More than a dozen individuals, reportedly in the United States illegally, have been booked into the Burleigh Morton Detention Center by agents with U.S. Customs and Immigration Enforcement (ICE) since Monday, September 21. Jail records indicate that 12 men and one woman, ranging in age from 19 to 58, were taken into custody. Nine of the arrested individuals reportedly have addresses in Bismarck. One man lists an address in St. Cloud, Minnesota, while addresses for three others were not listed or unknown.
The Burleigh County Sheriff’s Department reported making arrests of two illegal immigrants on Tuesday, September 22. Major Jim Hulm with the sheriff’s department stated that his agency was contacted last week by Homeland Security Investigations (HSI) regarding individuals allegedly in the U.S. illegally. In response, the department assigned an investigator to act as a liaison with ICE/HSI and provided assistance as needed. Bismarck police spokesperson Lieutenant Luke Gardiner confirmed that the Bismarck Police Department was aware of increased local activity by ICE agents but had not been asked to assist with any recent enforcement actions.
Among those arrested, two were identified as employees of Charra’s and Tequila, a restaurant located in north Bismarck. A man representing the restaurant uploaded a Facebook post on Tuesday, stating that two employees were taken into ICE custody earlier that day. The post did not specify if the employees were at work when they were apprehended. The Charra’s representative stated that the arrested employees are not U.S. citizens but possessed “valid, unexpired work authorizations.” He added that other employees were “very upset, very worried,” and “scared.” A separate printed post, reportedly from the business’s owner, claimed that the two employees have permanent resident status to legally live and work in the U.S., with one identified as the owner’s nephew.
Following the arrests, the owner announced that Charra’s will be temporarily closed. The post cited shock among the “entire team is in shock” and fear among many employees, even those legally present, prompting the need for time to process events, plan, and organize next steps.
U.S. Attorney Nick Chase recently informed that immigration enforcement activity is not uncommon in North Dakota. He noted that the number of related cases has actually decreased in recent years, despite the increased visibility of ICE operations. According to the Clerk of the U.S. District Court, 12 immigration-related cases, including those involving illegal immigrants, were opened from January 1 to August 31 this year. Chase recalled that during a previous tenure in the U.S. Attorney’s office, handling nearly 100 such cases annually was not unusual.
Chase explained that individuals arrested for being in the U.S. illegally are often charged in federal court. These individuals make initial court appearances before a U.S. Magistrate Judge, where they are advised of their rights and offered legal representation. They can be held in custody, similar to other criminal defendants, until their case is presented to an immigration judge. Many may choose to waive an indictment handed down by a grand jury, a process that can expedite proceedings by allowing a plea based on a criminal information report. This report, prepared by law enforcement or a prosecuting attorney, is reviewed by a judge to determine if a crime has been committed. Earlier this year, four men arrested in Minot, Williston, and Watford City appeared before U.S. District Court Judge Daniel Hovland, waived their indictments, pleaded guilty, and were ordered deported less than 60 days after their arrests.
Other individuals, who are already subject to an administrative removal order previously issued by an immigration judge, typically do not have criminal cases opened. Instead, they are usually transferred to a deportation facility, according to Chase. The Department of Homeland Security (DHS) states that administrative removal orders are commonly used for individuals who are not legal U.S. residents and have prior felony convictions, often involving violence, drugs, or firearms. Most people in administrative removal do not appear before an immigration judge but are given a chance to present information, including documents or sworn statements, to challenge the charges. If successful, DHS will suspend the administrative removal process, and the individual will then appear before an immigration judge.
Deputy Jail Administrator Major Trent Wangen with the Burleigh County Sheriff’s Department previously stated that the Burleigh County Jail routinely houses federal inmates from ICE and the U.S. Marshal’s Service under an existing contract. Wangen explained that many of these inmates are held temporarily before being transferred to another facility as their immigration cases proceed, or to locations for eventual deportation.
An ICE spokesperson did not immediately respond to a request for comment on the recent enforcement activity. Federal court records do not yet indicate how many of the 13 individuals arrested this week will have criminal cases opened.
