Thread: Past confronts teen at jail

http://www.ocregister.com/ocregister/ne ... 588918.php

Friday, February 23, 2007
Past confronts teen at jail

A 16-year-old Costa Mesa resident nearly released from custody in a theft admits being an illegal immigrant and is deported to Mexico.
BY CINDY CARCAMO and VALERIA GODINES
The Orange County Register

Gustavo Ponce loved burgers from McDonald's. He idolized Brazilian soccer player Ronaldo. The teenager from Costa Mesa would spend hours on the phone with his girlfriend.

The 16-year-old student at Estancia High School wasn't the best student, but he never missed his summertime English as a second language classes.

He loved his life in Orange County, a place he had called home since he was 12.

Like a lot of teens – even with the best intentions – he wasn't entirely truthful when dealing with his employer and confronting authority. Some would call it impulsiveness. Or naiveté. Or dishonesty.

His story, however, illustrates how for the children of illegal residents, breaking U.S. immigration law can bring especially severe consequences.

Officials say the system worked and procedures were followed. Gustavo brought his situation on himself, they say.

Now he's in Acapulco, Mexico – 1,600 miles from home, living with relatives, caught in the controversy over illegal immigration. He misses his family, his girlfriend and school.

Beginnings
Gustavo's life in Orange County began illegally.

As a 12-year-old from Acapulco, he was the youngest illegal immigrant in the back of a truck that made it across the border. He hadn't seen his mother since he was 6.

When Gustavo made it to Orange County, his mother sat him on the couch to go over the rules.

Don't throw trash on the street. Obey the crosswalk signal. And the most important: Don't steal.

"Because that's one thing this country doesn't tolerate: thieves," she told him.

Gustavo, using his older brother's identification, lied to get a $7-an-hour job at a 7-Eleven, which had an age requirement of 18. A co-worker allegedly stole a credit card from a customer and urged him to use it. Gustavo says he refused. He didn't report the co-worker because he didn't want to get involved, he says.

On Jan. 5, Costa Mesa police officers arrested Gustavo and the co-worker and took them to jail. Just as Gustavo was about to be released because of insufficient evidence, an immigration agent who has been stationed in Costa Mesa's jail for the past two months asked him a question:

"Wait, do you have your papers?"

This time Gustavo told the truth. That's when his life began to unravel.

Gustavo didn't tell the officers that he was 16. He wanted to protect his family members, some of whom are also here illegally. And he wanted to protect himself.

Immigration authorities took him to a Santa Ana Police Department facility with which the federal government contracts.

Gustavo says he started to tell officials on Jan. 6 that he was a minor, but was ignored. Santa Ana police say that they never got such information, and if they had, they would have notified immigration immediately.

On Jan. 8, Gustavo sat down with an immigration officer and told him he was a minor. He never mentioned his family members. He was afraid they would get deported.

On Jan. 9, he was taken to the Mexican Consulate in San Ysidro, where he was handed over to Mexican officials who placed him in a room with children watching "Bambi." Mexican officials contacted his mother.

A cousin in Rosarito, Mexico, picked him up, and he stayed there for about a month before moving on to Acapulco.

Fighting crime
Since the inception of immigration checks at the Costa Mesa jail, authorities have deported people on suspicion of a variety of offenses, from jaywalking to robbery.

In January, 58 of about 470 people arrested were flagged. That's up from 46 of about 400 arrested in December. As of Feb. 12, five people had been flagged this month – all for misdemeanors.

Those who support the Costa Mesa system say it serves justice.

Mayor Allan Mansoor said laws were upheld in Gustavo's case.

"It's a sad story, and it's unfortunate, but I think we have to look at upholding U.S. laws, and how do we look the other way and say that illegal immigration is OK when so many are waiting to come here legally?" he said.

Others believe cases like Gustavo's drive a wedge of distrust between police and the community.

"This confirms their worse fears," said Hector Villagra, director of the Orange County office for the American Civil Liberties Union of Southern California. "This is Exhibit A of how a child can be caught up in this immigration net and be deported."

Procedure followed
Immigration and police authorities say the case was handled properly, but the deportation has caused a stir in Costa Mesa's undocumented Hispanic community. Some people think a policy that promised to nab serious criminals has resulted in the deportation of people who have committed minor offenses, or, like Gustavo, released because of insufficient evidence of wrongdoing.

Villagra said immigrant community groups are asking for help in putting together workshops on the rights of undocumented immigrants.

Immigration officials said they did the best they could with the information they had. The first priority is trying to reunite undocumented juveniles with their families, whether they're in the United States or elsewhere, U.S. Immigration and Customs Enforcement spokeswoman Virginia Kice explained.

"If he had admitted upfront that he was a juvenile, we never would have taken him to jail," Kice said.

Immigration officials would have made arrangements for him to contact his family, she said.

"This kid created this whole scenario," Kice said. "It's all his doing."

Gustavo admits his lies landed him in Mexico. He wants to return to the United States.

This time, legally.

Contact the writer: Staff writers Jeff Overley and Tony Saavedra contributed to this report. 714-796-7829 or ccarcamo@ocregister.com

hadn't seen his mother since he was 6.

So she left her son and jumped the border and then as a 12 year old he jumps the border and goes to work at a 7/11. Please spare me the "family values" speech. If Elvira was in Mexico with her kid, she would leave him in a NY minute, just like this woman.

Best to go pick up the rest of the family, send them south keep them together.

Now he's in Acapulco, Mexico – 1,600 miles from home

No he is not 1600 miles from home - he IS home. It is not the responsibility of the citizens of this country that his parent(s) put him in this situation. The blame lies in one place and one place only!

When Gustavo made it to Orange County, his mother sat him on the couch to go over the rules.
Don't throw trash on the street. Obey the crosswalk signal. And the most important: Don't steal.
"Because that's one thing this country doesn't tolerate: thieves," she told him.

Yeah, don't act like you and everyone else does back in the mother country!
What a wonderful group of people coming here!