November 06. 2006 6:59AM
Bonding process tricky business for some

Paying bail confusing when immigration authorities are involved.


PABLO ROS
Tribune Staff Writer

GOSHEN -- Posting bail for someone who is wanted by immigration authorities has proven to be tricky business for many local residents.

Francisco Ramirez, 26, said recently that he's tried to post bail for his mother three times in the past two and a half months, each time being told that she would likely never be released because she was wanted by immigration authorities.

According to law, a jail may release a person wanted by Immigration and customs enforcement 48 hours after bond is paid, to give immigration authorities enough time to stop by the jail and apprehend that person.

But paying bond is risky. If an inmate is detained by immigration authorities within 48 hours, then he or she is placed in deportation proceedings. Whether the money is returned or a bondsman's liability cancelled is up to the courts, according to law.

Ramirez, like others interviewed for this story, said they don't know what to do: Should they pay the bond and risk losing their money? Can they do anything while their loved ones sit in jail for months before being deported? Could they even find a bondsman willing to help?

To pay

From a legal standpoint, paying bond could have some advantages, said lawyers interviewed for this story.

If bond is paid for someone who is then detained by immigration authorities within 48 hours, that person will be deported without a criminal conviction, said Juan Garcia Jr., a lawyer in Goshen.

Although it's difficult for anyone who has been deported to ever be readmitted into the country, it is tougher for people who have a criminal record, Garcia said.

Michael E. Durham, an immigration lawyer, said certain crimes like identity deception (sometimes charged against illegal immigrants who use someone else's Social Security number) forever make an applicant ineligible for citizenship.

Durham also said they make it difficult if not impossible for that person to return to the country legally.

Another advantage to paying bond is that, if immigration authorities do not respond within 48 hours, that person may more closely work with his or her lawyer to build a criminal defense, said attorney Tom Nuttle of Elkhart.

Nuttle said that when he has paid bond for a client, immigration authorities have failed to show up at the jail within 48 hours.

But ever since an informal agreement between the Elkhart County Sheriff's Department and Immigration and Customs Enforcement took effect in June, immigration agents have been at the jail on a weekly basis.

Not to pay

Some bondsmen interviewed for this story said they are leery of posting bond for someone who is wanted by immigration authorities because of the likelihood that person will not show up in court.

"If they're not a citizen and the bond is high, the flight risk increases," said David Hoevener, a bondsman in Goshen. "They could flee to Mexico just to avoid punishment."

In deciding to accept an offer of hire, Hoevener said he uses his best judgment, based on years of experience, or asks to see proof of citizenship.

Ramirez and others interviewed for this story said they would rather see their loved ones deported than in jail because they feel that their only crimes were to work and feed their families.

"I don't understand why he hasn't been deported yet," María Hernandez said of her husband, who has been at the jail for 2 1/2 months. "Others who were arrested after him have already been deported."

Judge Stephen E. Platt, of Elkhart Superior Court 2, said people wanted by immigration authorities who plead guilty receive a reduced sentence so they may be deported as soon as possible.

"Usually three months for whatever their crime is," he said. "Enough time to stay at the jail and then they're gone."

Not paying bond can sometimes be more expensive than paying it.

Adolfo López said that when he tried to post bail for his nephew, Sergio López, he was told that Sergio would likely not be released because he was wanted by immigration authorities.

Sergio, 24, who was arrested in September for driving without a license, spent a month in jail before Immigration and Customs Enforcement notified the jail that they were no longer interested in him. It's unclear why.

Sergio was subsequently tried in court and released.

During that time, however, Sergio lost both the trailer he was buying and his job. He said he is now trying to find a new home.

Staff writer Pablo Ros:
pros@sbtinfo.com
(574) 235-6555
http://link.toolbot.com/southbendtribune.com/22773