Thread: Groups say immigrants held illegally in NM

http://lcsun-news.com/news/ci_4340576

Groups say immigrants held illegally in NM
By Diana M. Alba Sun-News reporter


LAS CRUCES — Panelists from humanitarian groups told state lawmakers Thursday undocumented immigrants are being arrested and held illegally across the state, but Doña Ana County's sheriff and other officials said the practice doesn't take place locally.

Panelists addressed the Courts, Corrections and Justice interim legislative committee at the New Mexico State University campus.

Immigrants are sometimes detained for a crime and are found innocent or bonded out of jail, said Marcela Diaz, executive director of the advocacy agency Somos Un Pueblo Unido. But instead of being released, she said, they're held for federal immigrations officials because a judge, law officer or jailer inappropriately directs a detention center to not release them.

"They're illegally held because someone puts on their booking documents (U.S. Immigration and Customs Enforcement) hold,'" she said.

Diaz said there is a process for federal officials to request inmates be kept in jails, but it must be initiated by federal officials, not local ones.

"Often when a hold is being placed by someone other than ICE, ICE doesn't know about it," she said. "Local authorities don't have authority to arrest or detain a person for a civil offense," she said, referring to illegal immigration.

Doña Ana County Sheriff Todd Garrison said ICE officials visit the county's detention center each day, checking whether there are illegal immigrants. Sheriff's deputies, however, don't request immigrants be detained longer because of their immigration status, he said. Garrison said officers also don't ask a person's status during an arrest.

"We enforce the laws of the state," he said. "We don't enforce federal laws."

Garrison said if a person can't produce identification documents during a traffic stop, an officer will call the Border Patrol, but the person isn't detained for much time. If Border Patrol isn't interested, the person is released, he said.

Diaz said that's not the case in other parts of the state, especially places that don't have much of a Border Patrol presence. Immigrants are often held for long periods of time awaiting federal officials, she said.

"It's not happening in northern New Mexico," she said.

Diaz said besides violating a person's civil rights, holding inmates illegally in jails is an extra cost burden to counties.

Elizabeth Carmago, program coordinator with the Border Network for Human Rights, said immigrants in several Doña Ana County communities, including Chaparral and Vado, are afraid to call law enforcement for help because they worry about being deported. She said she doesn't think all sheriff's officers are following the correct procedures.

"We have some documented cases where (immigrants) have provided an ID, and (officers) are still calling Border Patrol and waiting," she said. "Something has to be done because the communities are very, very afraid."

Carmago suggested meeting with Garrison to clarify the department's policy.


Diana M. Alba can be reached at dalba@lcsun-news.com