What standards does ICE use in determining the detention of illegal immigrants who commit crimes?

July 23, 2020. Bob Bianchi appeared on Fox News to discuss the details of a case out of Kerr County, Texas. This case involves an illegal immigrant who allegedly drove under the influence and killed 3 men and injured 4 others.

Robles Navejas, the man who allegedly caused the deadly crash, also has a fairly extensive rap sheet including aggravated assault and a previous DWI. This fact begs the question as to why he was not detained previously. Robles Navejas is now facing four counts of intoxicated assault with a vehicle and three counts of intoxicated manslaughter with a vehicle.

Bob Bianchi discusses the “stackability” of the charges against Robles Navejas which each carry up to a 20-year jail sentence. Bianchi also discusses the ambiguity surrounding the decisions made about who ICE detains and does not. Anecdotally, Bianchi reflects on his time as a prosecutor where he struggled to determine solid standards for ICE detention. Some illegal immigrants with minor offenses were detained, while those with more violent criminal activity were allowed to walk free.

In this case, ICE is quoted citing Robles Navejas’ pending status as a permanent resident for not detaining him or beginning deportation for the earlier offenses.