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Tennessee Sheriff's Department Sued By Illegals

by B.Jay Johnson

The Bradley News has been closely following the case of an illegal alien who crashed his car, tearing through a fence at a home on Club Drive.

The incident happened in March 2007. Now, finally, it appears that justice is about to be served in the case.

Bradley County authorities have ordered Everado Velazquez to pay restitution to homeowner Otis Eaton. Velazquez has also been forced to pay for the repairs on the fence at Eaton's home.

Police records show that Velazquez was drunk when his car plowed into a tree at the Eaton residence. Eaton says his grandchildren had been playing in the yard just minutes before the crashed occurred.

Velazquez fled the scene on foot, but was later arrested and charged with several violations. He was driving someone else's vehicle and did not have a driver's license or insurance. Investigators also say he had no form of identification or paperwork to prove he was a legal citizen.

Judge Sheridan Randolph released Velazquez on $1,000 bond. However, Velazquez did not appear at his June 22 court date. Bradley County sheriff's deputies then re-arrested the Mexican illegal.

Later, at another court date, the judge ordered Velazquez to pay the restitution to Mr. Eaton.

Circuit Court Clerk Gayla Miller confirmed with the Bradley News last Friday that she is prepared to cut Eaton a check to cover the repairs to his fence.

Meanwhile, Velazquez will be given back roughly $140 after the restitution is subtracted from his $1,000 bond. He will then be set free and the case will be closed.

Many people question why authorities do not hold illegal aliens for deportation in cases such as this. However, there is no law that requires them to do so.

Right now, the 287(g) program is the most comprehensive way in which local law enforcement can detain illegal aliens. The program allows them to check the criminal background of each illegal alien who is taken into custody.

Currently, only those illegals who have been charged with high-level felonies are being held for deportation. That means illegals such as Everado Velazquez are basically being given a slap on the wrist.



The Velazquez case is making headlines in Bradley County at a time when another high-profile case in Tennessee is drawing national attention.

Eleven illegal aliens are suing the Maury County Sheriff's Office in Columbia. The illegals claim Maury County deputies entered their home illegally and violated their constitutional and civil rights.

Maury County Sheriff Enoch George says his officers were searching for Juan Villa, a rape suspect, at the time.

The arrests were made on July 3 when George and several of his deputies and federal immigration agents raided a mobile home park in Columbia.

Sheriff George says the rights of the illegal aliens were not violated.

"What we're doing is we are not having roundups of people who are illegal," said George. "We are having ICE agents to come in and assist us in arresting these people who have committed major crimes."

A woman who lives in the mobile home park where the raid happened said she is scared the officers are targeting Hispanics.

"It's very frightening to me and my kids because we are from here," said the woman. She did not want to be identified. "I think that just because of the color of my skin, they are going to come knocking on my door."

Immigrant attorney Elliott Ozment is representing the 11 illegal aliens.

"It's our contention that there were basic constitutional rights that were violated," said Ozment.

According to the lawsuit Ozment filed on behalf of the illegal aliens, "Law enforcement violated the immigrants' rights with the illegal stop, search, seizure interrogation, and (warrantless) arrest, all without probably cause."

Sheriff George has indicated he is considering bringing the 287 (g) program to Maury County. It would allow jailers to check the immigration status of its inmates. It is the same program that is already in place in Davidson County.

One of the problems other Tennessee counties are facing in regards to 287 (g) is the cost of the program.

Davidson County Sheriff Daron Hall says his department has been inundated with inquiries from other sheriff's departments in central Tennessee. Many of those counties are reluctant to adopt the program because they are concerned they cannot afford it.

The program provides federal training and equipment to sheriff's departments, making it possible to identify and help deport illegal immigrants who are booked into county jails.

But departments that participate are required to pay for extra officers to conduct the immigration duties - a luxury many sheriffs say they just can't afford.

The Davidson County Sheriff's Department has 15 officers trained in immigration work. It is one of only 21 police agencies in the nation using the program.

Rutherford County is about to become the second Tennessee county to be approved for 287 (g). Ten deputies there are expected to begin immigration training in November.

But allocating that much manpower for immigration enforcement is beyond the reach of many sheriff's departments across the state.

"Do you understand how that can cripple a small department like mine?" said Maury County Sheriff George Enoch.

In recent months, Maury County has tackled illegal immigration informally, inviting agents from the U.S. Bureau of Immigration and Customs Enforcement on criminal investigations in neighborhoods with large numbers of illegal aliens.

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http://www.bradleyweekly.com/news.cfm?id=5329&issue=295

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