7 men face trespass charges, immigration probe (The Journal-News)

7 men face trespass charges, immigration probe

By Leah Rae
The Journal News • March 21, 2009

SOUTHEAST - Decrying "a human tragedy," Assemblyman Greg Ball yesterday joined a town supervisor, Town Board member and TV news reporter in walking to a wooded encampment, where they encountered seven homeless men under a tarp by a campfire.

The men were Spanish-speakers, but Southeast Councilman Dwight Yee said he learned through the reporter that the men were working and sending money home to family members. Ball issued a press release saying, "Where is the humanity? This black market economy hurts legal immigrants, strains taxpayers and most of all, exploits illegal aliens like this."

Shortly afterward, the seven men were arrested by the Putnam County Sheriff's Department, with citations for trespassing, a violation. Last night the men remained in custody and were being interviewed by federal agents about their immigration status, according to the department.

Ball, R-Patterson, said he could not communicate well with the men and did not in fact ask them about their immigration status. "They were from Guatemala, on the outskirts of the city. I explained how my best friend was from Guatemala City," he said.

The camp was in a wooded area between Argonne and Starr Ridge roads, a 17-acre parcel owned by Brewster Development Inc., Capt. William McNamara said. A number of encampments have been found in recent years around town, and have been the sites of incidents including a homicide by drowning and two deaths presumably due to exposure.

Police said Yee alerted them to the encampment Tuesday and they notified the landowner, who then filed a complaint. The men were arrested at 10 a.m. yesterday and accused of littering by the Southeast zoning code enforcement officer.

Six of the men said they were from Guatemala, and the other said he was a citizen of Ecuador.

Asked why the men were taken into custody on a violation, McNamara said, "None of the offenders was able to produce positive identification at the time of their arrest. In such cases, law enforcement officers will take reasonable steps to verify the identity of the offender before they are released."

Supervisor Michael Rights commended the property owner "for cooperating with law enforcement to allow us to address this illegal encampment." He called the conditions pitiful, noting the open fire in proximity to a residential neighborhood. Rights said he contacted the county Community Affairs Office to find a place for the men to stay.

Yee said they found a mattress, debris and human waste on the site, along with a bathing area by a river. Asked about the possibility that the men could face deportation, he said: "A lot of people say this has been a federal issue. This federal issue is going to be handled by enforcing local laws. And by these local laws we can close down these tattered encampment sites along the border of Brewster. By doing so, it actually alerts the community of what's happening."

"They may be better off in jail, where it's warm and they get three meals a day," he added.

Police said the men appeared to range in age from late 20s to mid-50s. They identified them as Joel Marco Lopez, Manuel Salvator Perez, Alfredo Salazar, Carlos Abzun Mendez, Evon Zhimani, Manuel Pinto and Julio Rivera.

"If they don't belong and they're violating the federal laws, then they get deported, yes," said Yee, a retired New York City police lieutenant.