ICE blames Charlotte mayor for decisions she does not control

CHARLOTTE, N.C. — Immigration and Customs Enforcement is attributing the death of a 15-year-old girl to “sanctuary policies” under Charlotte Mayor Vi Lyles and ascribing blame for judicial decisions she has no control over.

The federal agency criticized Lyles’ leadership in a Jan. 20 news release announcing the arrest of a Guatemalan man suspected in the fatal hit-and-run. Before ICE intervention, the suspect was released on bond and saw one of his charges dropped due to Charlotte leaders’ “soft-on-crime” policies, according to the release.

ICE doubled down in an X post Friday evening, saying in all caps that “MAYOR VI LYLES LET HIM WALK FREE.”

In reality, the city of Charlotte has no authority over bond procedure or charging decisions.

Judges set release conditions for inmates, not local leaders, a spokesperson with the District Attorney’s Office confirmed. Ethical rules prevent the office from commenting further on the case, he said.

The District Attorney’s Office makes charging decisions and can dismiss any charge for a number of reasons.

And state law prohibits Charlotte or any other North Carolina city from adopting sanctuary policies for undocumented immigrants, said Mecklenburg County Sheriff Garry McFadden, a frequent target of criticism from federal and local leaders over his interactions, or lack thereof, with ICE.

ICE stopped short of calling Charlotte a sanctuary jurisdiction, which is a label the Department of Justice reserved for 33 states, counties and cities based on policies the DOJ believes impede federal immigration enforcement efforts. Charlotte is not on that list.

ICE did not clarify which of Charlotte’s policies it considered sanctuary policies or what power the mayor has over them. Lyles cannot vote on city policy except in cases of a tie City Council vote.

Neither the federal agency nor Lyles responded to requests for comment.

“Federal officials again have created the same tactics (Word Salad) they have utilized for years, employing ambiguous language and definitions with no true factual basis,” McFadden told The Charlotte Observer in a written statement.

ICE arrests immigrant involved in hit-and-run case

Julio Cesar Xocop-Vicente, 40, allegedly struck Amber Paris with his car on Nov. 24 after speeding through a stop sign in an east Charlotte neighborhood, then fled the scene on foot, according to an arrest affidavit. He told police officers he ran because “he was afraid due to his immigration status.”

Xocop-Vicente does not have legal status, ICE said.

The Charlotte-Mecklenburg Police Department charged Xocop-Vicente with felony hit-and-run, reckless driving and operating a motor vehicle without a license, the Observer previously reported.

Court records show Xocop-Vicente posted a $10,000 bond, and the District Attorney’s Office dismissed his charge of driving without a license. A grand jury indicted Xocop-Vicente on the remaining two charges.

Paris suffered two broken legs, a severed artery and serious internal injuries, according to police. She died several weeks after the collision.

Immigration officials arrested Xocop-Vicente on Jan. 12 and initiated removal proceedings, which are pending, according to ICE. He had previously been charged with speeding, driving without a license and driving while impaired, court records show. Police and ICE also referenced a previous domestic violence case involving Xocop-Vicente, though details were not provided.

“Sanctuary policies have real consequences, and this is one of them,” ICE Director Todd Lyons said in the news release. “It’s heartbreaking, but this tragedy was preventable. ICE isn’t waiting for another tragedy to take action; we are out on the streets every day to arrest and remove public safety threats so this doesn’t happen to another child.”

Is Charlotte a sanctuary city?

McFadden rejected ICE’s characterization. Charlotte does not have sanctuary policies, he said.

State law requires jail administrators to determine the legal status of inmates if they are charged with certain crimes and to contact ICE if they are unable to determine their status.

North Carolina last year also passed House Bill 318 requiring sheriffs to cooperate more closely with ICE and giving immigration officials broader power to detain people under local custody.

“Attempting to establish a sanctuary city for undocumented immigrants would clearly violate North Carolina laws,” McFadden said. “The public is still being misled with ambiguous language to cause confusion among those who fail to read the law and only adhere to their personal opinions and beliefs.”

House Speaker Destin Hall introduced HB 318 amid a dispute between McFadden and ICE.

The Observer previously reported ICE required a notification 48 hours before individuals held on detainers got released from jail in addition to an initial call when local law enforcement tells ICE they’ve booked someone with questionable legal status. A detainer is a notice to law enforcement that federal immigration officials plan to take custody of an individual under local custody.

McFadden at the time said state law did not require him to make the second phone call. He previously told the Observer his office struggled with a lack of communication from ICE after it issued a detainer.

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