36 from plant raid released with ankle monitors (Chattanooga Times Free Press)

36 from plant raid released with ankle monitors
Friday, April 18, 2008
By: Perla Trevizo

The last time Felicita talked to her husband José, he said:
“I’m OK, there’s nothing you can do for me now. Take care of the baby and send me some clothes to Guatemala.”
José was in the custody of U.S. immigration agents when he called his wife, who asked that only the couple’s first names be used because they are in the country illegally. He was one of 311 workers arrested Wednesday at Pilgrim’s Pride Corp. chicken-processing plants in five states. He was among 100 arrested in Chattanooga.
U.S. Immigration and Customs Enforcement agents swept into the two Pilgrim’s plants here about 8:15 a.m. Wednesday and interviewed workers suspected of being illegal immigrants, according to agency officials.
Of the 100 arrested, 36 have been released with ankle-bracelet monitors as an alternative to detention, said Gail Montenegro, ICE spokeswoman.
The 36 foreign nationals were released for humanitarian reasons, she said. For example, they may be the primary caregivers of small children or have health problems. But they eventually will face a hearing before a federal immigration judge.
“During this process, we went to great lengths to carefully process and interview these people to identify those with humanitarian needs,” Ms. Montenegro said.
Miriam, who was separated from her 7-month-old daughter for more than 12 hours after her arrest at Pilgrim’s Pride, said the only thing that matters to her is to be with her baby.
“I feel humiliated by having to wear the bracelet,” said the Honduran. “Even if they hadn’t put this on my foot, I would have shown up to court and left if the judge says I have to leave, because I don’t want to lose my baby.”
Detainees probably will have hearings at the region’s two U.S. Immigration Courts in Atlanta and Memphis, said Robert Divine, Chattanooga-based chairman of the immigration group for the Baker Donelson law firm.
There’s only a very slim possibility that those arrested will not face deportation, said Mr. Divine, who was chief counsel of U.S. Citizenship and Immigration Services from 2004 to 2006.
An illegal immigrant may be allowed to remain here under a process known as “cancellation of removal,” he said.
“They need to have lived here for 10 years and basically been good, no criminal record, good moral character and have a legal parent, spouse or child who would suffer an exceptional and extremely unusual hardship if that person is removed,” Mr. Divine said. “But that’s on a case-by-case type of analysis.”
Most of the time, people are given the option of waiving their right to appear in an immigration court and then they are deported, he said.
“My biggest concern is to try to make sure that anybody who’s among these people have had a chance to understand what laws are available that may allow them to stay,” Mr. Divine said.
worried about children
Candelaria, who did not want to use her last name because she is in the country illegally, said she was one of those released because she is a single widow who takes care of her three children.
“I was very worried about them,” the Guatemalan woman said in broken Spanish. “One of their teachers had to call their godfather to pick them up from school.”
Candelaria said she is illiterate and her first language is a Mayan dialect, not Spanish. Most of the documents given to her after the arrest were in English, with few translations in Spanish.
“I don’t know how to read or write. I don’t know what I’m supposed to do now,” she said.
Her 11-year-old daughter Irma, a U.S. citizen, said her younger brother and sister cried when she told them what had happened to their mother.
“I don’t want her to leave. I don’t want to be separated from her,” Irma said, wiping tears from her eyes.
Noella Oberlin, a member of the Cleveland, Tenn.-based Tennessee Federation for Immigration Reform and Enforcement, said those who were arrested are responsible for the difficult situations their families now face.
“Although it is tragic that the children of illegal aliens suffer during raids, the responsibility for any discomfort falls upon their parents who choose to disobey our immigration laws and enter America and Tennessee without prior permission from our government,” she said.
At this point, none of the 100 Pilgrim’s Pride employees arrested here Wednesday face criminal charges or possible jail time, ICE officials said. Most of those arrested here are being detained — men in Lumpkin, Ga., and women near Nashville — while they await immigration court hearings for possible deportation.
At Pilgrim’s Pride plants in Texas and Florida, most of those who were arrested by federal agents Wednesday face criminal charges for identification fraud. But Chattanooga workers detained by agents face administrative charges for being in the United States illegally, Ms. Montenegro said.
“As our investigation continues, we may find some people who have previously been deported or otherwise committed a crime and could still face criminal prosecution,” she said. “But at this point, they are under administrative arrest and will appear in immigration court.”
If those being detained are determined to be in the United States illegally, they will be deported to their country of origin, Ms. Montenegro said.
People appearing in immigration court have a right to an attorney, but they must pay for their own counsel, according to Linton Joaquin, executive director of the National Immigration Law Center in Los Angeles.
organizations offer help
Since Wednesday night, several Tennessee and Georgia organizations, including some from Nashville, Knoxville and Dalton, Ga., have reached out to the families of those arrested.
“Illegal immigrants have rights, too,” said David Linge, co-chairman of the Jobs With Justice of East Tennessee, who came to Chattanooga on Wednesday night with his wife to offer their help.
The organizations are identifying people affected by the arrests, assessing their needs and raising money to assist with food, supplies and expenses, said the Rev. Mike Feely, director of the St. Andrew’s Center and a board member of La Paz de Dios, a Hispanic outreach organization.
The groups also plan to hold community forums to explain the legal process and discuss the rights of the detainees and their families, he said.
The Salvation Army, the Red Cross and various churches are among the organizations that have contacted Mr. Feely to see how they can help, he said.
“Something good has come out of all of this,” he said. “We’ve had people from all over the place calling us. It’s encouraging.”
Ms. Oberlin, of the immigration enforcement group, said she wonders if these organizations reach out in the same way to Americans.
“Do they reach out to our senior citizens who are left without TennCare, or to the children of American citizens who get arrested every day?” she asked.
Sylvia Rangel, who works with La Paz de Dios, said she has received more than 60 calls from people who are seeking help. People also have reached out to local companies such as Latin American Consulting Co., which offers translating and interpreting services.
“I had a couple of families come see me, asking me to translate and explain the documents to them,” said Netchie Lopez, co-owner of the company. “The first thing they ask me is if they need a lawyer and if they can leave voluntarily.”
Ms. Oberlin, who emigrated from New Zealand 37 years ago, said the foreigners who were arrested should have followed the law.
“If you wish to come to America, if you wish to live in Tennessee, you need to go through the process,” she said. “I’m an immigrant, I jumped through every hoop before I came here.”
Staff writer Dave Flessner contributed to this story.
HOW TO HELP
* La Paz de Dios is collecting supplies such as food for affected families.
* Notary publics are needed to help fill out forms.
* Financial donations can be made for families through an account set up at the Holston Methodist Federal Credit Union.
* For more information, call Stacy Johnson at (423) 314-4813, Sylvia Rangel at (423) 320-3636 or the Methodist credit union at (423) 697-1214.
DETENTION INFORMATION
Those looking for information about a relative’s detention status can call (866) 341-3858, a toll-free hot line set up by U.S. Immigration and Customs Enforcement.