Illegals often set free

Immigrants arrested not always deported to their home countries
June 13, 2009

Claire Taylor
ctaylor@theadvertiser.com

At least 25 people identified by police as being in the United States illegally have been arrested in Acadiana since Jan. 1, three of them this week alone.

On average, that's one person every week this year.

They were arrested mostly for traffic-related incidents like careless operation, DWI, hit-and-run, and driving without a license.

Many are back on the streets.

A weeklong investigation by The Daily Advertiser could confirm that only six of the 25 were deported to Mexico and another is being processed for deportation, according to Temple Black, spokesman for the New Orleans office of Immigration and Customs Enforcement (ICE).

Despite efforts by some to crack down on illegal immigrants, Immigration and Customs does not always deport illegals who are arrested and jailed locally for minor infractions.

Louisiana Revised Statute 14:100.13 deals with those arrested for operating a vehicle without a lawful U.S. presence. It requires law enforcement officials to immediately notify ICE of the name and location of the individual.

Sometimes, that's as far as it goes.

Local law enforcement officials say they're doing their part. Lafayette Police spokesman Cpl. Mark Francis confirmed that internal reports on eight of 11 illegals arrested by his office contain notes by officers that they did contact ICE.

The problem is that immigration is not detaining many of the illegals they're catching. Lafayette Police Chief Jim Craft said they're told that immigration officials are overwhelmed.

ICE is focusing its efforts on detaining illegals who are dangerous and repeat offenders, not those with traffic violations, said John Milian with the agency's New Orleans office.

"Right now, we're focusing on criminal aliens," he said. "We're not targeting individuals with municipal charges."

A single DWI may not warrant detention by immigration, but a repeat offender could find himself on a path to deportation, Milian said.

In fact, one of the six deported was jailed in St. Landry Parish on a DWI second-offense charge when Sheriff Bobby Guidroz's deputies notified ICE.

ICE's Black would not say why some illegals are deported and others arrested on the same charges were not.

"Each individual is handled on a case-by-case basis," Black said, "The Privacy Act precludes ICE from answering your question."

The situation is frustrating for local police officers who arrest an illegal and encounter the same person again because immigration has not detained him, Craft said.

"It's frustrating for the officers and it's also frustrating for citizens of our community," he said. "They're in an accident and may not be at fault, but their property is damaged and they have to make a claim on their own insurance because a lot of these illegals don't bother to get insurance and don't bother to abide by laws."

Craft said his officers are seeing a growing problem with illegals driving without licenses, without insurance and getting into wrecks, sometimes while impaired.

St. Landry Parish also is seeing an increase, Guidroz said.

"It's probably because more and more construction companies or farmers are hiring immigrants from Mexico. Some have work visas, I would assume, and some don't," he said.

Additional Facts
Provisions of new law

Louisiana Revised Statute: 14:100.13 Operating a vehicle without lawful presence in the United States.

No alien student or nonresident alien shall operate a motor vehicle in the state without documentation demonstrating that the person is lawfully present in the United States.

Upon arrest of a person for operating a vehicle without lawful presence in the United States, law enforcement officials shall seize the driver's license and immediately surrender such license to the office of motor vehicles for cancellation and shall immediately notify the INS of the name and location of the person.

Whoever commits the crime of driving without lawful presence in the United States shall be fined not more than $1,000, imprisoned for not more than one year, with or without hard labor, or both.

Local ICE arrests


The following were returned to their home countries by Immigration and Customs Enforcement after their arrest in Acadiana in 2009;

Bernardo Serapio Garcia, 27, arrested March 10.
Isaias Cruz Javier, 22, arrested Jan. 14.
Jose M. Jimenez, 25, arrested Jan. 22.
Edwin Quintanilla, 21, arrested Feb. 3.
Sergio Gonzalez Reyes, 32, arrested March 18.
Samuel Tovar, 24, arrested March 8.

Being processed for removal:

Ezequiel Garcia Soto, 26, arrested March 5.

Have a tip?

To report violations of immigration or customs laws, call the Immigration and Customs Enforcement tip line at 877-347-2423.

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