Federal agent screening Escondido gang members with criminal history

By: JO MORELAND - Staff Writer
North County Times
January 15, 2006

ESCONDIDO ---- A federal immigration agent is screening documented gang members with a history of criminal activity in the city, and more than 30 may qualify for deportation, police Chief Jim Maher said last week.

The effort to deport illegal documented gang members as well as people who have resident alien status, if they are involved in criminal activity, is part of a move toward what Maher described in December as a way to better handle crime-based illegal immigration issues in the city.

Maher said then that his department was developing, among other things, a comprehensive policy that will include ways to deal with people in this country illegally who are involved in criminal activity such as drugs and gangs.

The proposal is expected to be considered by the City Council this month.

Maher said the policy won't apply to people who are here illegally but who aren't committing crimes.

"I want to emphasize that none of these policies will change anything that we do with people living in the community who aren't committing any crimes," the police chief said. "We see that as a federal issue."

It will be up to the federal government to decide who will or won't be deported, officials said.

In a community where illegal immigration has become a major focus because of protests, housing, crime, politics and other issues, the latest police stance is cause for concern among some residents.

"It seems like they are collaborating with the government on immigration issues," said Consuelo Martinez, spokeswoman for the Escondido Human Rights Committee.

However, Martinez said, she has yet to meet with police about their immigration-related policies and she wants to know more.

"Nobody is condoning committing crimes," Martinez said. "We just want to know what the policy is. We still have some questions."

Maher said the goal is to broaden current police policy to consistently include misdemeanor offenders, something that has been done sporadically with special enforcement projects in the past, and turn information over to federal Immigration and Customs Enforcement agents.

"We've been doing it," the police chief said. "We just haven't been doing it consistently. We're not going to limit it to any type of crime."

Maher said he will be meeting with community groups, City Council members, an internal committee developed within the Police Department and others as he prepares and fine tunes the formal policy.

He said he hopes to have a preliminary draft to start sharing next week, then a final draft within a month.

"There are no deadlines, but it's a department priority," the chief said.

Lauren Mack, spokeswoman for the federal immigration office in San Diego, said the agency now screens felons about two-thirds of the time at San Diego County jails. The jails don't routinely accept misdemeanor offenders.

"I know that we're very deeply involved in the North County Regional Gang Task Force, and that would be one of our roles, documenting the (citizenship) status of gang members," Mack said.

She said any gang member who is in the United States illegally is deportable.

"Gang membership is not what makes the person deportable," said Mack. "They're here against the law."

Legal residents here with a visa, however, have to have a criminal conviction before they can be deported, she said.

Federal criminal deportations are made under the title of aggravated felonies, a category that has continued to expand in recent years in federal courts to include misdemeanors, according to the Transactional Records Access Clearinghouse, a Syracuse University-based project that reports federal government enforcement activities.

Aggravated felonies now include crimes of violence, thefts and burglaries, drug and firearms trafficking, human smuggling, fraud or deceit with a loss of more than $10,000, and murder, rape or sexual abuse of a minor as well as attempting to conspire to commit an aggravated felony.

Of the 186,641 federal deportations in the last fiscal year ending Sept. 30, almost half ---- 86,496 ---- were criminal removals. Since Oct. 1, federal officials have made 2,305 criminal removals.

City Councilman Sam Abed said checking into the citizenship status of about 350 gang members in the city is one way to help reduce crime, and city officials are looking for other ways as well.

"Gangs have become an issue for us," Abed said.

On the other hand, the councilman noted, "there is a big difference between families who are illegal but who have an honest job and play by the rules, and a gang member or anyone else who is committing crimes in the city."

As far as any effect on the city's budget, Maher said, the Police Department tripled the size of its gang team last summer, and he doesn't anticipate any additional budget needs at this time.

"We have such an outstanding relationship with Immigration and Customs Enforcement," the chief said. "It solves a lot of problems for us."

Officials with the Oceanside Police Department couldn't be reached for comment Friday about its handling of criminals and illegal immigration enforcement. Traditionally, the department has tried in recent years not to mix the two.

Jan Caldwell, a spokeswoman for the Sheriff's Department, which provides law enforcement for most of North County in addition to operating the county's jail system, said the department doesn't have any enforcement similar to what Escondido police are pursuing.

Neither does the Carlsbad Police Department, said spokeswoman Lynn Diamond.

"And we're not developing any new plans with regard to that," Diamond said.

Contact staff writer Jo Moreland at (760) 740-3524 or jmoreland@nctimes.com. Comment at nctimes.com.

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Comments On This Story

Note: Comments reflect the views of readers and not necessarily those of the North County Times or its staff.

Someone notify Oceanside wrote on January 14, 2007 9:33 PM:"Finally a city is taking positive action with regard to gang activity. Oceanside's do nothing Mayor is going to hold community meetings to find out if Oceanside has a gang problem and our Public Defender Council Memeber is going to be working hard to keep these punks out of jail."

About time wrote on January 14, 2007 9:53 PM:"Round them up and ship them out."

escondido citizen wrote on January 14, 2007 10:01 PM:"correct me if im wrong but if your illegally here from the start your already a criminal, so shouldnt we be deporting all illegals alieans who live in escondido to begin with? last time i checked the word illegal is defined as something that is criminal or against the law, why are we avoiding the fact that all illegals who broke into the usa are criminals and should be sent back to there own countries. escondido is creating another immigration plan to clean up our town and there going after the problem and thats illegals. i hope they figure out a way to get it done because the citizens who live here are all backing the law. "

B wrote on January 14, 2007 10:17 PM:"This is a great idea and I can't for the life of me figure out why it's not routine for all law enforcement agencies here in North Tijuana (I mean North County). Oh wait, I think I figured it out...economics. Consuelo Martinez, what's your beef? Are you looking to become an administrator for the ACLU? You say "It seems like they are collaborating with the government on immigration issues;" I certainly hope so! All law enforcement should work together, that's called communication and cooperation. Illegal aliens committing crimes should be sent as far from the USA as legally possible...If you disagree, you should be the first to go."

Foreign Aggressors wrote on January 14, 2007 10:25 PM:"Being in the US illegally is a crime! All aliens in the United States who are required to be registered under the law (INA § 261 and 262 [8 USC § 1301 and 1302]) must keep the USCIS informed of their changes of address. The only aliens exempt from this requirement are diplomats (visa status A), official government representatives to an international organization (visa status G), and certain nonimmigrants who do not possess a visa and who are in the U.S. for fewer than 30 days (INA § 263). A willful failure to give written notice to the USCIS of a change of address within 10 days of the change is a misdemeanor crime (INA § 265 and 266)."

Finally Some Sanity wrote on January 14, 2007 10:40 PM:"Glad to see that the council has found something sane and legal to work on. Maybe they can accomplish something productive this time"

Esco Local wrote on January 14, 2007 11:04 PM:"While I'm happy to get rid of criminal gang members, exporting a problem person to another country where they are going to continue criminal behavior isn't a positive for mankind. Putting them in jail is a positive. Also, exporting a person to a country where they don't even speak the language is setting them up for failure...and more crime."

Muneca wrote on January 15, 2007 12:10 AM:"All deportation means for the legal resident is that they will be sent to El Centro in East County where they could stay for years before they are taken back to Mexico (Ching ching $$!) If they even do get sent back. I have a better idea. Let's send all the sex offenders to El Centro. It's far from schools and the general public. I can't tell you the last time I feared being a victim of gang violence. I can tell you the last time I feared being a victim of sexual assault. It was about an hour ago when I had to walk to my car in a dark parking lot."

Skip wrote on January 15, 2007 12:13 AM:"YES YES YES Just like I have been saying all along. Deport the Illegal Alien gang members, and then deport the Illegal Alien parents of gang members, and then deal with who is left!"

Adam wrote on January 15, 2007 12:19 AM:"RE : Maher said the policy won't apply to people who are here illegally but who aren't committing crimes. >>>> Let me think about that? I guess violating federal laws is not considered a crime? How can you use the word "Illegally" and "who have an honest job and play by the rules", in the same sentenence is beyond me. "

Jimbo wrote on January 15, 2007 12:22 AM:"Hey Conseuleo Martinez, instead of worrying about our police enforcing our laws in this country, why not take your human rights movement down to Mexico where the Mexican government is creating an environment that forces people to live in poverty? Or appeal to our gov to create sanctions against them until they improve their condiitons? I might even support that."

fed up wrote on January 15, 2007 1:16 AM:""policy won't apply to people who are here illegally but who aren't committing crimes" Isn't being here illegally committing a crime? What is wrong with this picture. "

Greg in Oceanside wrote on January 15, 2007 1:51 AM:"It's time to take the kid gloves off and hammer gang members. If they want to think they're tough, the cops and feds need to show them how tough they really are and put them all behind bars and/or deport them if they're ILLEGAL ALIENS. It's high-time we all look at the gang problem facing our communities and get these punks off our streets. The punks have been doing their thing way too long and I for one am sick of it."

escondido resident wrote on January 15, 2007 2:45 AM:"It's about time that something is going to get done with the gangs and illegals. The gang problem is getting way out of control. Maybe now the officials involved can reduce some of the crimes being commited and send the people involved back where they came from. hopefully this will help, because I feel escondido has gone down the toilet in the past 20 years. Lets get it back to being a nice place to raise our children!"

Randy wrote on January 15, 2007 3:08 AM:"Are there any statistics regarding the percentage of those deported who subsequently re-enter the United States? If the re-entry rate is high, perhaps deportation does not really solve anything. Perhaps deportation is a panacea."

El Guero wrote on January 15, 2007 4:15 AM:"Consuelo Martinez has some questions. I've got a question too. Will the families of illegal immigrant gang members also be eligible for deportation? I would think that they qualify under an expanded interpretation of the aggravated felonies category since they are guilty of harboring documented gang members. Deporting whole family units would clean up Escondido in a hurry."

To Sam Abed wrote on January 15, 2007 4:21 AM:"there IS NOT DIFFERENCE between illegals who play by the rules and gang members who commit crimes. THEY ALL COMMITED A CRIME by breaking and entering our Country illegally. WHEN ARE YOU GOING TO GET IT??? The fact that they broke one law leads the breaking of others (fake documents for working status, free social welfare, driving without a license and insurance) The list goes on. The illegals children have to live with the stigma that their parents are lawbreakers for the rest of their lives. It is an never ending circle of lies. "

RjM wrote on January 15, 2007 5:29 AM:"Just one federal agent? This is where our tax money should be spent instead on of the so called war on terror in Iraq. Do the math: One (documented GangMember + undocumented Alien) = Adios mofo. It would be a tax savings in the short run, getting rid of the scum in north county instead of baby sitting them with 'task forces'. "

dave from oceanside wrote on January 15, 2007 5:40 AM:"Until we close the border, deporting these illegal gang bangers means nothing. They will be back in a week or two. For now lock them up in a cage in the desert until the border fence is built then boot their butts over."

jim wrote on January 15, 2007 6:36 AM:"its about time....."

Al wrote on January 15, 2007 7:04 AM:"Good job Sam Abed! Keep it up. Hopefuully, we'll have a safe city once these gang-bang losers are out of here."

Paul wrote on January 15, 2007 7:13 AM:"Illegal and not committing crimes, sounds like an oxymoron! I love the NCT, better humor here in the news than on the comics page."

On Mr. Abed's Comment wrote on January 15, 2007 7:30 AM:"It is an oxymoron to suggest that illegal aliens "who have honost jobs and play by the rules" are exempt from the crime they committed which is illegal entry to our country. Duh??? Honest jobs? What with forged papers and SS numbers? Geeezz. They are just living the "lie" and it will be with them and their families for the rest of their lives. They are not any better than the illegal criminal element. Crime is crime. Illegal whatever it is, is still illegal. "

Ridgerunner wrote on January 15, 2007 7:47 AM:"Why is this news? Citizenship validation should be part of the process for the arrested and incarcerated. Law enforement procedures should enforce the law. If not we should stop calling it law enforcement. "

Ray wrote on January 15, 2007 7:49 AM:"Now that is more like a step towards the right solution, not Waldron's political moves."

morty wrote on January 15, 2007 7:51 AM:"At least somebody is trying to clean house. I will give them a chance.N.C.T.trys to put a paper out."

Patriot wrote on January 15, 2007 8:13 AM:"Does anyone else see the humor in the Sam Abed quote, "families who are illegal but who have an honest job and play by the rules"? How is cutting into line ahead of other legal immigrants, securing a false identity and posing as a legal immigrant to fraudulently obtain employment playing by the rules? We should have sympathy for people abroad who wait patiently for years to immigrate in accordance with our laws, and arrive with the goal to learn English, learn U.S. history, assimilate, and become Americans. Legal immigrants strong in moral character are who built this nation. Truly we are a nation of LEGAL immigrants."

Give me a break wrote on January 15, 2007 8:14 AM:"Shouldn't they have been doing this all along. Now all of a sudden this is going to be done. I hope that they don't just start to single out the Latino community. After all gang members come all different colors, and ages. A good example of this are the minutemen gangmembers. They are terrorist and should be treated no differently than any other gang out there."

Starting point wrote on January 15, 2007 8:14 AM:"I Think even the open boeders activist can't argue that this is not a bad thing. We have enough Legal Criminals. Do we really need more illegal criminals. No, we don't. I think most can agree that a lot of the illegals are not committing violent crimes, but a handful are. Deport the murders and Rapist now. Deport the legal murders and rapist too."

Hey Consuelo wrote on January 15, 2007 8:21 AM:"Take your homieclowns and go south! Take some of the rest of the freeloaders too! I have "human rights," including the right to not have to financially support lawbreakers who are in this country illegally!"

Dickey wrote on January 15, 2007 8:23 AM:"Way to go, once again E.P.D. You're stepping up the plate where other departments won't. You're doing the job our tax money is paying for! Everyday - I'm proud of our E.P.D. Keep up the great work!"

Look Martinez wrote on January 15, 2007 8:35 AM:"We live in the gang terrority, we see the crime, we see the illegals being shaken down for their pay. We see the graffiti we see the intimidation of the latinos, so my recommendation is that you invite all the gang bangers into your house. Oh and did I mention M13 is now in town! Nice people from El Salavador, use machettes on their victims. "

Ali wrote on January 15, 2007 8:36 AM:"All deportation means for legal residents is that they will be taken to the immigration detention center in El Centro where they could stay for years before possible conviction and possible deportation. I got a better idea. Let's send all the sex offenders to El Centro away from schools and the general public. I can't remember the last time I feared being a victim of gang violence but I can remember the last time I feared being a victim of sexual assault. It was last night when I walked to my car in a mall parking lot. "

Being here illegally .. wrote on January 15, 2007 8:40 AM:"IS A CRIME. Are the writers for NCT just stupid or ignorant?"

Concerned wrote on January 15, 2007 8:41 AM:"My concern is how far we've slipped because of Latino activists like Conseulo Martinez. We need to get back to basics and enforce the laws and not worry about what people think. I don't care if gang members or illegal aliens are white, black, brown or green, they are breaking laws everyday and need to be jailed, deported, or both. No race has a free pass to committ crimes Conseulo!"

Cal wrote on January 15, 2007 8:52 AM:"30 qualify to be deported, what a propaganda move. Try 30 million!"

Fallbrook Ray wrote on January 15, 2007 8:58 AM:"Sorry to disagree with you Ray, I think Waldron's plan was sound, minors can't enter into a legally binding agreement or contract neither can illegal aliens. Thanks for taking my handle."

Molly wrote on January 15, 2007 9:09 AM:"Being here illegally .. wrote on January 15, 2007 8:40 AM:"... Are the writers for NCT just stupid or ignorant?" And by so writing, he or she, proved that they qualify for both of the descriptors. Stupid: Limited cognitive capacity and Ignorant: uneducated and unaware. "

Susie wrote on January 15, 2007 9:21 AM:"I don't understand how consideration for deportation only occurs after a serious crime has been committed or gang affiliation. Isn't it already a crime to be here illegally? Why does it have to take extreme measures to get a resolution in this country?"

Randy wrote on January 15, 2007 9:22 AM:"What constitutes "criminal activity?" Outstanding parking tickets? Possession of cigarettes by a minor?"

So is wrote on January 15, 2007 9:34 AM:"Maher saying he won't enforce any laws other than Escondido laws. Using his logic he should not enforce State laws, County laws or any laws that are not Escondido laws. Since when do sworn police get to determine what laws they feel like enforcing. Last time I looked United States Federal laws apply to everyone. Would someone tell Maher he lives in the US and thereby needs to follow the laws of the US and enforce the laws of the US. Or maybe he will let us ordinary citizens obey only those laws we like or want to obey. Chief, do your job and quit pandering!!! "

What The ... wrote on January 15, 2007 9:43 AM:"Who is running things around here? Like it's not bad enough that these spineless punks are in this country illegally, breaking other laws on a daily basis, but a tax payer supported employee has to find other laws to charge them with so they can be sent back to their country of origin. I'll pay for a U-haul truck today to ship every one of these lowlifes back to the border, and for a whole lot less than it is costing to have a Federal agent find reasons to send them back."

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