Traffic cases settled, but deportations loom (Boston Globe)

Traffic cases settled, but deportations loom
Minor offenders snared in immigration program aimed at serious crimes
July 03, 2011|By Maria Sacchetti, Globe Staff

One early evening in May, a Boston police officer arrested Lizandra DeMoura for traffic violations and driving without a license. In another city, she might have been booked and released for a court hearing. But in Boston, the 18-year-old was jailed overnight, taken to court, and handed over to federal immigration agents, who hauled her away in chains.

Now she is facing deportation to Brazil.

"'I felt like an animal," DeMoura, who has lived here since she was a child, said in a recent interview in her lawyer's office in Boston, wearing an electronic monitoring device around her ankle.

Her case - one of three to emerge in recent weeks - lies at the center of the contentious debate over Secure Communities, a federal program pioneered in Boston that uses fingerprints supplied by police and other law enforcement agencies to detect illegal immigrants.

The cases disprove for the first time claims by Boston Police Commissioner Edward F. Davis that the federal program, as implemented by the city, is only being used to root out serious criminals.

After the Globe presented him with these examples last week, Davis urged US Immigration and Customs Enforcement to halt deportation proceedings against them. Davis said Boston joined the program to sweep out violent criminals, and would withdraw if cases such as DeMoura's are widespread.

"I'm disappointed with what I'm seeing," Davis said, adding that he has asked the immigration bureau to review the noncriminal cases.

Though critics of illegal immigration encourage police to enforce immigration law, Davis said he only wanted to target criminals. A broader net, he said, would discourage ordinary immigrants from reporting crime. "I don't want people to feel that they have to fear the police, no matter what their status is."

US Immigration and Customs Enforcement did not respond to questions about Davis's concerns. But spokesman Chuck Jackson said the agency recently announced changes to Secure Communities to more tightly focus it on serious criminals, including a new advisory committee that will make recommendations about whether the US government should pursue immigrants stopped for minor traffic violations.

Jackson pointed to several cases that he said Boston police helped bring to light. These included a 2009 case when Boston police helped find a Jamaican man, a violent gang member with a drug conviction. He had illegally reentered the country after being deported, a federal crime, and is now serving 57 months in prison for that offense. He will be deported when the sentence is completed.

Officials launched Secure Communities in 2008 to automatically check the fingerprints of everyone arrested through immigration databases. The computer system alerts Immigration and Customs Enforcement when someone is here illegally, and the bureau decides whom to detain for deportation. The program, piloted in Boston in 2006, has expanded to more than 40 states. Boston is still the only Massachusetts community participating.

Catching serious criminals is the bureau's stated top priority under the program, which federal officials plan to implement nationwide by 2013 as mandatory even for states that object. But officials have said that anyone under arrest who is here illegally could be deported.

Because of concerns about racial profiling and high numbers of noncriminals being deported under the program, Governor Deval Patrick last month followed the governors of New York and Illinois in rejecting Secure Communities for state law enforcement. Massachusetts, however, turns over convicted criminals to Immigration and Customs Enforcement once their sentences are served.

Federal statistics show that 183 of 352 immigrants deported from Boston since 2008 - or about 52 percent - had no criminal record, much higher than the national average of 29 percent.

"If the goal is to get the bad people off the street, nobody can object to that," said DeMoura's attorney, William Joyce, a former Boston immigration court judge who is fighting her deportation. "The problem is they don't seem to be getting the right people."

Supporters say Secure Communities has become a valuable tool in fighting crime. Since 2008, the program has deported 30,000 violent Level 1 criminals nationwide, including murderers and rapists, and thousands of others convicted of lesser crimes. In Boston, the program swept out 96 such criminals and 73 more convicted of lesser crimes.

Jessica Vaughan, director of policy studies for the Center for Immigration Studies, a group that favors stricter controls on immigration, said she believes cases such as DeMoura's are the exception. Had Secure Communities been fully deployed, she said, it might have prevented the brutal rape of a Rhode Island woman in 2008 by an illegal immigrant from Guatemala, or this year's savage murders of a Brockton woman and her son in which police indicted a man from Ecuador. Both men had past arrests.

"The benefits that the program offers in being able to more easily find all of the really serious cases far outweighs the very tiny risk that a sympathetic case might get caught up in the system," she said. "Though the case might seem sympathetic, they're still here illegally."

Advocates for immigrants say that in Boston, Secure Communities makes immigrants afraid to report crime. The Massachusetts Immigrant and Refugee Advocacy Coalition, an umbrella group, and others have urged Boston to withdraw from the program.

"End the program. It doesn't work," said Heloisa Galvao, executive director of the Brazilian Women's Group in Allston. "We had this idea that Boston was friendly to immigrants. This program, it tells the opposite. We really feel betrayed."

The Globe documented three cases of immigrants stopped for minor traffic violations and then arrested on charges such as driving without a license, a misdemeanor punishable by up to 10 days in jail and up to a $1,000 fine. All were picked up by Immigration and Customs Enforcement and none had criminal records. In each case, charges were dismissed or the person was found not responsible.

Lindomar Da Silva, a 36-year-old laborer who came to America 10 years ago from Conselheiro Pena, a small town in southeastern Brazil, was stopped in April for turning into a Burger King without signaling.

Da Silva said he spent several days in jail and had to pay a $5,000 bond to the federal government - money he hopes they will return to him.

The episode was in stark contrast to an encounter with the State Police the year before, when another driver rear-ended Da Silva in Everett. Court records show that Da Silva was issued a citation for driving without a license and released. He said he never heard from federal immigration authorities.

Now he is fighting deportation in federal court.

"There are more cases happening here [like mine]," Da Silva said. "There are more people in the jail, people like me, but they didn't have money to get out."

Also in April, police stopped Leonardo Machado, a construction worker from Brazil, for having a broken brake light and arrested him on charges of driving without a license. His voice faltered as he recalled a sudden swarm of police officers around the truck and his subsequent delivery to federal immigration offices in Burlington.

He said he was so traumatized by being put in chains that he signed a voluntary deportation order agreeing to leave the United States at his own expense.

"I think it's better I go back to Brazil," he said. "I don't want to be here anymore."

DeMoura said she is terrified that authorities will send her to Brazil, where she does not speak the language. But she also feels lost in America, where she is ineligible for a driver's license and college scholarships. Feeling helpless, she dropped out of high school and took a cash-only job as a secretary.

She had lived a quiet life until that night in May, when she borrowed her mother's car to drive to a friend's house to print out dance instructions for a church performance. A police officer in Charlestown stopped her for allegedly going through a stop sign and speeding at 40 miles per hour. She was arrested on traffic charges including driving without a license.

She spent the night sobbing on a concrete bench in a Boston jail. The next day a judge dismissed the charges and immigration agents took her to their Burlington headquarters for processing. They affixed a tracking device to her ankle that was finally removed almost two weeks ago. The device made it hard to ride her bike.

Now, she is making plans to return to school and trying not to think about her future.

"It just scares me a lot," she said, twisting tissues in the lap of her yellow sundress. "I've been here all my life."

​Feds Raid L.A. Union Station for Illegals, Tweeters Claim; 'Union Station' Starts Trending on Twitter (LA Weekly)

​Feds Raid L.A. Union Station for Illegals, Tweeters Claim; 'Union Station' Starts Trending on Twitter
By Simone Wilson Fri., Jul. 1 2011 at 12:45 PM

[Update, 2:30 p.m.: The Twitterverse is still a complete mess of warnings that ICE is raiding Union Station for illegals, all seemingly based on one call received by KPFK radio. The U.S. Marshals Service says it wasn't them. Amtrak police say they were only on their usual "24/7" patrol.]

[Update, 1:30 p.m.: Jorge Mario Cabrera, of CHIRLA, says he has confirmed with witnesses that the checkpoint was actually not run by ICE, but a different law-enforcement agency -- wearing black, with dogs in tow -- checking IDs and/or tickets after the LAX scare yesterday. Headline has been modified to include new information; it previously read, "ICE Raids L.A. Union Station for Illegals." Cabrera says it's great that KPFK radio "now has an open line that folks can call and report this type of thing" -- but it will need some honing. Indeed: Today was a lesson in how fast these things can blow up. Cabrera says this "could have been a trial, or an actual operation -- a sweep or something." We're still trying to figure out which agency was at the station.]

Ah, the modern age of Immigration and Customs Enforcement (ICE) evasion!

We've got online manuals on how not to get deported, Facebook-fueled rallies to keep fellow aliens in country -- and now, a Twitter stream of checkpoint warnings so steady it became a trending topic.

At about 10 a.m., civilians and immigrant-rights orgs began Tweeting reports of an ICE raid, or checkpoint, at Union Station in downtown L.A. By noontime, "Union Station" was trending.

"At Union Station, we're dealing with people of low means, who don't have money for a car," says immigration attorney Robert Perkins, who joined the Twitter stream to inform Angelenos of their rights. "And there are a lot of shops ... at which illegal immigrants might be working."

ICE did not respond to immediate requests for comment. Updates to come as they're available.

Many Tweeters indicated they got confirmation of the "raid" from KPFK radio, though no further announcements have been broadcast since we started listening at about 12:15 p.m.

Perkins' legal assistant says he has gotten multiple confirmations, from people either at the station or passing by, that ICE is conducting an immigration checkpoint.

The attorney himself says it's not technically illegal for ICE agents to request IDs from passerby, but if the ID is, say, from Mexico, they might consider that "reasonable suspicion" to believe the person is undocumented, and might then ask for their papers.

One Twitter user says:

[click to see original article]

​Though immigrants have the right to ask for a trial before deportation -- during which they could be granted citizenship due to longtime residency, kids in the U.S., lack of criminal history, etc. -- many are either unaware of those rights or are scared to cause a disturbance.

"The area there is a neighborhood with a lot of Latinos," says Perkins. So his biggest question is: "How are they conducting this? If I walked in, as white and Jewish as can be, would they ask for my ID?"

If you were at Union Station today or know anything about the "raid," please contact us.

Willcox BP makes smuggling arrest (Arizona Range News)

Willcox BP makes smuggling arrest

Published: Friday, July 1, 2011 12:45 PM CDT
Carol Broeder/Arizona Range News

On Sunday, Willcox Station Border Patrol agents working at the State Route 90 Checkpoint discovered an illegal immigrant from Mexico hiding in the trunk of a car.

Agents had asked the driver, a 29-year-old female United States citizen, to open the trunk during primary inspect, said spokesman Jason A. Rheinfrank.

When she began to act nervous, she was referred to secondary inspection, leading to the discovery, he said.

The illegal immigrant was taken into custody and will be processed for removal, said Rheinfrank.

The driver was also taken into custody and is being prosecuted for alien smuggling, he said.

The day before, agents assigned to the Willcox Station apprehended a Mexican illegal immigrant who admitted to being a member of the Sureno 13 street gang, Rheinfrank said.

The Integrated Automated Fingerprint Identification System (IAFIS) revealed a prior misdemeanor conviction in California.

The subject is being processed for removal, he said.

On Friday, June 24, Willcox agents working the Highway 191 checkpoint encountered a drunk driver after he failed to stop at the primary inspection point, Rheinfrank said.

Agents contacted the state Department of Public Safety, they arrested the driver, a U.S. citizen, who was charged with Driving Under the Influence (D.U.I.) with a suspended license, he said.

Since launching the Southwest Border Initiative in March 2009, the Department of Homeland Security has made significant investments toward establishing a secure and safe border environment and improving the quality of life of affected communities throughout the state of Arizona.

The Border Patrol appreciates the assistance of the community. Report suspicious activity by calling 1 (877) 872-7435. All calls will be answered and will remain anonymous.

Immigrant hangs hopes on 'Dream Team' to stay (Charlotte Observer)

Immigrant hangs hopes on 'Dream Team' to stay
Young activists back CPCC student's deportation appeal.

By Franco Ordoñez

Posted: Friday, Jul. 01, 2011

A 22-year-old Central Piedmont Community College student facing deportation has placed his future in the hands of a group of his peers - also young, also here illegally.

Erick Velazquillo says they're his last hope to stay in the country that's been his home since he was 2.

Velazquillo, who graduated from South Mecklenburg High, was arrested in October. The charges: failing to dim his headlights and driving without a valid license. He is now in the process of being deported.

On July 19, he'll ask an immigration judge and federal prosecutors to not send him back to Mexico.

He said two Latino organizations and several lawyers advised him not to fight for fear he would receive greater immigration penalties.

Instead, he turned to a statewide group of young activists, known as the "N.C. Dream Team."

The Raleigh-based group, whose slogan is "Undocumented and Unafraid," thinks it can help. Velazquillo's case is their first Charlotte initiative.

Inspired by the Civil Rights movement, the Dream Team is part of a national push by young people to the front of immigration reform.

They've confronted legislators, launched hunger strikes, and even announced their illegal status to draw attention to their demands.

They are calling for passage of "the Dream Act," a legal change that would make it easier for young people to become U.S. citizens if they attend college or join the military.

And they say they are fed up with established Latino advocates whom they accuse of botching earlier bipartisan support for the act.

"We've had enough," said N.C. Dream Team co-founder Viridiana Martinez of Sanford. "We know we're taking risks, facing arrest every time we come out. But we have to speak out for ourselves. Because if we don't do it, someone else is going to do it. And that has gotten us nowhere."

The group formed last summer during a 13-day hunger strike in Raleigh to draw attention to the Dream Act. The name stands for Development, Relief and Education for Alien Minors.

Velazquillo learned of the group through his sister, Angelica. She attended the Dream Team's "coming out" rally in March, and shared her brother's story with the members.

The Dream Team plans to broadcast Velazquillo's appeal to their 1,100 N.C. supporters. But as many as 10,000 people are likely to learn about Velazquillo through the group's affiliated networks nationwide.

Erick Velazquillo, who is studying to be a nutritionist, said he's never been back to Mexico.

"It is scary," he said. "The only people I know over there are my grandmother who is 72 and my grandfather who is 74. ... What am I going to do?"

Discretion over deportation

The Obama administration has deported almost 800,000 people in the last two years. While the Dream Act failed last fall, the administration has made it clear that they don't want to deport college-age students who have not committed major crimes.

Some 800,000 established immigrants - including about 51,000 in North Carolina - would be covered by the act. But the bill has languished in Congress for 10 years.

Two weeks ago, U.S. Immigration and Customs Enforcement announced it was encouraging agents to use "prosecutorial discretion" for young illegal immigrants who are seeking college degrees.

The authorities are now instructed to give "particular care and consideration" to individuals "present in the United States since childhood."

Team has allies, sees 'bully'

The Dream Team includes some U.S.-born allies.

Domenic Powell grew up in Charlotte and graduated from Hopewell High.

The 24-year-old, whose mother is Mexican-American, helps run the group's blog and media relations.

Powell, a UNC Chapel Hill graduate, said his reasons for becoming involved are simple: "I don't see how you can remain silent when this is happening to your friends."

In January, member Loida Ginocchio-Silva, 23, confronted U.S. Sen. Kay Hagan during a visit with constituents.

"Your vote against the Dream Act was a denial to our existence," she said in the exchange caught on video. "It was a denial to my future."

Hagan, a Greensboro Democrat, told Ginocchio-Silva that she supported the Dream Act, but as part of a comprehensive reform package.

Hagan did not answer specific Observer questions about the Dream Team. She was one of five Democrats who voted to block the Dream Act in December. But comments from her staff indicate a possible softening of her position.

"Her mind is open to any sensible, bipartisan initiative that moves the country and North Carolina forward," spokeswoman Stephanie Allen said. When state Rep. Dale Folwell, a Winston-Salem Republican, sought to collect immigration data on K-12 students, the Dream Team dubbed him "North Carolina's biggest school bully."

Folwell said the goal of the measure, which was dropped, was to show the costs of educating illegal immigrants.

"People get tired of the simplicity of this, but $1 spent on an illegal is $1 taken away from a law-abiding citizen."

Ron Woodard, head of NC Listen, which advocates for greater immigration enforcement, said the students should be confronting their parents instead of making demands on the American people.

"Every illegal immigrant who gets into college here is going to displace a U.S. citizen because there are not enough seats," he said. "The right thing to do is not disenfranchise an American citizen."

Team's success and arrests

The Dream Team has been inspired by recent successes.

The group led a campaign on behalf of Fredd Reyes, a Guilford Technical Community College student who was awaiting deportation in Georgia.

Reyes was released in November after federal officials received more than 3,500 emails in his behalf.

Some traditional Latino groups say they applaud the young people's drive but question their methods.

Maudia Melendez of Jesus Ministry in Charlotte said the students take too many risks.

"I don't want to see their future broken because of what they're doing," she said. "Once you announce you're undocumented ... they can come and get you."

In April, two members of the Dream Team were arrested in an Atlanta demonstration. Martinez and Jose Rico, a student at Wake Technical Community College in Raleigh, joined five other undocumented peers who sat down in the middle of a street and announced they were in the country illegally.

"We're not ashamed anymore," Rico, 21, told the Observer. "We need to tell everyone that we exist, that we're undocumented, and put a face to the issue."

ICE picks up three locally during May operation (South Coast Today)

ICE picks up three locally during May operation

DAN McDONALD

July 01, 2011 12:00 AM

U.S. Immigration and Customs Enforcement is holding three men who were arrested locally during a recent operation targeting illegal immigrants with criminal records.

A 53-year-old man, originally from Portugal, was arrested May 16 in Fall River. A 47-year-old man from Brazil was arrested on that same date in Fall River. Both were charged with larceny and await deportation.

A 35-year-old man from Guatemala, meanwhile, was arrested May 15 in New Bedford during the same operation. He is charged with felony assault and awaits "further immigration proceedings." ICE did not elaborate or release any names.

All three are still in ICE custody.

The operation was part of a seven-day sweep that led to the arrests of more than 2,400 convicted illegal immigrants from all 50 states during May.

Chuck Jackson, a Boston-based ICE spokesman, said 55 people were arrested in Massachusetts as part of Operation Cross Check. About 175 federal, state and local officers took part in the arrests throughout New England, according to Jackson.

About 22 percent of those arrested nationwide during the operation were immigration fugitives, meaning they were convicted criminals with outstanding orders of deportation who had failed to leave the country, according to ICE.