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May 31, 2006
From The Morning Call
Immigration agency under fire again from Morganelli
DA critical of ICE response to capture of fugitive Brazilian.

By Tyra Braden
Of The Morning Call

Northampton County District Attorney John M. Morganelli on Tuesday fired another salvo in his feud with Immigration and Customs Enforcement officials who, he says, don't care that an illegal immigrant picked up at a Hanover Township building site is wanted for felony sexual assault on a child.

''Recently, the failure of ICE to pay attention to the pleas from our office almost resulted in the continued at-large status of an illegal criminal alien who was wanted in Broward County, Fla., on the charge of molesting a 15-year-old girl,'' Morganelli said at a news conference.

Morganelli for several years has criticized immigration officials, claiming they show no interest in investigating and deporting people who cross the country's borders illegally. Morganelli has no authority to prosecute illegal immigrants unless they violate a state law. During the last few years, he has arrested and prosecuted more than 200 people for identity theft and similar charges.

ICE spokeswoman Jamie Zuieback on Tuesday said the agency ''welcomes'' Morganelli's concerns.

''For several years, ICE has provided extensive support and assistance to the district attorney, as well as to other law enforcement agencies in the state of Pennsylvania,'' she said. ''In the past two years alone, ICE has responded to more than 22,500 immigration inquiries from Pennsylvania law enforcement agencies and placed 475 immigration detainers on individuals in local jails. ICE has provided this extensive support even though it has a limited number of agents in Pennsylvania, each of whom is charged with investigating roughly 400 different federal criminal statutes.''

Anderson Guimares, 28, of Newark, N.J., is in the county prison awaiting extradition on charges of lewd or lascivious battery and lewd or lascivious molestation. According to the Broward County sheriff's office, Guimares is accused of having sex with the girl in March 2004.

Morganelli said Guimares did not violate Pennsylvania law by working in Hanover Township, because although he was in this country illegally from Brazil, he provided his true identity and had not used fraudulent documents to get the job.

Morganelli said his office got involved when it received a complaint from the Lehigh Valley Carpenters Union that illegal immigrants were working on a Holiday Express at Stoke Park Road and Schoenersville Road. They were employed by BBL Construction Services of Albany, N.Y. County Detective Robert Miklich and Thomas Petro, a special agent with the Social Security Administration, went to the job site and found nine illegal immigrants working there.

Morganelli said his office notified the Philadelphia office of ICE, and an agent said someone would respond. Morganelli said special agent Richard Stingle ''contacted our office and advised that we should make a list of the individuals at the job site and fax it to his office in Philadelphia. At this time, they advised that they would not be appearing at the scene. Again, despite the fact that we had in custody admittedly nine illegal criminal aliens, ICE as usual failed to respond.''

Miklich, Morganelli said, checked all the names of the suspected illegal immigrants and learned that Guimares was wanted.

Immigration officials, Morganelli said, ''continue to provide absolutely no assistance to this office when it comes to the apprehension and detention of illegal criminal aliens. In the past, my office has been told by ICE in Philadelphia that they are 'not interested in illegal Mexicans''' or illegal immigrants from South America.

Zuieback said that according to agency records concerning Guimares' arrest, ''Morganelli's detectives advised ICE that they had detained an individual pursuant to an outstanding criminal warrant and that they planned to keep him in custody pending extradition to Florida.'' Further, she said, the agency is investigating the claims that illegal immigrants were working on the hotel.