Current immigration laws make arresting undocumented citizens tough for local law enforcement



At least one South Carolina family wishes immigration laws nationwide were stronger. They're looking for answers after an accident involving an illegal immigrant nearly killed their friend.

Reporter: Bryan Baker


News 12 at 6 o'clock, Friday, April 15, 2011

AIKEN, S.C. -- An immigration reform bill is headed to Georgia Governor Nathan Deal's desk. The bill is one of the strictest pieces of immigration legislation in the country. It allows law enforcement to check the immigration status of certain suspects and penalizes those harboring illegal immigrants. Many businesses will have to verify that their employees are legal. Governor Deal says he'll sign the bill into law.

At least one South Carolina family wishes immigration laws nationwide were stronger. They're looking for answers after an accident involving an illegal immigrant nearly killed their friend.

Right now, immigration laws are federal statutes. That means illegal immigrants must be detained by federal authorities. It's the last thing Amanda Gschwendner and others want to hear as they continue to search for justice.

"I still have nightmares, flashbacks, I mean, even driving now is really terrifying," she said.

Amanda can't forget last Christmas. Neither can her boyfriend's father.

"We found out there'd been a wreck at (Highway) 118 (in Aiken), and...," says James Bratton, before stopping to cry.

"They didn't know if I was gonna live or not at that point when they got me out of the car," remembers Amanda. "They didn't know -- was I going to die? Was I already dead?"

A car drifting into Amanda's lane crashed into her head on while she was driving on Hitchcock Parkway, near the First Covenant Presbyterian Church. She had broken bones, lacerated organs, and she had to rehab for months.

The driver, who gave the name Justino Arceo-Pool, was charged with reckless driving and driving without a license. He went to MCG that night with minor injuries. Aiken Public Safety hasn't seen him since.

"The name he gave on scene or the ID he had was a name different (than the one) provided at MCG, so his ID is in question at this point," says Sergeant Aaron Dowdy. "So it's been frustrating trying to look for him."

There are warrants out for his arrest for those charges, and Aiken Public safety knows he's in the country illegally. They have three possible names and birth dates for him. But they can't do anything about it.

"This is not something that happens everyday, but it does happen," Sgt. Dowdy adds. "We have people in other states we know are there, that we have a stack of warrants on, but those warrants are not extraditable, so they're sitting there, rubbing our faces in it and there's not a lot we can do about it."

Amanda is in disbelief.

"They didn't get in trouble?" she asks. "They let them go? Really? It doesn't make sense."

Adds Bratton: "I don't have a problem with illegal aliens in the country, but I do have a problem when they're committing crimes and getting away with it, costing us a lot of money. That's got to be stopped."

Aiken Public Safety notifies immigrations and customs enforcement (ICE) or the U.S. Marshals when immigrants are charged with major crimes. But they say federal authorities don't bother to detain local immigrants charged with smaller offenses.

"It upsets me to know there's a double standard," says Bratton, "and that people who have the potential of killing my friends and relatives, people I don't know, being turned loose back on the street, no punishment, nothing. They're getting away with it."

Just last month, two employees of Monterrey's Mexican restaurant in Martinez arrested in a fencing scheme were turned over to immigration services.

As for the immigration debate, Florida and Alabama are debating similar immigration bills. In Georgia, Senator Hardie Davis voted against the bill. He wants the federal government to address the issue instead.

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