"The individual was not their criminal alien target. However, he was a 35-year-old illegal immigrant from Mexico who had ten previous traffic violations – including driving without a license.
“The officer made the determination using prosecutorial discretion that he would charge (the suspect) as being in the United States illegally and let the judge sort it out,” Crane said.
“That’s our place in the universe,” he said. “We’re supposed to make arrests and let the judges and the legal system sort through the details.”
Instead, two supervising officers, including the acting field director, intervened and ordered the officer to release the illegal immigrant. The acting field director sat down with the illegal and explained that he was going to be let go because he was not a “presidential priority,” Crane said.
In essence, the supervising officers took on the role of a public defender.
“You had the supervisors intervening with the alien to assist the alien and counsel the alien on avoiding receiving a charging document,” he said.
The officer’s supervisors ordered the officer to release the illegal – an order the officer refused.
According to a “Notice of Proposed Suspension,” dated July 19, the officer “failed to follow these supervisory instructions, when you arrested a non-targeted alien who did not appear to meet any of the ICE priorities.”................