A man detained on an immigration hold in the Tulsa County jail says he’s imprisoned illegally, but officials say he won’t be going anywhere until the courts determine if that’s the case.
Salvador Franco-Gomez entered the United States as an undocumented immigrant in 1992 when he was 19. He since married, had three children and held multiple blue collar jobs while living in Oklahoma City. He last worked in construction, according to his attorney.
Franco-Gomez was placed into removal proceedings in 2012 after he was in a car that got pulled over, but paid bond for release. The Mexico native had an immigration hearing scheduled for February 2021, but it was cancelled due to the COVID-19 pandemic and was not rescheduled.
He was arrested by ICE in April after voluntarily reporting to a check-in, according to court documents, as President Donald Trump continues an aggressive push to reform immigration policy.
In Franco-Gomez' petition filed against Homeland Security, ICE and county officials, attorney Robert Gifford argues ICE cannot revoke a bond set by a judge. Gifford also argues his client has “no significant criminal history.”
“Because Mr. Franco continues to satisfy all bond conditions and has not violated any terms of release, his detention is unlawful and he must be immediately released,” the petition states.
In a response, ICE Acting Field Office Director Joshua Johnson argued an attorney general may “revoke such a bond, re-arrest the alien under the original warrant, and detain the alien.” Johnson claimed an immigration court denied Franco-Gomez’ application to adjust his legal status.
Gifford disagrees, and claims the application is still pending.
“ICE cannot revoke him or touch him unless he does something such as he commits a new crime, or his immigration status has changed,” Gifford said Friday.
Tulsa County Sheriff’s Office spokesperson Casey Roebuck said in an emailed statement Tuesday that Franco-Gomez “must remain in the jail” until his petition is resolved.
‘Whack-a-mole’
Gifford argues Franco-Gomez is at risk of not having legal representation if he’s moved from the Tulsa County jail.
David L. Moss Criminal Justice Center can currently hold undocumented detainees transported from other jurisdictions for 72 hours.
“DHS/ICE is removing individuals to certain facilities and then continues to move them to other facilities as a game of ‘whack-a-mole’ that prevents counsel to seek relief and as a means to even hide individuals from their families until they are removed out of the United States,” Gifford argues in a footnote in the petition.
In his response, Johnson said Franco-Gomez is held in David L. Moss beyond the normal 72 hours because of his filing.
“In order for Franco-Gomez to have immigration court hearings or a bond hearing, he will need to be transferred to another detention facility, likely an ICE detention center outside Dallas, TX,” Johnson’s response says.
Gifford argues Franco-Gomez doesn’t have to be transferred because “he hasn’t done anything wrong.”
“They turn and say, ‘Well, he can still get his due process.’ Well, that doesn’t seem to be happening throughout the United States, so I’m not really sure we can take them at their word,” he said.
Should the sheriff be involved?
Amid the legal battle between Franco-Gomez and ICE, Tulsa County’s sheriff says he shouldn’t be involved in the proceedings.
Gifford named Sheriff Vic Regalado in the petition because Franco-Gomez is held in the jail, which is under his purview. He also said Regalado is involved because Franco-Gomez has been in jail for more than 72 hours.
“You’re illegally holding somebody for more than 72 hours. You know it’s illegal. You need to act,” Gifford says.
But Roebuck argued Regalado has no control over detainees like Franco-Gomez.
“(Franco-Gomez) is in ICE custody,” Roebuck said. “The sheriff has no authority over ICE detainers.”
Sheriff's officials said in April they are working to form a contract that would allow them to hold ICE detainees indefinitely.
