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02-26-2009, 10:39 AM #1
Illegal immigrant who was shackled while giving birth sues
After she was arrested in Metro for driving without a license and shackled while giving birth in custody, Juana Villegas de la Paz was told she could stay free so long as she checked in monthly with immigration officials.
Now the illegal immigrant has learned that she'll be deported the next time she checks in, and she's suing the Department of Homeland Security for failing to provide her with a copy of her immigration file.
The suit, filed this week in U.S. District Court in Nashville, asks a federal judge to order the department to turn the file over so Villegas can defend herself against the immigration enforcement.
"I think we need to slow down, take a look at the inequities of this situation, and see if something cannot be worked out that's a win-win for all persons involved," said Elliott Ozment, Villegas' attorney.
Villegas is a Mexican native who immigrated illegally back to the United States after she was deported in 1997. In July 2008, she was arrested in Berry Hill after a traffic stop. She was issued a traffic ticket and booked for driving without a license while nine months pregnant.
The Davidson County Sheriff's Department held Villegas under their immigration enforcement program, which puts illegal immigrants under a federal detainer and sends them to federal custody when their local charges are settled.
She gave birth several days later while still in custody, and jail officials said she was treated as a medium security inmate — handcuffed and shackled during transport to the hospital and one leg shackled to the bed during a portion of her childbirth.
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Policy changed
Villegas has four children, all of whom are all American citizens.
After the case received national attention, the Sheriff's Department changed its policy on restraining pregnant women. Now, officials say, women are shackled only during transport if there's credible information they may try to escape.
According to Ozment, Villegas has been checking in monthly with officers from the U.S. Immigration and Customs Enforcement agency. When she went this month, they told her to come prepared in March to be deported, Ozment said.
Ozment said he filed a Freedom of Information Act request last year with the federal government to get a copy of Villegas' immigration records. He had not received those files by Wednesday afternoon, he said.
He expects the lawsuit to result in the speedy delivery of the files he says he needs to help Villegas fight the enforcement.
"I think there is some flexibility involved in when you eventually move on a deportation order," Ozment said. "I still don't know why the decision was made to do this now. … There are some things about this case I would suggest would warrant slowing this train down and taking another look at this case."
Policy changed
Villegas has four children, all of whom are all American citizens.
After the case received national attention, the Sheriff's Department changed its policy on restraining pregnant women. Now, officials say, women are shackled only during transport if there's credible information they may try to escape.
According to Ozment, Villegas has been checking in monthly with officers from the U.S. Immigration and Customs Enforcement agency. When she went this month, they told her to come prepared in March to be deported, Ozment said.
Ozment said he filed a Freedom of Information Act request last year with the federal government to get a copy of Villegas' immigration records. He had not received those files by Wednesday afternoon, he said.
He expects the lawsuit to result in the speedy delivery of the files he says he needs to help Villegas fight the enforcement.
"I think there is some flexibility involved in when you eventually move on a deportation order," Ozment said. "I still don't know why the decision was made to do this now. … There are some things about this case I would suggest would warrant slowing this train down and taking another look at this case."
http://www.tennessean.com/article/20090 ... /902260345
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02-26-2009, 10:56 AM #2
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Villegas has four children, all of whom are all American citizens.
She can take her anchor babies back to Mexico with her. Bye Bye....."Ask not what your country can do for you but ask what you can do for your country"-John F. Kennedy
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02-26-2009, 11:24 AM #3
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They should turn around and sue her for medical bills. Call me crazy, but I doubt she would have paid them. Then they should tack on the cost for the sherriff's to guard her. Maybe then she'd drop that stupid lawsuit and disappear across the border.
I didn't notice anything about a husband, but mentions 4 anchor babies. Gee, I wonder how much of a net drain on taxes she is?
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02-26-2009, 11:28 AM #4She gave birth several days later while still in custody, and jail officials said she was treated as a medium security inmate — handcuffed and shackled during transport to the hospital and one leg shackled to the bed during a portion of her childbirth.
Why is there no mention of the husband?"The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**
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03-03-2009, 04:03 PM #5
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This invader is the poster child as to why we need to secure our borders and enforce our immigration laws! God only knows how much this woman has cost the tax payers of this country, with her multiple anchor babies and complete disregard for any of our laws!
Why isn't this scofflaw being prosecuted for felony re-entry after a formal order of deportation ?
"I think we need to slow down, take a look at the inequities of this situation, and see if something cannot be worked out that's a win-win for all persons involved," said Elliott Ozment, Villegas' attorney.
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