Jose Ortega-Romero
An update on an Omaha-area traffic death suspect under an ICE detainer.
The Douglas County Sheriff's Office says shortly after midnight Monday, the Douglas County Department of Corrections contacted ICE to inform them that 32-year-old Jose Ortega-Romero had posted bond.
ICE advised that DCDC informed them that, despite their federal 48-hour hold, ICE had four hours to pick up Ortega-Romero before he would be released.
Prior to his release, the Nebraska State Patrol, which has a formal agreement with ICE to provide transport functions, took custody of Ortega-Romero, who is currently housed at the Sarpy County Department of Corrections. Sarpy County has a detention arrangement with ICE to temporarily house detainees.
Ortega-Romero is accused of driving a pickup truck Sunday afternoon that ran a red light at Ida Street and Irvington Road, hitting 70-year-old Christopher Szalkowski's car. Christopher Szalkowski died from injuries suffered in the crash. Ortega-Romero was booked on charges that include no operator’s license and misdemeanor motor vehicle homicide.
In a news release, the DCSO says a number of people have asked them if "Sarah’s Law," named in honor of Sarah Root, has impacted this case.
The Sheriff's Office says the answer is yes, and no.
"Sarah’s Law," as passed federally, requires that federal agencies, in this case ICE, take custody of illegal immigrants who are arrested on any offense that causes death or serious bodily injury.
However, federal law only dictates the actions of the federal government. The Douglas County Sheriff says county corrections, under the oversight of the Douglas County Board of Commissioners, is not mandated to comply with detainer requests or holds.
Sarah Root was killed in Omaha in 2016 by an intoxicated undocumented driver, who fled the country after being released on bond.
(Pictures from Douglas County Sheriff)