Cobb sheriff obtains warrant for illegal KSU student

by Brandon Wilson
bwilson@mdjonline.com
May 13, 2010 12:00 AM |

Cobb authorities are looking to re-arrest Jessica Colotl, the illegal immigrant enrolled at Kennesaw State University who sparked a media storm since the story of her initial arrest and subsequent release broke in the Journal.

The Cobb County Sheriff's Office obtained a warrant for the arrest of Colotl, 21, of Duluth, at about 6 p.m. Wednesday. According to the warrant, Colotl is charged with making false statements when she was booked into Cobb Jail on March 30. The offense is a felony.

According to the Cobb Sheriff's Office, authorities are following every lead in the search for Colotl, who friends say has lived in the United States since she was 7, when her parents came to Atlanta illegally in 1996 from southern Mexico

"It is sad that Ms. Colotl's parents chose to enter the United States illegally and ultimately put her in this position" Sheriff Neil Warren said. "However, Ms. Colotl knew that she was in the United States without authority to be here and voluntarily chose to operate a vehicle without a driver's license, which is a violation of Georgia law. She has further complicated her situation with her blatant disregard for Georgia Law by giving false information."

Colotl was stopped for a traffic violation on KSU's campus on March 29 and cited for impeding the flow of traffic. She was arrested the following day when she could not present a valid driver's license.

She was taken to Cobb County Jail, where she "knowingly filled out and completed the official Cobb County Sheriff's Office Immigration information with a false statement," stating that she lived on Preston Drive in Duluth, according to the Sheriff's Office.

The Journal, last week, visited the Duluth address she gave the Sheriff's Office in attempts to talk with Colotl. A different woman answered the door and said she still receives mail in Colotl's name, but has never met the KSU student. The woman stated that she has lived at the address for five months.

However, according to the Sheriff's Office, Colotl "never lived at this address."

After Colotl was booked into Cobb Jail, she was turned over to immigration authorities. She was taken to the Etowah County Detention Center in Gadsden, Ala., on April 1, but was released May 5. U.S. Immigration and Customs Enforcement agreed to defer any action against her for one year so she could return to her studies at the university.

That action, mixed with reports that KSU made efforts to assist Colotl in her release, and the fact that she was paying in-state tuition at the university, enraged some bloggers on the Journal's Web site and caused local politicians to weigh in on the situation.

Former Cobb Chairman Sam Olens, who is running for state attorney general, said Colotl should've never been able to pay in-state tuition and said it would be "in purview of the attorney general to send a memo to all state institutions that they make sure every individual receiving HOPE or in-state tuition is legally in this country."

Other anti-illegal immigration groups called on the Board of Regents to fire KSU President Dr. Dan Papp, who had written a late April letter, in the form of an affidavit, for Colotl, whose case was headed to he Atlanta Immigration Court.

"I write to request that within the letter of the law, Jessica be provided every opportunity to stay at, or return to, Kennesaw State University," Papp wrote.

He told the Journal Tuesday that the letter was based on the knowledge he had of the situation at that time, and that was "the extent of KSU's involvement in Ms. Colotl's case."

Warren's Wednesday night statement that Colotl had a "blatant disregard for Georgia Law by giving false information" is in sharp contrast from Papp's earlier statement when Colotl was deferred, when he stated in a release, "We are especially thrilled she will be allowed to continue her studies here at KSU."

Colotl's friends say her family moved around most of Colotl's childhood, but she eventually graduated from Lakeside High School in DeKalb County with a 3.8 grade-point average. She enrolled at KSU and began taking classes there in fall 2006. KSU officials say she was admitted to the university as an in-state student because she had graduated from a Georgia high school.

Papp has since said, "Now that Ms. Colotl has been identified as undocumented, she will pay out-of-state tuition, as do all other known undocumented students."

Regarding Colotl's late March booking in Cobb Jail and the tools used to determine the status of an inmate, Warren said, "some may think it is unfortunate that minor offenders are caught in the 287(g) net; but I value any tool that helps me enforce the law and remove violators from our community. Georgia law establishes legal criteria for every potential offender, from traffic violations thru capital felony murder. Often individuals have different perceptions or personal definitions of criminal activity. I follow the Georgia Code and enforce those statutes. That is my oath of office and duty to the citizens of Cobb County."

The 287(g) Warren refers to is an agreement with the U.S. Immigration and Customs Enforcement Agency to check the immigration status of everyone booked into the county jail. The Cobb County Sheriff's Office was the first agency in Georgia to participate in 287(g). Since July 2007, Warren's office has identified more than 6,600 inmates who were in the United States illegally. Warren signed a new 287(g) agreement in October 2009.

Anyone with information regarding Colotl's whereabouts is asked to contact the Cobb County Sheriff's Office at 770-499-4652.

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