Thread: Illegal immigrant criminals being targeted in VA

By Mark Bowes

Published: May 24, 2009

MORE:
• Criminal illegal immigrants targeted
• Capsule: Prosecutions under ICE


Stubborn determination and repeated illegal border crossings made Pedro Garcia-Mendez a perfect candidate for the federal Illegal Re-Entry Project.

Nearly 20 years ago, the Guatemala native illegally entered the United States but was quickly nabbed by U.S. border patrol agents near Brownsville, Texas. He was deported within a month.

That didn't deter him. He re-entered in 1991, 1992, 1994 and 1998 but was immediately caught each time and deported.

Last summer, he turned up a sixth time when U.S. Immigration and Customs Enforcement agents found him at the Richmond City Jail, where he was being held on an assault charge.

His border-crossing days, though, may be at an end.

Now 62, Garcia-Mendez was recently convicted in U.S. District Court in Richmond under the Illegal Re-Entry Project, a little-known federal enforcement program that targets illegal immigrants with significant criminal histories and those who repeatedly re-enter the country.

With little fanfare or publicity -- and some questioning from immigrant advocates -- ICE agents have worked with the U.S. attorney's office here during the past three years to prosecute 143 illegal immigrants. Many of them are hard-core offenders who have committed violent crimes against Virginians.

. . .

The program was tailored for central Virginia and designed to "address the impact that criminal illegal aliens have on the community," said Assistant U.S. Attorney Stephen P. Miller, who heads the Richmond Division office. "We're focusing on the individuals who have kind of set themselves apart because they are engaged in criminal behavior."

The effort is essentially a regional version of ICE's Criminal Alien Program, which targets the "worst of the worst" in the nation's illegal population. Last year, federal authorities brought formal immigration charges against more than 221,000 illegal immigrants who are behind bars for crimes committed in the U.S. -- a 46 percent increase over 2007.

In the Garcia-Mendez case, a federal judge doubled the recommended punishment for his repeated re-entries to 12 months and one day in prison. He'll be deported once he serves his time and faces stiffer punishment if he returns again.

"The defendant had demonstrated a complete disrespect for the laws of this country," wrote Assistant U.S. Attorney S. David Schiller, the program's lead prosecutor, in a memorandum to the court.

Illegal immigrants with aggravated criminal histories who re-enter after being deported have received substantially greater punishment; some are sent to federal prison for 96 months.

. . .

Despite its targeted intent, the program is viewed by some as casting too wide a net, ensnaring hardworking immigrants who commit petty offenses but have no criminal record and pose no threat to the community.

"A lot of these clients get picked up on seemingly minor charges, like drunk in public or another kind of misdemeanor offense at the state level," said Mary E. Maguire, a federal public defender fluent in Spanish who has represented more than 80 percent of those prosecuted under the program.

The Illegal Re-entry Project was launched under a directive from the U.S. Justice Department during President George W. Bush's administration and has continued unabated since President Barack Obama took office, officials say.

"If anything," Miller said, "it's accelerated."

The number of prosecutions this year is on pace to more than double 2008's total.

Forty illegal immigrants have been indicted or convicted as of mid-May, compared with 69 for all of 2008. During 2007, the program's first year, 34 were prosecuted.

The large majority -- 91 -- were charged with re-entering the U.S. after having been deported at least once, a felony.

An additional 37 were charged with re-entering after being deported and convicted of an aggravated felony, and six were charged with re-entering after being convicted of a non-aggravated felony. Seven were indicted for possessing counterfeit immigration documents, and two were charged with violating the conditions of their release after committing crimes.

Two of those indicted in 2008 were among the 33 illegal immigrants arrested last May during a raid of the construction site for the new federal courthouse in downtown Richmond.

Federal authorities say they are targeting only those who have committed some crime here and are already in local jails or prisons.

"All of them have been removed [at least once] already and now they're back, despite the fact that they recognized the first time around that they're not supposed to be here," Miller said. "On top of that, they've now committed crimes, and that's how they come to our attention."

. . .

For the most part, immigration authorities learn about the offenders from local jail or prison officials, who conduct computerized "Immigration Alien Query" checks of all foreign-born arrestees through a nationwide ICE database.

"If we get a hit, we notify them," said Chesterfield Sheriff's Maj. Larry Kriebel, who oversees the Chesterfield County Jail. Chesterfield also provides ICE with a daily list of all inmates at the county jail.

"If they are illegal, that's when we step in," said Craig Raine, assistant director of ICE's Washington Field Office, which covers D.C. and Virginia.

Typically, ICE agents notify local jails of the government's interest in certain inmates and put detainers on them pending further investigation. Agents then conduct jailhouse interviews to determine whether they should be deported or prosecuted under the Illegal Re-Entry program, Raine said.

"We're not looking for people that have one DUI or trespassing charge," he added. "We're looking for registered sex offenders, violent criminals involved with assaults or serious crimes, domestic violence offenders, things like that."

Convictions for aggravated sex offenses rank as the single largest category of crime among those with criminal records prosecuted under the program. These are followed by drug crimes and some type of violent offense, such as assault, he said.

. . .

Some are "serial burglars" convicted of breaking into homes, who are deported after serving time but then return to commit more crimes. "Some of those have actually been caught in Virginia doing burglaries again," Miller said.

In a sense, Miller said, those prosecuted under the program "select themselves" for prosecution by committing another offense that puts them into the U.S. criminal justice system.

Maguire, the federal public defender, said Garcia-Mendez is a perfect example of the program's very broad -- perhaps overly broad -- reach. "I think that the prosecutions that they have brought kind of encompass both ends of the spectrum," she said.

Before he was jailed in Richmond last year on a misdemeanor assault charge, his only criminal conviction was for illegal entry in Texas -- also a misdemeanor -- in 1998.

"It's true that he's had all these prior deportations," Maguire said, "but I think he's also a very sympathetic figure. The only reason he came back was because his sister died, leaving behind three children whose father was an alcoholic and could not care for them. So Mr. Garcia-Mendez felt compelled to come back to the United States to earn money to support the orphaned children."

Until recently, Garcia-Mendez suffered little consequence for his re-entries. Each time he was deported, he received a written federal warning that he could receive prison time if he returned.

. . .

Federal authorities did nothing until after he was caught a fifth time in 1998, when he was convicted in Texas of illegal entry and given a 90-day suspended jail term.

Maguire said many of those prosecuted under the program "have very tragic stories that we've been able to corroborate."

"From my perspective," she added, "I would say the majority . . . are working here to try to earn money to support their families, primarily back in Central America and Mexico. It seems to me in a lot of these cases there is a need for medical attention or medical care they cannot afford in their own country."

Miller insists his office takes a targeted approach and considers a number of factors before pursuing a re-entry prosecution.

"Our goal is to go after those illegal aliens who have committed crimes in the past or who are serious repeat offenders -- those who have routinely re-entered the country after being deported," he said.

"For many of the defendants we've prosecuted, it's clear that deportation alone isn't the answer. They'll just return. We need to have a credible re-entry deterrent, and that should mean a significant time in prison."

"The defendant had demonstrated a complete disrespect for the laws of this country," wrote Assistant U.S. Attorney S. David Schiller, the program's lead prosecutor, in a memorandum to the court.

Every single illegal alien disrespects the laws of this country! They are ALL criminals and should be cut off from any benefit that lures them here, then deported.

If they had any respect for this country, they would emigrate legally! NO excuses.

Aw, these poor "immigrants" just came here to do jobs Americans won't do and apparently there are a lot of homes in Virginia that haven't been burglarized.
Throwing these characters in jail, they will probably get better meals and medical treatment than they could get in the home country. Throw them out of the country after the sentence is served is just an inconvenience and most will be back here in a few minutes, buy some fake ID and off we go again. These folks know they will be treated humanely and fairly and with kid gloves, so what is the fear of breaking our laws?

That didn't deter him. He re-entered in 1991, 1992, 1994 and 1998 but was immediately caught each time and deported.

Gee, I thought the penalty for illegal re-entry was supposed to be ten years federal prison? Good thing we have them thar' tough immigration laws NOT being enforced and such stiff penalties NOT being used to deter these repeat offenders. But at least the judge is giving him a brutal one year and one day term for his continued flaunting of our laws.

Federal authorities did nothing until after he was caught a fifth time in 1998, when he was convicted in Texas of illegal entry and given a 90-day suspended jail term.

Boy, a 90 day suspended sentence, that really taught him a lesson...NOT! What's the point of having laws and penalties at all if they aren't going to be used? I recently read where a Mexican man here in Mexifornia was deported like 16 times, with a half dozen DUIs and he still came back. Then he finally killed someone driving drunk, then they decided to finally throw the book at him. And they wonder why we have all these repeat invading, repeat criminal scumbags.

Why isnt the Illegal Re-Entry Project better known? Everytime I hear an illegal alien has commited a crime, ICE or the police say they were deported several times. All of them have several ids. Its about time programs like this are being used.