St. Joseph County jail detecting more illegal immigrants
By MARY KATE MALONE
The St. Joseph County Jail is on track to double the amount of illegal immigrants in its cells from last year.


Story Created: Aug 1, 2010 at 3:48 AM EDT

(Story Updated: Aug 1, 2010 at 3:48 AM EDT )

If not for his grisly murder in May, authorities might never have known Miguel Ezekiel Rivera was an illegal immigrant living and working in South Bend.

Nor would they have known Elex Baltazar, his alleged killer, also was undocumented.

It wasn't until local authorities checked their names with federal immigration officers that they learned the suspect and his victim were living illegally in the United States.

The St. Joseph County Jail, more than anywhere else in the county, seems to be ground zero for detecting illegal immigrants.

"I always tell my clients, the best way for immigration to find out you're here is for you to commit a crime," said Rudy Monterrosa, an immigration and criminal defense lawyer in South Bend.

Indeed, jail officials are discovering an increasing number of inmates that are undocumented, records show.

This year, the jail is on track to double the number of illegals in its cells from last year. Currently, there are 14 men in the jail wanted by the federal Immigration and Customs Enforcement (ICE), records show.

Among them are accused robbers, burglars, murderers, sex offenders and drunken drivers.

Once they move through the local justice system, federal authorities will have 48 hours to pick them up from jail.

But how does the jail identify illegals?

Suspects brought to the jail who cannot provide identification or who are foreign-born are checked for citizenship through ICE, according to Assistant Chief William Redman.

"These people are brought in on criminal charges; we aren't hunting them down," Redman said. "And as a result of that they're being checked."

Parts of an Arizona law have sparked national controversy and protest rallies like one held earlier this week in South Bend. If the law survives court challenges, it would allow law enforcement officers to demand proof of a person's immigration status regardless of the reason for which he or she was stopped.

If a person is deemed illegal, ICE will generally place a "hold" on him, meaning he cannot be released from custody unless to immigration officials.

All of the 14 illegal immigrants in the jail are male Hispanics except for one, according to jail booking documents.

Their listed occupations include plumber, cook, car washer, laborer, waiter, meat cutter and unemployed, records show.

Some were involved with high-profile crimes this year, such as 19-year-old Miguel Perez. He was sentenced Wednesday to six years in prison last week for his role in a December shooting spree.

Perez will serve his time and then be picked up by ICE, Redman said.

But the increasing number of ICE holds has a flaw: It's expensive.

Each inmate in the jail costs the county about $38 a day, Redman said. Those with ICE holds, because they can't post bond and be released, are more taxing than U.S. citizens facing the same charges because they never leave.

"It is a financial issue at the local level for us, because we have to house them here," Redman said.

The increase of illegals at the jail might be the result of better detection procedures, attorney Monterrosa said, and is not necessarily indicative that more illegals are committing crimes.

But others say the jail's identification system is flawed.

Local immigration and criminal defense attorney George Caturla said he believes the jail is calling federal authorities on individuals committing petty crimes or minor traffic violations.

He said the jail's policy is "illogical" and inconsistent, though he said the St. Joseph County Jail is less aggressive than jails in Elkhart and Kosciusko counties.

Redman said there is no written policy for how the jail chooses when to contact federal authorities, but it is consistent. He said the policy "works and it helps."

Still, Redman said, it's possible that a suspect being booked at the jail could lie about his birthplace, fake a Social Security number and remain undetected.

For Caturla, the basic issue is one the nation is debating: to what extent, if any, should states enforce federal immigration laws?

"I would prefer states mind their own business and let the federal government take care of immigration," Caturla said.

Just last week, though, the federal government announced plans to expand a fingerprinting program that would make it easier for local jails to identify illegal immigrants.

Under the program, the fingerprints of every person booked into a jail would be run through the Department of Homeland Security, the Associated Press reported.

It is currently being used in 467 jurisdictions in 26 states, the AP reported.
Staff writer Mary Kate Malone: mmalone@sbtinfo.com

http://www.wsbt.com/news/local/County-j ... 11879.html