Thread: N.C.: Chapel Hill Center of Immigration Debate

Chapel Hill Center of Immigration Debate
Gerrick Brenner
(03/16/07-- CHAPEL HILL) - The Town of Chapel Hill is at the center of a debate over illegal immigration.

The town says it has a new policy. It will not arrest people who have deportation orders issued by the federal government.

Eyewitness News learned about leniency toward illegal immigrants after the arrest of a man from El Salvador last weekend.

Federal agents ordered him deported, but now he's a free man.

Illegal immigration is such a hot topic for a lot of people that no town officials from Chapel Hill would interview on camera.

The police chief said the original arrest of the illegal immigrant was a mistake and releasing him from jail was the right thing to do.

Nelson Herrera Ventura, 33, was taken into custody Saturday by Chapel Hill police during a traffic stop on Jones Ferry Road. Police have not said why Herrera was stopped and was not cited.

But he was arrested after police learned federal immigration agents had a deportation order on Herrera.

"Each illegal alien detected by local law enforcement should be detained and removed from the country," said William Gheen, Americans for Legal Immigration.

Monday, police released Ventura when they learned his arrest violates a Chapel Hill Police Department policy that's seven weeks old. The new policy says police will not arrest people solely for immigration violations.

Chapel Hill Police Chief Gregg Jarvies said, "We do not have power to take custody of people who have not committed a criminal offense."

Herrera had no other criminal record.

"If it's within Chapel Hill's legal right to do that, I think that's wise," said Tim Baker, Chapel Hill resident. "We have more important things to deal with."

Chapel Hill's policy evolved after protest to the arrest of another illegal immigrant, Sima Falahi, originally of Iran.

Falahi's illegal status was learned as she applied for a vendor's permit at City Hall in December.

Federal officials are not pleased, but most Chapel Hill residents say they don't want their police acting as immigration agents.

"Immigration effects local communities, but I don't think local police should be spending a high priority and a lot of time on," said Lee Bishop, resident.

http://abclocal.go.com/wtvd/story?secti ... id=5130034

Published: Mar 17, 2007 12:30 AM
Modified: Mar 17, 2007 03:47 AM

Chapel Hill jails migrant in error

By Lisa Hoppenjans, Staff Writer
CHAPEL HILL - On March 10, a Chapel Hill police officer pulled over Nelson Herrera-Ventura after a search on his license plate pulled up a hit from U.S. Immigration and Customs Enforcement in a national criminal database.

Herrera-Ventura, 33, of Durham, was taken to the Orange County jail.

Three days later, despite a federal immigration detainer, he was released on order of Chief District Court Judge Joe Buckner and at the request of Police Chief Gregg Jarvies.

The problem, Jarvies said Friday, was that Herrera-Ventura was wanted on what's known as an administrative warrant for deportation. It stems from civil proceedings -- such as failure to appear at an immigration hearing -- and isn't considered a criminal warrant.

Jarvies said that under state law his department has the authority to take someone into custody only on a criminal matter and that Herrera-Ventura should never have been jailed. The Police Department's policy says an officer should check with the chief or the department's attorney before calling immigration officials if a warrant is for a civil offense.

Jarvies said there were no outstanding criminal warrants against Herrera-Ventura. A background check revealed several previous traffic offenses, including a 2001 guilty plea to driving while impaired.

Barbara Gonzalez, a spokeswoman for ICE, would not respond directly to questions about whether immigration officials think local departments have the authority to detain those with civil warrants. She did say that local officers take "follow-up action as appropriate to their agency's authority and policies."

"Herrera-Ventura is considered an ICE fugitive," Gonzalez said in an e-mail message. "The ICE fugitive operations team in North Carolina will work to identify, arrest and deport Herrera-Ventura as is consistent with U.S. laws."

Herrera-Ventura could not be reached for comment. His release comes in the wake of a controversy over the Police Department's handling of another immigration detainer.

Sima Fallahi, an Iranian immigrant and longtime Carrboro resident, was taken into custody when she applied for a business permit in Chapel Hill after a background check found she was wanted for overstaying a visa.

The case prompted an outcry from some who saw her detention as overzealous law enforcement.

Fallahi, who has an 11-year-old daughter, was released last week after three months in a Mecklenburg County Jail and is seeking political asylum.

Until several years ago, federal authorities hadn't typically included civil or administrative warrants in the national database and officers could presume that ICE hits were related to criminal violations, said Terrie Gale, the Police Department's attorney. Now there's more confusion over whether officers have the authority to hold someone, she said.

The International Association of Chiefs of Police said that with the change to include civil violations, "state and local law enforcement officers will be placed in the position of being asked to detain and arrest these individuals without possessing the proper authority to do so."

Jarvies said ICE should seek criminal rather than civil warrants for immigration violations.

"If ICE wants local law enforcement to cooperate, then, in my opinion, ICE needs to be the leader in restructuring their policies before they can expect local law enforcement to be their agencies in serving these civil warrants," Jarvies said. "The changes need to begin at the federal level."

http://www.newsobserver.com/102/story/554582.html

Illegal immigration is such a hot topic for a lot of people that no town officials from Chapel Hill would interview on camera.

I don't blame them. I wouldn't show my face on camera either if I'd help pass that stupid law.

Herrera-Ventura could not be reached for comment.

I wonder why.

Jarvies said there were no outstanding criminal warrants against Herrera-Ventura. A background check revealed several previous traffic offenses, including a 2001 guilty plea to driving while impaired.

Reminds me of Wake Co a couple of weeks ago. The illegal was arrested twice for drunk driving and allowed back on the highway to kill a father & his 9-year-old son near Angier.

That's right Jarvies, wait until he kills somebody on the highway. Maybe it'll be somebody from Chapel Hill.

On one hand, I'm glad the N&O is even printing these articles.

On the other, I'm disappointed N&O doesn't include quotes from the
minority opinion in Chapel Hill. Someone has to agree releasing an
illegal alien with a federal warrant in a post-9/11 world is not a
good thing. I send the reporters email with every story explaining
there are good reasons for federal warrants after 9/11.

I first heard about this story on Bill Lumaye's show on WPTF.

I'm not surprised, especially since Chapel Hill is the home of the infamous criminal alien lover, Rep. David Price (D-NC)!

I wonder if Judicial Watch has caught wind of this yet? Sound like all the makings of a possible lawsuit to me. We've seen it over and over where these situations normally turn up ending badly with an American citizen(s) dead on our highways.

I noticed there was no mention in the article of liability insurance or a legal driver's license. If he had a legal North Carolina driver's license, that's a problem in itself. Why is North Carolina allowing criminal aliens to drive legally on our highways?

Bottom line, Chapel Hill is aiding and abetting criminal aliens. Furthermore, any judge or police chief that knowingly releases someone on a federal hold should be held to account. Since when does local law enforcement have the authority to circumvent federal authority?

Obviously Chapel Hill, NC is a defacto sanctuary city because I've not heard of an official proclimation declaring such a status.

Anyone that wants to join me in letting Rep. David Price know exactly what they think of his hometown policies regarding criminal aliens, please feel free.

http://www.house.gov/price/Email_David.htm

Originally Posted by dem4labor

On one hand, I'm glad the N&O is even printing these articles.

On the other, I'm disappointed N&O doesn't include quotes from the
minority opinion in Chapel Hill. Someone has to agree releasing an
illegal alien with a federal warrant in a post-9/11 world is not a
good thing. I send the reporters email with every story explaining
there are good reasons for federal warrants after 9/11.

I first heard about this story on Bill Lumaye's show on WPTF.

Being against the release of this illegal alien is not the minority opinion. It is the majority opinion.

The Raleigh News & Observer is fringe liberal and will always work to present the minority view as the dominant one.

W

William wrote:

Being against the release of this illegal alien is not the minority opinion.

It probably is in Chapel Hill.

Originally Posted by ALIPAC

Originally Posted by dem4labor

O
Being against the release of this illegal alien is not the minority opinion. It is the majority opinion.

Its hard to judge, but I dont hear any objections in CH to the recent changes in policy. Ive sent emails to the council and was told they are talking about paying some of Sima's (the illegal prompting the changes) legal bills cause they are sorry they caused her so much trouble.

And guess what, if you are an illegal that gets pulled over for a traffic stop, the PD will take the Matricula Consular card as a form of ID. Makes me feel so safe as a citizen of CH to know that.

We need to thank Bill LuMaye for bring up story of the illegal's release. I couldnt find it in the local paper, which is no surprise. Dont think locals will wake up until something really heinous happens. We had an illegal rape a young girl last year and it didnt make the paper either.

Perhaps a majority of people in CH are for holding illegals
with a federal warrant. I must admit I don't know. I hope
a majority do. Like Lou Reed admonished "You can't always
count on the worst thing happening."

It appears that Chapel Hill North Carolina is inviting those who come into the United States Illegally to come to their town. If you meet an illegal alien, you may want to tell them to move to Chapel Hill where they won’t have to fear deportation.


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