Martin G. Garcia Leal is accused of raping a 12-year-old girl while her mom was at work in Burlington, Wisconsin. There is an ICE detainer holding Garcia Leal in the Racine County Jail.
Each day, from Sept. 25 through the presidential election, we’ll expose a non-citizen currently in a Wisconsin jail who is accused of committing a horrific crime. ICE placed immigration detainers on them. We are highlighting a range of serious crimes.
Weak Biden/Harris border policies on immigration, aided and abetted by politicians like U.S. Sen. Tammy Baldwin, have caused heightened attention to the issue. Every state is a border state.
FILE #11
The Accused: Martin G. Garcia Leal
Charges: 1ST DEGREE CHILD SEXUAL ASSAULT – SEXUAL INTERCOURSE WITH A CHILD UNDER AGE 13; EXPOSING GENITALS
Previous cases in Wisconsin: 2 counts of criminal disorderly conduct, ticket for operating without a valid license.
Details:
The criminal complaint alleges:
Burlington police were dispatched to a residence for a report of a 12-year-old girl being assaulted. A woman told police she tried to Facetime her daughter, but she believes the phone was answered by her 11-month-old daughter because she could only hear the younger child crying.
She then heard the victim LC say “Mom, mom” and saw her pulling up her shorts.
When she asked her daughter if she was okay, the girl appeared to be making excuses to get out of the same room as Martin and then told the woman that Martin had touched her. She immediately left work and returned home, the complaint says.
She told her mom that Martin had grabbed her by the waist and held her down. She eventually got away and ran to her room, the complaint says.
He followed her opened the door, grabbed her, and “began touching her,” it alleges. He pulled off her shorts and his own and there was skin-to-skin contact and he showed her his private parts, it says.
In an interview at the Child Advocacy Center, the girl accused Martin of having sexual intercourse with her, the complaint says.
Jail: Racine County Jail
Date of Offense: May 25, 2022 in Burlington, Wisconsin
Country of Origin: Mexico
ICE detainer: June 1, 2022
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ICE Detainers Plunge Under Biden-Harris
Illegal immigrants committing crimes is not a story that the corporate media and Vice President Kamala Harris want to tell, especially as border crossings have surged.
Under Biden/Harris, the number of U.S Border Patrol “encounters with migrants crossing into the United States from Mexico in December 2023” hit “the highest monthly total on record,” according to Pew Research Center.
The Biden administration issued just under 300,000 detainers from 2021 through the first quarter of 2024, a rising number, according to Trac Immigration, a project of Syracuse University. However, “overall 50 percent more ICE detainers were issued during the Trump presidency (FY 2017 – FY 2020),” Trac says.
Detainers “are critical for ICE to be able to identify and ultimately remove criminal aliens who are currently in federal, state or local custody,” ICE says. ICE detainers ask local law enforcement to hold a non-citizen inmate for 48 hours before release into the community so ICE can pick them up.
Inmates with detainers are only the people that ICE discovers and where ICE decides to act. Some jails, such as Dane County’s, don’t honor all ICE detainers and don’t give ICE 48 hours to pick up the inmates before release. At the other end of the spectrum stands a jail like Waukesha County, where the sheriff received federal immigration authority through a program called 287g.
ICE detainers “are often used as one indicator of the intensity of what is called ‘interior enforcement’ in contrast to ‘border enforcement,’ Trac writes.
Immigration and Customs Enforcement (ICE) “has long claimed that detainers, often called ‘immigration holds,’ are an essential tool needed to apprehend and deport individuals not authorized to remain in the U.S.,” the site says. “Detainers are supposed to be targeted at noncitizens who have committed crimes here in the U.S.”
In addition, the U.S. Border Patrol has arrested more than 15,000 criminal non-citizens in 2024 alone, including 27 murderers and 202 people for sexual offenses. But those are just the people they catch.
From 2006 to 2023, ICE placed detainers on more than 14,000 non-citizens living in Wisconsin, Trac says.
The first year of Biden-Harris saw the lowest numbers of ICE detainers issued since at least 2006. The Milwaukee and Dane County Jails had the most ICE detainers issued of any jurisdictions in Wisconsin during the time frame below, according to Trac.
The corporate media tend to focus on studies that show illegal immigrants commit crimes at a lower rate than non-citizens or they focus mostly on the other side of the coin – say, illegal immigrants whose labor helps keep dairy farms alive. The citizens who committed crimes had a right to be here; illegal immigrants did not. A tougher border policy might have prevented illegal immigrant crimes from occurring in the first place. The stories are worth telling.
“Although no federal law requires cooperation with ICE, many state and local laws, and sometimes court rulings, regulate compliance with ICE detainers,” The Immigrant Legal Resource Center says. Some states have made compliance mandatory, but Wisconsin is not one of them.
“Legally, the requirement of probable cause means ICE can only issue a detainer against (a) a noncitizen, who (b) is already ‘removable.’ A removable noncitizen is someone who can be put in removal proceedings for possible deportation,” the center says.
“ICE describes a detainer as a request to a ‘law enforcement agency to notify ICE before a removable individual is released from custody and to maintain custody of the noncitizen for a brief period so that ICE can take custody of that person,'” Trac says.
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