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September 4, 2006

Often, only most severe crimes spur deportation
Illegal immigrant's 2 prior cases before DUI deaths near Indy zoo escaped notice
By Jon Murray
jon.murray@indystar.com
September 4, 2006


Rosalio Pedraza's first two drunken-driving convictions escaped the notice of federal immigration authorities.

But his third conviction last month has ensured the construction worker who entered the country illegally from Mexico will be deported when his sentence ends.

In that case, after consuming as many as 15 beers and cocaine, Pedraza killed two men in August 2005 when his Ford Bronco hit a Mercedes SUV that had just left a wedding reception near the Indianapolis Zoo.

Illegal immigrants can be deported for any reason, but in reality only more serious crimes catch the attention of U.S. Immigration and Customs Enforcement, the agency that handles deportations.

With an estimated 12 million immigrants in the United States illegally, an agency spokeswoman said, violent offenders, street gangs, sex offenders and child predators take priority.

As dangerous as drunken driving may be, only the 32-year-old Pedraza's most recent conviction made the cut. He was sentenced to 52 years in prison last month, and Gail Montenegro, a spokeswoman at ICE's Chicago regional office, confirmed there now is a "detainer" on him for deportation upon release.

"Not to belittle (lesser crimes) in any way, but we're focusing our enforcement efforts on those aliens who are the greatest threat," Montenegro said. As a general rule, she said, illegal and some legal immigrants qualify for deportation hearings if they are sentenced to more than a year in prison.

That frustrates Marion County Prosecutor Carl Brizzi, who said a conviction for drunken driving should be grounds for deportation. Pedraza's jail sentences for the first two convictions -- a misdemeanor in 2001 and low-grade felony in 2003 -- totaled 14 days.

"(A DUI) in itself ought to be enough," Brizzi said.

The prosecutor's office now pays more attention to the issue, he said, with a liaison reporting any suspect known to have illegal status to the immigration agency.

But finding out that status can be tough. Pedraza admitted he had entered the United States illegally during a court hearing last year, but often suspects try to hide their status.

Police see immigration as a civil issue and commonly say determining who is a legal resident is beyond the scope of their duties.

So the immigration agency often begins tracking immigrants who qualify for deportation during visits to the Indiana Department of Correction's Plainfield facility, where new inmates are processed.

About every two months, anywhere from a handful to 15 deportation hearings take place at Plainfield, said Randy Koester, the department's chief of staff. Those determine whether foreign citizens will be deported after they serve their sentences.

Less often, illegal immigrants who are deemed threats are tagged at local jails.

Three men who took part in a human-trafficking operation were sentenced last month in Marion Superior Court for holding 20 illegal immigrants captive inside a one-bedroom apartment. One received three years in Marion County Community Corrections. The other two got probation.

Brizzi said all three men -- illegal immigrants themselves -- will face deportation.

Indianapolis has one of the nation's fastest-growing Hispanic populations, and the justice system has coped by hiring court translators and making other accommodations.

David Cook, Marion County's chief public defender, figures many of his office's Hispanic clients are undocumented immigrants. He has hired a Hispanic coordinator to help oversee outreach efforts so suspects and Indianapolis' Hispanic community better understand their rights.
Some advocates question how much local authorities should aid deportations.

Vanessa Lopez, an Indianapolis lawyer who focuses on family law, said immigration is a touchy subject and few want to discuss where to draw the line on deportations. She said the issue becomes more difficult with low-level offenders who have families to support.

"You have to think of each person. If he is the primary breadwinner for three children who are U.S. citizens, what do you do for them? There are so many factors to think about."