Thread: Some illegals are released

http://news.kypost.com/apps/pbcs.dll/ar ... 40372/1014

Friday, July 14, 2006
Some illegals are released

By Paul A. Long
Post staff reporter


Several illegal immigrants cooperating with authorities in connection with the investigation into the use of undocumented workers in the Northern Kentucky home-building industry are out on bond - with special immigration cards that allow them to work until the federal government no longer needs their testimony and they are sent to prison or deported.

Assistant U.S. Attorney Bob McBride alluded to the program during a hearing Thursday in U.S. District Court in Covington on Raul Floria-Tapia's request to be released from jail. Floria-Tapia, who has pleaded guilty to being in the United States illegally and is being held as a material witness in the case, was released on his own recognizance.

McBride said Immigration and Customs Enforcement has been providing the temporary employment cards to certain individuals. He wouldn't elaborate after the hearing.

Magistrate-Judge J. Gregory Wehrman set a number of conditions on Floria-Tapia's release - including that he must find a job, but he cannot work with any of the people or companies involved in the investigation.

"He's a very good worker," said his attorney, F. Dennis Alerding. "We believe he'll find employment immediately."

Several defense attorneys familiar with the program said the immigrants involved generally have pleaded guilty, are cooperating with prosecutors, have been in the United States a long time and have family here.

The exact number of those who have been granted the work permit is unknown. But it appears to be growing, as more attorneys find out about it and seek to have their clients released.

John Arnett made the request Thursday on behalf of two of his clients, Jose Luis Ramirez-Garcia and Mario Lopez-Ramirez. Both pleaded guilty to being in the United States illegally, and are being held as material witnesses in bigger cases.

Attorney Frank Mungo's client, Nelson Trejo-Salazar, has pleaded guilty to the felony charge of harboring illegal aliens and faces up to 10 years in prison. But he also has been released, and received his temporary card to work legally in the United States this week, Mungo said.

Trejo-Salazar worked as a crew chief for Pratt, Mungo said. Trejo-Salazar currently is in the United States illegally, but he has a wife and a child who is an American citizen. He needs to work to support his family, Mungo said.

That realization prompted the government to take a chance on letting people such as Trejo-Salazar out on bond, Mungo said.

"It shows the United States is not draconian; it's not barbarian," Mungo said.

"He's not being treated special. They didn't have to do this. He could be just sitting in jail right now."

Mungo said the situation is neither ironic nor unjust. Indeed, it's the very essence of how the criminal justice system works.

"The plea bargain is crucial to the criminal justice system, and this is a plea bargain," he said.

"He's willing to cooperate, which he does not have to do. He's willing to testify, which he doesn't have to do. But he broke the law. In the end, he'll face the consequences - he'll be deported, and perhaps go to prison."

This catch & release business has got to stop! What do you think the individual facing 10 years is going to do? I'd bet my bottom dollar he is going to run as fast and as far as he can! All the witnesses will probably run. What happens then - I'll tell you what - you no longer have a case! I don't care if they have a family or not, there are many U.S. citizen single mothers out there making it on their own, what makes these guys family any different. The prison system is filled with husbands, brothers, sisters, mothers, aunts, uncles, etc. A couple illegal immigrant fathers are not special! You do the crime, do the time!