Urgent ICE Detainer Error Nearly Deports Native American Woman

UPDATE: A shocking clerical error nearly led to the deportation of Leticia Jacobo, a 24-year-old member of the Salt River Pima-Maricopa Indian Community, just before her scheduled release from Polk County Jail in Des Moines, Iowa. Her family received the devastating news that immigration agents were set to take her into custody, despite her Native American heritage.

On November 11, 2023, Jacobo’s mother, Ericka Burns, visited the jail to confirm her daughter’s release after a month-long separation. To her horror, jail staff informed her that an ICE detainer had been issued against Jacobo, complicating what should have been a straightforward release process. “How is she going to get deported if she’s a Native American?” said Jacobo’s sister, Maria Nunez, expressing disbelief and fear over the situation.

Authorities revealed that the detainer was a result of a clerical mistake intended for another individual. Lt. Mark Chance, spokesperson for the Polk County Sheriff’s Office, stated, “It was human error,” and assured that internal discussions would be held to prevent similar incidents in the future. Fortunately, Jacobo was released just before 4:30 a.m. on November 12, 2023, after her family mobilized quickly to rectify the situation.

Jacobo, who was arrested for allegedly driving with a suspended license, had her tribal identification and Social Security number on file, raising questions about how such a mix-up could occur. Her case highlights ongoing issues with aggressive immigration enforcement that disproportionately affects Native Americans. Earlier this year, officials from the Navajo Nation reported that Indigenous people in Arizona and New Mexico faced similar detention experiences.

Nunez expressed concern that discrimination may have played a role in the mix-up, emphasizing that Jacobo had been booked in the same jail multiple times without issue. “It’s racial profiling because she’s been there before,” Nunez stated. “Why would they make a mistake with someone that’s constantly coming in?”

The use of ICE detainers has drawn scrutiny amid increased immigration enforcement under the previous administration, with a significant rise in detainers issued since early 2021. The detainers allow individuals to be held for an additional 48 hours after their scheduled release, raising constitutional concerns about prolonged detention without probable cause.

As Jacobo’s family breathed a sigh of relief, Nunez highlighted the importance of vigilance in such situations. “I just hope it doesn’t ever happen to someone else, with them not knowing they’re going to get deported,” she said. Jacobo is considering legal action regarding the erroneous detainer and its implications for her future.

This incident serves as a critical reminder of the complexities surrounding immigration enforcement and the need for accurate identification and communication within the justice system. With Jacobo’s release, her family is grateful but remains cautious about the ongoing risks faced by Native Americans under current immigration policies.