Important News

ICE lodges detainer for man accused of killing North Carolina couple in alleged DWI crash

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Key takeaways

  • ICE lodged an immigration arrest detainer on January 17 for Juan Alvarado-Aguilar in Rowan County, North Carolina.
  • Local reports allege Alvarado-Aguilar crossed a double yellow line and struck a vehicle on January 16, killing 20-year-old Fletcher Harris and 19-year-old Skylar Provenza.
  • Alvarado-Aguilar is facing state charges for death by vehicle and driving while impaired (DWI).
  • He entered the United States on a temporary work visa in March 2020, did not depart when it expired, and has been placed in removal proceedings.
  • ICE requested the Rowan County Jail notify federal officers prior to any release so they can take custody.
  • DHS noted the reinstatement of ICE’s VOICE (Victims of Immigration Crime Engagement) office and provided a toll-free hotline (1-855-48-VOICE) for victims and family members.
  • Secretary Kristi Noem issued a statement linking the detainer to broader administration immigration enforcement priorities.

Follow Up Questions

What is an ICE immigration "detainer," and does it legally require a jail to hold someone for ICE?Expand

An ICE immigration “detainer” is a written request (Form I‑247/I‑247A) asking a jail or other law‑enforcement agency to notify ICE before releasing a person and to hold them up to 48 hours so ICE can assume custody. It is a request, not a federal warrant or court order — state/local agencies are not legally required by federal law to honor it, and many courts have said detainers carry no independent legal authority to hold someone beyond lawful custody. Jails that voluntarily hold someone on a detainer may face legal/liability risks if they detain beyond their authority.

What does being "placed in removal proceedings" mean and what steps follow that designation?Expand

Being placed in removal proceedings means DHS has filed charges (usually by serving a Notice to Appear, Form I‑862) that a non‑citizen is removable; the case is then heard in immigration court. Typical steps: service of the NTA, a Master Calendar hearing (procedural plea/scheduling), individual/merits hearings where defenses or relief (asylum, cancellation, adjustment, etc.) are adjudicated, and a final order (termination, grant of relief, voluntary departure, or removal). Detained respondents may have custody and bond issues handled by ICE while proceedings continue.

What services does the VOICE office provide and who is eligible to use its hotline?Expand

VOICE (Victims of Immigration Crime Engagement) is an ICE office that provides case updates, information, referrals and victim‑support services to victims and family members of crimes involving non‑citizens; it operates a toll‑free hotline (1‑855‑48‑VOICE/1‑855‑488‑6423) for eligible victims or family members seeking information and assistance.

Does lodging a detainer guarantee that the person will be deported, or can the individual remain in the U.S. while criminal charges proceed?Expand

No. Lodging a detainer does not guarantee deportation. A detainer is an administrative request to hold or notify ICE while criminal and immigration cases proceed. The individual can remain in state custody while criminal charges are litigated; removal (deportation) requires a final order by an immigration judge or other lawful removal order, and outcomes depend on criminal case results, immigration proceedings, and available relief.

What do the charges "death by vehicle" and "driving while impaired (DWI)" mean under North Carolina law and what penalties can they carry?Expand

Under North Carolina law, “death by vehicle” (often prosecuted as death by a motor vehicle) generally refers to causing another person’s death by operating a vehicle in a reckless or impaired manner; criminally negligent homicide or vehicular homicide statutes apply depending on facts. “Driving while impaired (DWI)” means operating a vehicle while impaired by alcohol or drugs (or above the legal BAC). Penalties vary by charge and aggravating factors: DWI can carry fines, license suspension, and jail; vehicular death charges can be felony offenses with prison terms—actual statutes and penalties depend on specific charges and prior record. (Specific statute citations vary by exact charge.)

Are county jails legally required to notify or transfer custody to ICE when a detainer is lodged, and what happens if they decline?Expand

No — county jails are not universally legally required to honor ICE detainers. Detainers are administrative requests; whether a jail notifies ICE or transfers custody depends on state/local policy or agreements (e.g., 287(g) or Memoranda of Agreement). If a jail declines to honor a detainer, ICE may attempt to arrest the person in the community after release; jurisdictions that refuse detainers have cited legal risk and court rulings about liability for unlawful detention.

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