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Rdtf
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Joined: 13 May 2004
Posts: 2209
Location: BUSHville
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 Posted: Wed Apr 13, 2005 12:15 pm Post subject: 11 illegal aliens caught, then released in Fairfax, VA |
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This is the quandry that law enforcement faces with this stuff. There is a major illegal problem in Northern Virginia (where because of it's proximity to DC the average price of a small home is $500K!) and I can see now why it isn't changing for the better. Good luck ever finding them again.
http://www.washingtontimes.com/metro/20050413-121904-9792r.htm
| Quote: | 11 illegal aliens caught, then released in Fairfax
By Gary Emerling
THE WASHINGTON TIMES
April 13, 2005
Federal authorities released 11 illegal aliens who were detained during a traffic stop in Annandale because immigration officials said they did not pose a threat to the public.
"The 11 passengers were processed and released," said Ernestine Fobbs, a spokeswoman for the U.S. Immigration and Customs Enforcement (ICE) agency. "There were children involved, so it was better that we released them."
Authorities ordered the 11 Mexican nationals, three of whom are children, to return to immigration offices tomorrow for further processing. Ms. Fobbs said officials do not know where the illegals are in the meantime.
"It's up to them whether they come back," she said. "If they do not, they will be considered fugitives, and once we do encounter them again, they'll be removed from the United States. They stand to lose a lot if they do not appear."
The decision to release the aliens represents a larger struggle between local and federal officials on how to deal with illegal immigration, said Delegate David B. Albo, Fairfax County Republican.
"It highlights the problem that immigration violation is a federal offense and a state or county officer does not have the authority to detain them for a federal offense," Mr. Albo said. "You get your hands on them, and you have no authority to do anything."
A Virginia law enacted last year allows local law-enforcement officials to detain illegal aliens who are suspected of a crime, have been previously convicted of a felony or have been previously deported or left the U.S. after a conviction and illegally returned. Police also can detain illegals for up to 72 hours without bail until they are taken into federal custody.
Under the state law, there is no authority for a local law-enforcement officer to arrest a person solely for being an illegal alien.
A Fairfax County police officer found the aliens in a Dodge Ram van he stopped at about 8:45 a.m. Sunday at the intersection of Braddock and Ravensworth roads, police said. The officer stopped the van for making an illegal U-turn at the intersection.
While speaking to the driver, the officer learned that the group had been riding in the van nonstop from Arizona since Thursday, police said.
Police charged the driver, Emigdio Velasquez-Sargento, with three counts of child endangerment, driving without a license and failure to obey a highway sign.
Mr. Velasquez-Sargento, 22, was being held on $8,000 bail. Ms. Fobbs said Mr. Velasquez-Sargento will be turned over to ICE officials once the Fairfax County charges are dealt with.
Officer Bud Walker, a county police spokesman, said officers who detained the Mexican nationals on Sunday called ICE officials, who confirmed the aliens' illegal status.
"There might be suspicions, but given that we had access to an ICE official it was simply more expedient to let that person investigate their actual status," Officer Walker said. "If we had suspected the passengers in the van were involved in illegal activity, it would be different."
Lawmakers and immigration experts have said there are an estimated 200,000 illegal aliens in Virginia, which has an estimated population of 7.4 million.
In recent years, the Virginia legislature passed several laws that are more strict on illegal aliens.
Gov. Mark Warner, a Democrat, recently signed into law a measure that denies illegals public benefits including access to Medicaid, welfare and local health care services.
The law, which takes effect Jan. 1, requires state and local governments to verify the legal presence of those seeking nonemergency public benefits. It applies only to aliens 19 and older. Illegals of any age still will be eligible for emergency aid. |
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Rdtf
CNO
Joined: 13 May 2004
Posts: 2209
Location: BUSHville
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| Posted: Fri Apr 15, 2005 12:59 pm Post subject: |
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No Surprise
http://www.washingtontimes.com/metro/20050414-104146-3833r.htm
| Quote: | 11 illegal aliens fail to appear for court date
By Gary Emerling
THE WASHINGTON TIMES
April 15, 2005
Eleven illegal aliens who were released by federal authorities after a traffic stop in Fairfax County on Sunday did not show up for immigration proceedings yesterday.
"None of them came back, and I think that the fact that these aliens failed to appear showed the challenges of immigration enforcement," said Manny Van Pelt, a spokesman for the U.S. Immigration and Customs Enforcement (ICE) agency.
Mr. Van Pelt said about 30 percent of illegal aliens who are ordered to appear for immigration proceedings fail to show up. Of those who do appear, about 85 percent become fugitives if a judge orders them to be deported.
"We know full well that the honor system doesn't work and it doesn't make our job any easier when we're trying to focus on violent criminal aliens and trying to thwart terrorism," he said.
ICE officials had ordered the 11 Mexican nationals, three of whom are children, to show up for further immigration processing at the ICE agency in Northern Virginia yesterday morning. A Fairfax County police officer had found the aliens riding in a Dodge Ram van early Sunday morning when the officer had stopped the vehicle for making an illegal U-turn in Annandale.
That morning, ICE officials processed the aliens, but later released them and told them to appear at the ICE offices yesterday. Officials had said they did not know where the aliens were staying in the meantime.
There are about 465,000 fugitive illegals nationwide, Mr. Van Pelt said. ICE officials deported 157,281 aliens nationwide last year, he said.
"In this case, none of these aliens were criminals or threats to national security," he said. "We're committed to enforcing immigration law, but do we go after terrorists or gangs like [Mara Salvatrucha] to keep another 9/11 from happening, or do we go after day laborers? It's a challenge that requires balance and prioritizing."
Federal authorities will now issue a notice that will be sent to an address the aliens had given to ICE officials. If the aliens do not show up at any immigration proceedings, a judge will issue an order for their deportation.
The illegals will have 30 days to appeal the deportation ruling before federal authorities input the aliens' personal information into the National Crime Information Center as "fugitive absconders."
Any law-enforcement officials who come in contact with them would be allowed under the law to detain them until they are turned over into ICE custody and eventually deported.
Virginia state law allows local law-enforcement officials to only detain illegal aliens if they are suspected of a crime, have been previously convicted of a felony or have been previously deported or left the U.S. and returned illegally.
However, once the aliens are declared fugitives, any law-enforcement official can detain them and turn them over to ICE.
"They essentially forfeit their right to due process and if law enforcement comes in contact with them, they will be apprehended and placed into detention until they are removed," Mr. Van Pelt said.
The non-appearance by the 11 illegal aliens yesterday did not surprise state lawmakers.
"It seems so obvious to me that no one would show up," said Delegate David B. Albo, Fairfax County Republican. "It just highlights how much the federal government has completely dropped the ball on this whole issue. They get their hands on 11 [aliens] and they can't even grab them and throw them out of the country."
Delegate Jeffrey M. Frederick on Wednesday didn't expect the illegals to return for yesterday's court date.
"Yeah, right," the Prince William County Republican said. "When are we going to stop encouraging illegal activity?"
Delegate Vivian E. Watts, Fairfax County Democrat, said Wednesday the law limiting local officials in detaining illegal aliens is necessary to prevent illegals from being victimized by other criminals.
"The issue there is while you could be deported based on a felony record, in this instance, these individuals have not committed any felony," Mrs. Watts said. "If immigrants fear that they can be deported then they are very vulnerable to being victimized by people who are committing crimes" because they would not go to the police.
• Christina Bellantoni contributed to this report. |
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