Urgent ICE Mix-Up Nearly Leads to Deportation of Native American

UPDATE: A serious immigration error nearly led to the deportation of 24-year-old Leticia Jacobo, a member of the Salt River Pima-Maricopa Indian Community, just hours before her scheduled release from Polk County Jail in Iowa. Jacobo, who was arrested for allegedly driving with a suspended license, faced an erroneous ICE detainer that could have resulted in her deportation despite her Native American status.

On November 11, 2023, only a day before her release, Jacobo’s mother, Ericka Burns, received distressing news from jail staff: Jacobo would not be released but instead handed over to federal immigration agents. “They said, ‘We don’t know because we’re not immigration,’” recounted Maria Nunez, Jacobo’s sister, voicing the family’s panic as they scrambled for help.

Jacobo, born in Phoenix, Arizona, was due to be released at 4:30 a.m. on November 12, 2023. The mix-up occurred when ICE mistakenly placed a detainer meant for another individual on Jacobo’s file, according to Lt. Mark Chance of the Polk County Sheriff’s Office. “It was human error,” he stated, emphasizing that the jail would conduct internal discussions to prevent future incidents.

The situation escalated quickly as Jacobo’s family mobilized to prevent her transfer. With the Veteran’s Day holiday complicating communication, her relatives reached out to tribal leaders and utilized social media to raise awareness. Burns even presented Jacobo’s birth certificate to jail officials to assert her daughter’s rights.

The 287(g) program, which allows local law enforcement to collaborate with ICE on immigration enforcement, has drawn criticism in recent years. Critics argue that detainers, which can extend custody for up to 48 hours without probable cause, often lead to wrongful detentions of U.S. citizens and vulnerable populations. Jacobo’s case highlights the dire consequences of aggressive immigration practices, particularly for Native Americans.

Nunez expressed skepticism over the explanation given for the detainer, suggesting that discrimination may have played a role. “I do want to say that it’s racial profiling because she’s been there before, they have a rap sheet on her,” she stated, noting that Jacobo had identification and had been previously booked at the same jail without incident.

Despite the resolution of this case, concerns linger about the treatment of Indigenous individuals in the immigration system. The ICE field office in the Midwest has not addressed whether they verify detainers for accuracy or how they ensure that Native Americans are not wrongfully detained.

As the family celebrates Jacobo’s release, they remain vigilant about the implications of such errors. “I just hope it doesn’t ever happen to someone else,” Nunez expressed, reflecting the emotional toll of this ordeal.

This incident serves as a critical reminder of the ongoing challenges within the immigration enforcement system and the need for greater accountability to protect vulnerable communities. The family’s swift action prevented a potential nightmare, but many others may not have the same support or resources.

Stay tuned for updates on this developing story as it raises significant questions about immigration practices and human rights protections for Indigenous peoples across the United States.