JENNINGS, La. — Friends and family of Oscar Mendoza, an undocumented immigrant and carpenter in Jennings, are seeking answers after Mendoza was held in jail days after making bail, only to be transferred to the custody of Immigration and Customs Enforcement.
Mendoza, originally from Mexico, was booked into the Jefferson Davis Parish Consolidated Jail on January 25. Despite bail being posted on February 6, which was paid for by efforts including his neighbors selling a car, he remained in custody and was picked up by ICE on February 11.
Michael O’Connor, a friend of Mendoza, expressed frustration with the process.
“He was a friend of mine, lived in the trailer park, and was just a really great guy that helped out a lot of people in the trailer park," O’Connor says. "I know a few times we needed help and he would come and help us out. He was a very nice man."
ICE detainers typically mandate holding an individual for up to 48 hours beyond their scheduled release, according to the agency's website.
“If ICE does not assume custody after 48 hours, the law enforcement agency is required to release the individual,” the statement states.
However, Mendoza was held longer—a fact O’Connor raised repeatedly with the jail's warden.
“I contacted the warden three times asking him to release him because his rights were being violated. He laughed at me and told me he wouldn't release him until ICE comes to get him,” O’Connor said.
We wanted answers as to why Mendoza was not released after he was bailed out, so KATC called and emailed the assistant warden, who said our emails would be forwarded to the warden. However, we never received a response, so we reached out to the sheriff, who oversees the jail.
Sheriff Kyle Miers of Jefferson Davis Parish stated that the jail was not notified of Mendoza’s bail until a day before ICE agents arrived to pick up Mendoza.
"He was brought to our jail, we facilitated him, he went to city court in Jennings. When we were notified about his bond, we contacted ICE; and they were here within 24 hours, they were here the next day when we knew about it," Sheriff Miers explained.
Sheriff Miers suggested KATC talk to the city court. We reached out with our questions:
- Can you tell me about the process when someone bonds out from jail through the city court? How long does it take for the holding facility to be aware of the bond in order to release the inmate?
- Why was the jail facility notified about the bond being paid days after? Is this a common procedure at the city court?
The Clerk of Court provided a statement to KATC:
"The City Court of Jennings sets bonds for alleged criminal defendants subject to its jurisdiction. The 'bonding out' process is handled independently by other agencies outside of the knowledge or control of the City Court of Jennings."
We followed up with additional questions but did not receive a response.
We also reached out multiple times to ICE Southeast Public Affairs Officer Lindsay Williams with questions regarding the process surrounding ICE detainer holds but did not receive a response.
KATC reached out to immigration attorney David Rozas, who is not directly involved in Mendoza's case, to gain insight into whether the 48-hour ICE hold procedure was properly implemented at the jail.
"According to public records, no. It shows that the bond was paid on the 6th. He should've been released at the latest on Monday, and according to public records it looks like he wasn't picked up by immigration until the Tuesday which means he was held unlawfully past his due date," he said.
Mendoza’s neighbors describe him as part of their community. One neighbor spoke to KATC anonymously, fearing retaliation from law enforcement.
“He was always finding a solution to the problem. He was always helping out everyone here. A hardworking man, really friendly with everyone. I don't know why that process happened. I think something unjust happened,” said the anonymous neighbor.
We also asked what legal recourse undocumented immigrants have if they are held longer than the 48 hour hold.
"I mean, technically, I think there's a 1983 action that can be done in federal court where someone can file suit for being held illegally. Whether or not they can get their day in court timely, I don’t know," Rozas said. "I’ve never seen that happen. I’m sure it happens in some states. I have not seen that specifically happen here when it comes to an ICE detainer. We often, through the last 20 years, filed habeas proceedings to be able to get them out and move the case forward, but I think technically it's a violation of their constitutional rights."
KATC spoke with Mendoza by phone. He informed us that after being picked up at the jail, he was taken to a detention center in Alexandria and was deported to Mexico. This left his neighbors missing his presence.
“People coming here, that are illegal immigrants. They’re normal people just like us, they have rights, and they should be treated right. That's what I think is not right from this situation," O’Connor concluded.
