they were not immigration officials and could not answer questions regarding the detainer. Fortunately, Lt. Mark Chance, a spokesman for the Polk County Sheriff’s Office, later confirmed that the ICE detainer was the result of a clerical error, reiterating that it was meant for a different individual booked at the same time.

“It was human error,” Chance stated, adding that discussions would occur internally to prevent similar mistakes. The Polk County Jail operates under a 287(g) agreement with ICE, allowing local law enforcement to assist in immigration enforcement, which has drawn increasing scrutiny.

Jacobo’s case underscores the dangers of aggressive immigration policies, especially for Native Americans. Reports indicate that Indigenous individuals have faced heightened scrutiny and possible deportation despite their citizenship rights. Nunez expressed skepticism about whether the mix-up was merely accidental, suggesting that it reflects a troubling trend of racial profiling.

“I do want to say that it’s racial profiling because she’s been there before,” Nunez asserted. “Why would they make a mistake with someone that’s constantly coming in?”

The family is now considering legal action as they remain concerned about the implications of this incident. Nunez emphasized that not everyone has a support system like Jacobo’s, highlighting the potential for similar injustices against those without family advocacy.

As Jacobo’s ordeal came to a close, she expressed relief at her release but remains apprehensive about her future. “I just hope it doesn’t happen to someone else, with them not knowing they’re going to get deported,” she stated. The incident raises urgent questions about the efficacy and ethics of ICE detainer policies, particularly regarding their impact on vulnerable populations.

As this story develops, many are calling for increased oversight of immigration detainers and better protections for Native Americans against wrongful detainment.