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Illegal immigrants rarely face deportation
David Sutta
Last updated on: 7/7/2006 6:19:17 PM

LEE COUNTY: Many illegal immigrants committing crimes in Southwest Florida are arrested, convicted, serve time and then are released without being deported. Local law enforcement officials say there is nothing they can do about it.

Jail overcrowding in Lee County has become such an issue, that deputies chose not to book 9 johns arrested in a prostitution sting. Instead they we're given notices to appear.

A closer look at the arrest reports indicates many of those picked up are not citizens of the United States.

We combed over three prostitution stings done over the last six months by the Fort Myers Police Department and the Lee County Sheriff's Office.

Of the 31 booking reports we looked at, only 14 of those arrested are citizens of the United States. Eleven are citizens of Mexico, Guatemala, and Brazil. The other six have an undetermined legal status.

Every day illegal immigrants are arrested in Southwest Florida. They are processed, many times convicted and then released.

US Immigration and Customs Enforcement says illegal immigrants are supposed to be deported regardless of whether it is a misdemeanor or felony.{me- }

However, according to an internal policy memo, immigration officers "Will generally not be deployed to take custody of suspected aliens stopped by a FHP officer or sheriff's deputy."

Law enforcement is told to report only serious offenses that constitute deportation such as murder, trafficking of firearms, and money laundering.

If it's a misdemeanor, such as picking up a prostitute, or a traffic ticket, illegal immigrants won't be deported.

It happens everyday. For example: Nivaldo Damota who was charged with soliciting a prostitute has been ticketed four times in the last year for traffic offenses.

Diego Us, a Mexican national, who was also charged with soliciting a prostitute skipped his trial all together and is now a wanted man.

Neither is a citizen of the US but they're back on the streets.

We asked the State Attorney's Office for comment on this policy, especially since these arrests increase their case load. They declined to comment, only stating that they are frustrated with any cases involving people who re-offend.