By Darrell Kirk

Sounder contributor

A longtime Orcas Island resident was detained by the U.S. Customs and Border Patrol officers on June 27 in what local advocates say appears to violate both Washington state law and San Juan County ordinances.

The man, identified as Leobardo (or Leonardo) Fabian Sanchez Cervantes, was on a private boat when Coast Guard and Border Patrol officers conducted a routine inspection. After checking his Washington state driver’s license, Coast Guard officers asked about his immigration status. When Cervantes admitted his visa had expired, he was transferred to a CBP vessel and taken to Bellingham, then reportedly to the Tacoma Immigration Detention Center.

Advocates have been unable to locate Cervantes in the federal detention system, raising concerns he may have been transferred to Alaska as part of Immigration and Customs Enforcement’s response to overcrowding at the Tacoma facility. Operated by the GEO Group, it is reportedly at capacity with 1,750 detainees — well above its comfortable capacity of 500-750. The Seattle Times reported that I.C.E. has begun flying detainees to Alaska.

“We’ve been unable to locate him,” said Eleanor Hoague, a retired immigration attorney and volunteer with the local rapid response network. “There is a means by which you can locate individuals, which is called the ICE Locator System. You either have to have a number for him or you have to put in data about his name and his date of birth.”

San Juan County Councilperson Justin Paulsen emphasized that this action has “caused an immense amount of anxiety in our community and especially amongst Leo’s friends and family on Orcas.”

“What is most critical at this point is trying to locate Mr. Sanchez so that we can assure that he receives the representation and due process that he is entitled to. Every resident of San Juan County should feel safe in our community, and I will be working with the various entities in our County Government to ensure that our policies and procedures are properly aligned with State Law and County Code,” he said.

The detention appears to violate Washington’s “Keep Washington Working” law, which prohibits state and county officials from working with, contacting or providing information to I.C.E. or CBP.

San Juan County has a similar ordinance prohibiting any county employee or elected official from cooperating with immigration authorities.

Statement from Sheriff Eric Peter

On the afternoon of June 26, Sheriff’s Boat #2, being operated by Sgt. Peterson and Deputy Fowler, was on a Stone Garden patrol with two U.S. Coast Guard law enforcement officers and one Customs & Border Patrol Officer.

They conducted a vessel stop/inspection on a boat heading into West Sound that fit the description given to us by the Feds of small, fast, runabout-style boats they have found to be used for drug, gun and human trafficking.

The boat was found to be occupied by two males, one operator and one passenger. The Customs and Coast Guard personnel tied Boat 2 up to their boat and conducted all of the talking and information gathering from the two males on board the stopped boat. The two SJCSO personnel kept control and operation of our boat while the Customs and Coast Guard personnel conducted the investigation. I was informed by Sergeant Peterson that the USCG and CBP personnel first spoke with the boat operator before moving on to speak with the passenger.

Once the SJCSO personnel were made aware that the USCG and CBP investigation of the passenger turned into an investigation into an immigration investigation over an issue of overstaying a visa, Sgt. Peterson immediately informed the USCG and CBP personnel that we would not be a part of their immigration investigation and that they needed to get one of their agency boats out to the location quickly because we were going to untie from the boat and end our investigation. The federal agencies requested one of their boats to respond and it was determined that it was going to take longer than we were willing to stay tied to this boat for their boat to arrive and we were ready to untie. The federal personnel on board were instructed by their supervisors to board the stopped vessel and wait for their boat with additional personnel to arrive.

Once the USCG and CBP officers boarded the stopped vessel, we backed away approximately 100 feet from the boat and stood by as scene security for the safety of the federal officers on the stopped boat, as allowed by law, until the USCG cutter arrived and our SJCSO personnel cleared from the scene. At no time during this interaction were the two men on the stopped boat brought onto the Sheriff’s boat and none of the Sheriff’s Office personnel boarded the stopped boat.

The San Juan County Sheriff’s Office is committed to serving and protecting all members of our communities and to adhering to RVCW 10.93.160 Immigration and Citizenship status-Law Enforcement agency restrictions. This commitment was exemplified by Sgt. Peterson by immediately notifying command staff of this situation and our actions to quickly remove ourselves from the CBP and USCG immigration investigation.

The San Juan County Sheriff’s Office has partnered for several years for this federally funded Stone Garden Grant. This federal grant for safer boating includes trying to increase boating safety and trying to combat drug, gun and human trafficking. These activities have included working with some federal partners including the U.S. Coast Guard, Homeland Security Investigations, the Washington Department of Fish & Wildlife, and Customs & Border Patrol. At a recent U.S,/Canada Border Summit last month, some of the main problems identified were drugs and human trafficking, passing through the waters inside San Juan County.

The San Juan County Sheriff’s Office also received a “Federal Pass-Through Grant” of approximately $750,000 around 2013 to utilize for the purchase of new boats to replace the old and outdated boats that cost more to repair multiple times every year than they were worth. Federal Pass-Through Grant basically means it is federal money, passed through the state to us. This year the San Juan County Sheriff’s Office received approximately $87,750 from the Stone Garden Grant which is a Federal Emergency Management Agency grant run through the state military department, and we share a portion of this with WDFW.

I read through the Stone Garden Grant agreement which states the following:

“Per the Manual, responsibilities of the Subrecipient include:

“Integrate law enforcement partners from contiguous counties and towns into their tactical operations to expand the layer of security beyond existing areas.

“Must comply with compliance reviews and compliance investigations. I saw nothing that states that we are required to have federal agencies on our boats while conducting grant funded activities.”

In order to remedy this kind of situation and any conflicts with federal agencies going forward, the San Juan County Sheriff’s Office will no longer authorize federal agencies that may be conducting immigration investigations, unknown to us, that are in conflict with state law and with San Juan County Policy on our boat patrols.

Immigration enforcement is not the primary purpose of state and local law enforcement agencies, and the San Juan County Sheriff’s Office will no longer be placed into this kind of conflict by having federal agencies bound by different directives, on our boat patrols.

The San Juan County Sheriff’s Office sincerely hopes that this situation of the person detained by CBP and USCG gets resolved quickly so he can return back to his family and the life he has built on Orcas Island.

Community response

The incident has sent shockwaves through Orcas Island’s immigrant community. Cervantes, who goes by “Leo” among friends, has lived on the island for years and has no family but many friends in the community. His detention has left his American employer without a worker and has heightened fears among other immigrants about traveling by water.

“It has put everyone on alert about using private boats and about the ferries. And it has raised the temperature of fear …. If this man would not have been non-white, this never would have come up. Absolutely,” Hoague said.

Because Cervantes entered the United States legally, even though he overstayed his visa, he has legal rights that should entitle him to a hearing and may provide him with relief from deportation. However, advocates say the current political climate has made such protections uncertain.

“Because he came in legally, even though he overstayed, he has legal rights that should provide him a hearing and may provide him some relief,” Hoague noted. “So it’s extremely important that we get him an attorney as soon as possible. Especially because ICE is no longer really following rules. They’re just winging it.”

Local volunteers have established a 24-hour hotline (360-298-8500) for reporting immigration enforcement activity to prevent rumors from spreading through the community. The rapid response network is coordinated through a group of volunteers who work to verify reports and provide assistance.

The incident represents only the second verified immigration detention on Orcas Island during the two-term Trump presidency, according to Hoague. The previous case involved a man married to a U.S. citizen who was in the process of legalizing his status when he was detained returning from nearby Trump Island — ironically named and unrelated to the president.

As the search for Cervantes continues, the case highlights the tension between federal immigration enforcement and state and local laws designed to advance the rights of immigrant communities. The economic impact is already being felt, with employers unable to find workers and concerns about the broader effects on the island’s economy.

“People have come here, have worked, have committed no major crimes … and have become part of the community,” Hoague said. “I have friendships with immigrants that are deeper than most of my American friends, and I’m not alone. This is why a number of people have gotten together, that they have friends and employees that are part of their family, and to rip them apart now and ruin our economy is inhumane.”