Thread: Jailers required to report illegal workers

Immigrants fear being deported under new law
BY TAVIA D. GREEN • THE LEAF-CHRONICLE • January 16, 2011

Riley Black, 8 months old, began to cry after dropping her bottle on the floorboard of the family's Nissan Altima.


Her mom Stephanie Mason was driving on Highway 41-A to visit family in Clarksville. Lorne Black, Riley's father, unbuckled his seat belt and turned around to find the bottle.
Suddenly, Mason screamed Lorne's name. A white truck veered off the road, overcorrected and came toward the car that held Black, Mason, their daughter and 2-year-old son Tristen.
"I saw the truck coming." Mason said. "I tried to go to an opening on the side of the road. I jerked the wheel. I slammed on my breaks. But I didn't make it. ... It was bad."
The truck caught fire. The driver was severely burned and Lifeflighted to Vanderbilt University Medical Center.
Black almost died. He spent 26 days in the hospital with his eye sockets crushed, 28 fractures in his skull, a shattered jaw and a split knee cap.
The driver of the truck was later identified by Immigration Customs Enforcement agents as Geremias Morales-Martines, now 31. He did not have a social security number, driver's license, registration or insurance.
He had a job, though. Morales-Martines worked at a tobacco farm in Cheatham County. It is still unknown if he had the proper documents to work there.
After his release from Vanderbilt, Morales-Martines was charged with DUI, vehicular assault and four counts of reckless endangerment. In January 2009, he was found guilty of reckless endangerment and DUI and sentenced to serve 11 months and 29 days in the Montgomery County Jail.
Records at ICE did not find him in the database of undocumented immigrant detainees. It is unknown if Morales-Martines was deported. ICE officials questioned him following the wreck, and that's the only reason local authorities know his name.
Black's mother, Peggy, said the family has suffered with more than a half million dollars in medical bills and her son can't find work because of his injuries.
"I would like to see a crackdown on the fact that (illegal immigrants) are here," Peggy Black said. "But do not overlook farmers, saw-mill operators and those who give illegal immigrants jobs. There should be tougher penalties on those that bring them here and hire them. They should be held liable for a crime when they commit it."
A new law taking effect just a few weeks ago, a new state immigration law — patterned after a similar one in Arizona — requires jailers to report suspected undocumented immigrants.The law may be new, but Montgomery County Jail Administrator Douglas Tackett said officials at the jail have been gathering information about possible illegal immigrants and relaying it to ICE for some time.
"We ask everyone 'Where were you born?' and 'Are you a U.S. citizen?'" Tackett said. "We've always done that."
If inmates have information that suggests they are in the U.S. illegally, Montgomery County Jail personnel create a "pack," with information, including photos and fingerprints. The information is faxed to ICE, and ICE decides whether to deport those individuals.
Statistics on how many illegal immigrants had been in the Montgomery County Jail in past years were not available. The numbers will be tracked and analyzed in 2011 for auditing purposes, Tackett said.
Temple Black, a spokesman for ICE, explained that when individuals are arrested by local law enforcement authorities and suspected of being an illegal immigrants, ICE is contacted to determine their nationality. If the individuals are found to be here illegally, ICE places a detainer, or an administrative hold, on them. If the individuals are prosecuted for a crime and convicted, they must serve their sentence in the jurisdiction where the crime occurred.
After the sentence has been completed, ICE is notified, and the individuals are turned over to be processed for deportation, Temple Black said.
Not all undocumented immigrants are automatically deported, though.
ICE officers determine their immigration status and, if appropriate, start deportation proceedings. Based on the totality of the individual's immigration and criminal history, ICE will determine the appropriate custody conditions.
An immigration judge makes the final determination of who gets deported, Temple Black said.
"There are numerous factors that affect ICE's ability to remove some foreign-born nationals," Temple Black said.
If an immigrant is deported, he added, most removals are paid for by the federal government at an average cost of $1,000 per detainee.
ICE provides removal statistics by Area of Responsibility. The New Orleans AOR includes Louisiana, Mississippi, Alabama, Arkansas and Tennessee. According to ICE statistics, 14,803 people were deported from the New Orleans AOR in 2008. Another 11,786 were deported in 2009.
Law's effect
Gary Hodges, a local attorney, represents many illegal immigrants in Clarksville.
Before the new law, many immigrants lived in Clarksville without fear of deportation, Hodges said.
The new law is difficult to enforce because of the large number of illegal immigrants, but deportation — rarely seen in Clarksville — is taking on a bigger role, he added.
He said the vast majority of illegal immigrants do not commit serious felonies, and they are entitled to the same Constitutional rights as U.S. citizens.
"Our courts treat them no different in Montgomery County than (they do) any other person," he said.
However, ICE can place holds on people suspected to be illegal immigrants. When a hold is placed on an individual, ICE has 48 hours to pick up that person. If he or she isn't picked up in 48 hours, then he or she can be released from jail, Hodges said.
David Morales, communications director at Tennessee Immigration and Refugee Reform said the new law has already yielded reports of racial profiling even though the organization's research into the effects of the law is just beginning.
"The law is a mandate that the jailers — only the jailers — have to try and determine citizenship and legal status," Morales argued.
He also believes there are problems with placing holds on individuals who haven't been charged with serious crimes or who have done nothing wrong.
"We have heard of cases of the jailer holding people for longer (than 48 hours)," Morales said. He added that there have been reports of law enforcement agents questioning people about their citizenship status and arresting them based on that alone.
http://www.theleafchronicle.com/article ... /101160340

Immigrants fear being deported under new law

If they are illegal then they should be , that's the idea

He said the vast majority of illegal immigrants do not commit serious felonies, and they are entitled to the same Constitutional rights as U.S. citizens.

They break the law on a daily basis by being here illegally. A crime is a crime whether you consider it to be serious or not, there should not be a double standard when enforcing our laws.

Originally Posted by busygirl

He said the vast majority of illegal immigrants do not commit serious felonies, and they are entitled to the same Constitutional rights as U.S. citizens.

They break the law on a daily basis by being here illegally. A crime is a crime whether you consider it to be serious or not, there should not be a double standard when enforcing our laws.

Your exactly right BG...... and welcome to Alipac

Anyone and I mean anyone who does not oppose Illegal Aliens being here is getting paid from their presence here period!

Anyone and I mean anyone who does not oppose Illegal Aliens being here is getting paid from their presence here period!

A Majority of Americans oppose illegal immigration but they won't do more to stop it. Most are not educated on the real danger of illegals being here, after years of listening to basic IA myth's and lies. Such as "they just take the job's Americans won't do" , or they pay taxes in so America needs the, "they don't hurt anyone". It would help if Americans would stop doing business with those who hire illegals and start playing a more active role to stop the invasion.

Originally Posted by busygirl

A Majority of Americans oppose illegal immigration but they won't do more to stop it. Most are not educated on the real danger of illegals being here, after years of listening to basic IA myth's and lies. Such as "they just take the job's Americans won't do"

That's it! I talk to people almost every week who believe this nonsense. They believe it because the local mainstream media are filled with it. And not one word connecting illegals to unemployed Americans, not one word about overpopulation, and only incidental references to illegals in our schools.
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Americans first in this magnificent country

American jobs for American workers

Fair trade, not free trade

David Morales, communications director at Tennessee Immigration and Refugee Reform said the new law has already yielded reports of racial profiling even though the organization's research into the effects of the law is just beginning.

ahh the same old song and dance, eh David?

Are we supposed to put a quota on how many criminals to release based on their "race"?? Riiight, I can just see it now...wait! we can't arrest any latinos until we arrest 25 more whites. What does color have to do with crimes committed? Does that mean police can't arrest any black people in an area that has a high percentage of blacks? How do you racially profile in non-diverse areas?

If you do the crime, you do the time. If the time includes deportation, because you are an illegal alien, them's the breaks. Quit your whining, put on your big boy pants and grow a pair!!