West Virginia leaders stand behind ICE despite judges’ orders to release detainees

CHARLESTON, W.Va. (WCHS) — Two federal judges in the Southern District of West Virginia have now ruled that immigrants were illegally detained in West Virginia jails, and they may not be the only ones.

They’ve released four people, noting that the law is clear: All persons present within our country are entitled to due process.

More than 600 people allegedly in the United States and West Virginia illegally were taken into custody last month. The actions by Judges Joseph Goodwin and Thomas Johnston come as Congress debates new restrictions on federal immigration officers.

Senate Majority Leader John Thune and West Virginia Senator Shelley Moore Capito said that Democrats’ demands for new restrictions on ICE are “unrealistic,” even in the wake of violence and two deadly shootings in Minneapolis.

There’s concern the Department of Homeland Security will shut down next week if Democrats don’t work with Republicans and the White House. Democratic congressional leaders have come out with an expanded list of 10 detailed proposals.

West Virginia’s other Republican Senator Jim Justice backs ICE, but concedes mistakes have happened.

“As far as ICE in general, I think they’re doing a great job, but right behind all that and everything, you’ve got mistakes that are being made,” Justice said. “I just mentioned the body cameras, but we’re going to have to address other issues, because we don’t want bad things to happen to good folks. What we want to have happen is bad things happen to bad folks. I think there’s other issues and I absolutely believe in transparent investigations. We’ve got to stand there. I mean, come on.”

The immigrants from several countries contended they ended up in the regional jail because their due process rights were violated. ICE conducted a 15-day January enforcement action in West Virginia producing 650 arrests.