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ICE arrests driver in fatal DWI crash after release from Meck County Jail

CHARLOTTE, N.C. — A man living in the country illegally is now in ICE custody just days after he was released from the Mecklenburg County Jail.

ICE arrested Jose Barajas-Diaz on Friday. Less than two weeks ago, he pleaded guilty to driving drunk without a license in a deadly crash in January on Central Avenue.

Barajas-Diaz was sentenced to six months, but was released on time served.

ICE had a detainer for him, but ICE said the Mecklenburg County Sheriff's Office refused to honor it. They said he was a serious public safety threat to the community.

ICE said "As long as criminal offenders are being released, they should get used to seeing a lot more ICE at-large enforcement activity in their communities."

“This is yet another example of a clear public safety threat being released into North Carolina communities rather than into ICE custody due to local sheriff policies on ICE non-cooperation,” Acting ICE Director Matt Albence said. “Continued decisions to refuse cooperation with ICE serve as an open invitation to aliens who commit criminal offenses that these counties are a safe haven for persons seeking to evade federal authorities, and residents of Mecklenburg County are less safe due to these misguided sanctuary policies.”

Sheriff Garry McFadden believes those detainers could be unconstitutional and won't comply unless a judge signed it.

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