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Editorial:
Published: Nov 21, 2006 12:30 AM
Modified: Nov 21, 2006 02:30 AM

Rush to injustice

Two automobile crashes in recent weeks in this area were terribly tragic in the human sense. But they also turned up a disturbing crack in the U.S. legal system regarding illegal immigrants charged with serious crimes.

Four people died in connection with the two auto accidents, and illegal immigrants suspected of driving drunk are accused in the deaths. Sue Williamson, a 54-year-old Raleigh musician, died Nov. 5 in a wreck on U.S. 70 in Durham. On Oct. 27, N.C. State University students Jennifer Elaine Carter and Helen Meghan Hughes, along with Hughes' stepbrother, Benjamin Richard Leonard, 16, died as a result of a head-on collision near Sanford. In Williamson's case, Carlos Gonzalez Hernandez is charged with felony death by vehicle. Pastor Rios Sanchez is charged with involuntary manslaughter in the Lee County deaths.

Both men were being held on bond in county jails. Federal immigration officials determined that both were in the U.S. illegally. If they made bail, immigration authorities had 48 hours to pick them up and begin deportation proceedings -- in which case they could be hustled off to their native countries before they were tried on the criminal charges. If they weren't picked up, they could flee, certainly not inconceivable given the seriousness of the crimes and the fact that they are here illegally.

Bail is a privilege and is meant to insure that a defendant comes to court. An illegal immigrant facing serious felony charges clearly is a flight risk and shouldn't be granted the privilege.

But even if a judge insisted on setting bail (Hernandez and Sanchez, after all, are presumed to be innocent), federal marshals ought to detain illegal immigrants until any such charges are settled. If immigration law doesn't provide that option, Congress should fix the law.