ICE processes 57 arrested in raid as criminal charges are considered (Salt Lake Tribune)

ICE processes 57 arrested in raid as criminal charges are considered
By Roxana Orellana The Salt Lake Tribune
Article Last Updated: 02/09/2008 01:07:02 AM MST

Thirty cases will be forwarded to the Utah County Attorney's Office for possible criminal charges from Thursday's U.S. Immigration and Customs Enforcement (ICE) raid at a metal factory in Utah County.

"We expect most people arrested yesterday will be ordered for deportation eventually," said Tim Counts, ICE spokesman. "We intend to continue detaining all of those arrested while we are sorting through the cases and deciding which ones to present for prosecution."

Early Friday, ICE officials wrapped up processing of the 57 men arrested during a raid at Universal Industrial Sales Inc. in Lindon. The company makes metal highway signs and guardrails.

Counts said it would be up to the Attorney's Office to determine which of the 30 cases will be prosecuted for offenses, which could include identity theft, forgery and document fraud. A decision is expected within a week.

One man was conditionally released for health reasons. The rest remain in custody at the Utah County and Weber County jails.

"There is a whole range of different possibilities for custody status or release status while someone is awaiting their hearings," Counts said. "Those type of things may likely start happening next week."

What comes next for the detainees depends on each of their cases.

All 57 will be placed in deportation proceedings. The process includes the right to a hearing before a federal immigration judge, who makes the decision whether the person should be deported. If the person does not show up for a hearing, the judge can order deportation and a warrant for arrest. Another option is a stipulated removal in which the person chooses not to go before a judge, and a deportation order is written, signed and reviewed by a judge. Counts said ICE also may offer at its discretion voluntary departure for a detainee.

A person charged criminally will be transferred to the Utah County sheriff or the U.S. Marshal. If found guilty, the detainee could be given prison time and a fine. Once time has been served and fines paid, the detainee is turned back to ICE for deportation proceedings.