WASHINGTON, D.C. – U.S. Senator Marsha Blackburn (R-Tenn.), along with Senators Thom Tillis (R-N.C.), John Cornyn (R-Texas), Mike Lee (R-Utah), Mike Braun (R-Ind.), Jim Inhofe (R-Okla.), Steve Daines (R-Mont.), Tom Cotton (R-Ark.), James Risch (R-Idaho), Kevin Cramer (R-N.D.), John Hoeven (R-N.D.), and James Lankford (R-Okla.) sent a letter to the Director of the U.S. Marshals Service (USMS) Ronald Davis demanding answers regarding a new policy permitting the release of illegal immigrants before they are apprehended by U.S. Immigration and Customs Enforcement (ICE). 

“We are deeply concerned to learn that USMS is even considering adopting a policy where it fails to cooperate with a fellow federal law enforcement entity,” the senators wrote. “The partnership between USMS and ICE is critical to ensure that dangerous, criminal aliens are detained and deported. Preventing USMS from communicating with ICE would be a dereliction of federal immigration enforcement, and we strongly discourage you from proceeding with this proposed policy.”

The senators continued, “The Biden Administration’s failed immigration policies continue to fuel a crisis on our southern border. Since President Biden took office, CBP has had 3 million encounters with illegal immigrants at our southern border. Further, there continues to be a growing number of ‘gotaways’ entering the country due to the chaos at the border. Recent reports indicate over 500,000 illegal immigrants evaded capture so far in fiscal year 2022 (FY22). These potentially dangerous, criminal aliens pose a significant risk to public safety, especially in states and communities that have adopted sanctuary policies.”

The senators concluded, “Even Department of Homeland Security (DHS) Secretary Alejandro Mayorkas has spoken out against dangerous sanctuary city policies. Speaking before the U.S. Conference of Mayors, Secretary Mayorkas acknowledged that some cities are releasing illegal immigrants, ‘even if those individuals pose a public safety threat,’ and that, ‘the public’s safety, the public’s well-being . . . is I think at issue.’ In light of this public safety risk, Secretary Mayorkas indicated he would be going to municipal leaders and ‘asking you to reconsider your position of non-cooperation . . .”

Read the letter here or below.

Dear Director Davis,

We write to you today regarding reports that the United States Marshals Service (USMS) is considering a new policy to permit the release of dangerous, criminal aliens before U.S. Immigration and Customs Enforcement (ICE) is able to apprehend these illegal immigrants. According to a recent report, USMS has drafted a new policy that would require the release of detained illegal immigrants even if ICE has issued a detainer request asking the USMS to hold these illegal immigrants until ICE is able to apprehend them.

We are deeply concerned to learn that USMS is even considering adopting a policy where it fails to cooperate with a fellow federal law enforcement entity. The partnership between USMS and ICE is critical to ensure that dangerous, criminal aliens are detained and deported. Preventing USMS from communicating with ICE would be a dereliction of federal immigration enforcement, and we strongly discourage you from proceeding with this proposed policy.

For years, cities and states across the country have pursued sanctuary city policies where they will refuse to cooperate with ICE. These sanctuary jurisdictions ignore ICE-issued detainer requests, and instead release potentially dangerous illegal immigrants into our communities.

The Biden Administration’s failed immigration policies continue to fuel a crisis on our southern border. Since President Biden took office, CBP has had 3 million encounters with illegal immigrants at our southern border. Further, there continues to be a growing number of “gotaways” entering the country due to the chaos at the border. Recent reports indicate over 500,000 illegal immigrants evaded capture so far in fiscal year 2022 (FY22). These potentially dangerous, criminal aliens pose a significant risk to public safety, especially in states and communities that have adopted sanctuary policies.

While the number of illegal immigrants crossing our southern border is shocking, there are also serious concerns about the number of these illegal immigrants with criminal records, gang affiliations, or terrorist records. So far in FY22, CBP has apprehended over 9,000 criminal aliens, including 53 for homicide or manslaughter, 283 for sex crimes, and almost 900 for assault, battery, and domestic violence. CBP also apprehended along the southern border 126 individuals on the terror watch list and 627 known gang members.

Even Department of Homeland Security (DHS) Secretary Alejandro Mayorkas has spoken out against dangerous sanctuary city policies. Speaking before the U.S. Conference of Mayors, Secretary Mayorkas acknowledged that some cities are releasing illegal immigrants, “even if those individuals pose a public safety threat,” and that, “the public’s safety, the public’s wellbeing . . . is I think at issue.” In light of this public safety risk, Secretary Mayorkas indicated he would be going to municipal leaders and “asking you to reconsider your position of noncooperation . . .”

In light of the overwhelming number of illegal immigrants entering through our southern border, the number of dangerous, criminal aliens being encountered, and even a warning from Secretary Mayorkas regarding the dangers of sanctuary city policies, we are deeply concerned about the proposed change in policies at USMS. As a matter of public safety and public policy, we request answers to the following questions by September 27, 2022:

(1) What specific changes to USMS policy are being considered regarding ICE detainer requests?

(2) Are you, in fact, contemplating a policy by which USMS would end cooperation with ICE and embrace sanctuary policies?

(3) Who at your agency, or any other federal agency, directed the review of this policy?

(4) Has there been consultation between USMS and its federal law enforcement partners at DHS and ICE? Do DHS and ICE support the proposed policy to no longer honor detainer requests? Why or why not?

(5) Have you collected data to justify this sanctuary policy? What information did you rely upon, and in what ways did you consider public safety and national security?

Sanctuary policies pose a serious threat to our communities and to our country. We look forward to learning more about the proposed sanctuary policy at USMS, and hope you and agency leadership will reconsider this policy change.

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