Families say police threatening deportation in probe

Sandra Baltazar Martinez | The New Mexican
Posted: Wednesday, September 01, 2010

Three families say they are outraged because Santa Fe police officers and U.S. Immigration and Customs Enforcement agents threatened them with deportation for failing to cooperate during a criminal investigation.

Since last week, the Santa Fe Police Department has been leading an investigation into gang activity and "narcotics violations and possession of stolen weapons," Chief Aric Wheeler said.

When officers arrived at the homes — all at the Cottonwood Mobile Home Park off Agua FrĂ*a Street — on Monday, families say police and ICE officials pressured them to release information about weapons and drugs, even though they knew nothing about them.

"I know they're blackmailing us," said Lidia Soto, the mother of AljavĂ*n RamĂ*rez, 17, whom police wanted to question about his affiliation with gang activity. "I know that all they want is to frighten us."

Soto's husband, Osvaldo RamĂ*rez, said he willingly allowed the police to search his home because "we have nothing to hide."

After one of the Police Department's bilingual officers finished interrogating AljavĂ*n in his bedroom, the officer addressed Soto, too.

"He told me, 'I'm going to give you one week to come up with phone numbers or ICE will come get you and your family,' " AljavĂ*n said.

Soto said the police officer later tried to retract what he had told AljavĂ*n.

"He said in Spanish that he had already spoken to Immigration and was told we had documents," Soto said. "But he said he wanted to give AljavĂ*n a chance to think things through because (AljavĂ*n) supposedly knows who has the weapons."

Hugo Morales, 17, said the Police Department and ICE officers arrived at his home while he was working at Albertsons; Hugo's stepfather was home with his 2-year-old son and another adult male who rents a room from them.

Hugo's stepfather, who refused to give his name to a reporter, said he asked ICE agents and police detectives for a search warrant after the other adult in the home had opened the door, but "they told me they didn't need a warrant to come in."

"I had just finished dinner and was in the bedroom with my son when they walked in, pointing guns at us, even at my 2-year-old when he ran out the room," the man told a reporter after the incident.

Police later picked up Hugo from Albertsons and questioned him about drugs and weapons, Hugo said.

"I kept saying that I didn't know anything," said Hugo, who also claims police had a photo of a suspect who looked like him, but had a different name. "They told me that if they found anything, that I was going to be deported along with my entire family."

Hugo said he asked to call his lawyer because he is on probation, but the lawyer did not pick up the phone. Hugo is on probation for a January incident in which he was charged with aggravated battery with a deadly weapon.

Ana ChacĂłn, Hugo's mother, said she is his legal guardian, and that police never contacted her with permission to interrogate her son. ChacĂłn was not home at the time of the incident.

"We're mortified. We're frightened with this whole situation," ChacĂłn said. "We are hardworking people. I'm a busser at a restaurant."

ChacĂłn, too, called Hugo's lawyer after a neighbor called to inform her of the situation but got no response. She then called immigration attorney Victoria Ferrara, giving her permission to sit with Hugo during the police interrogation.

Ferrara arrived at the home, walked toward ICE agents and police officers, and asked to speak with Hugo, but her request was denied. Officers shut the door and left Ferrara outside.

"They appear to be questioning a minor — after he had requested an attorney — without an adult or a guardian present," Ferrara said.

Another mother, Norma Perales, said police also arrived at her home late Monday night. They were looking for her 15-year-old son, EfraĂ*n Perales.

"We've been here for 30 years and we've never had a problem, but police arrested my husband," Perales said. Police records indicate an arrest warrant for her husband, Francisco Perales, was issued last month. Francisco Perales says he is not associated with any gang or gang-related activity, but happened to be arrested on the outstanding warrant while police questioned his son, EfraĂ*n. Francisco Perales said he lost his job over the incident.

When it comes to interrogation tactics, ICE spokeswoman Leticia Zamarripa said, officials do not use threats. When ICE deals with immigrants, she said, deporting those with gang-related activities is high on the agency's priority list. Legal U.S. residents and naturalized citizens also can face deportation.

Santa Fe police Chief Wheeler said threatening deportation is not the department's protocol.

"My direction to those officers was very clear. We are not allowed to do that," Wheeler said, adding that he has been a strong proponent of reaching out to the immigrant community to gain residents' trust. In doing so, the Police Department launched the Council of Rights, a monthly meeting open to the public, in July. The goal is to get immigrant residents to show up and openly ask questions about their rights.

Wheeler said the investigation is only to look out for the public's safety. He said he is willing to meet with the families to discuss the incident and hear their side of the story.

"If there's any truth to those allegations, I will deal with them from the disciplinary perspective," Wheeler said.

According to a city resolution, the Police Department is not allowed to use city resources to question or deport people, but can collaborate with ICE during a criminal investigation, said Mayor David Coss.

If police officers threatened families with deportation, "that would not be consistent with our policy," he said.

Contact Sandra Baltazar MartĂ*nez at 986-3062 or smartinez@sfnewmexican.com.

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