Thread: TN-Woman who gave birth in sheriff’custody challenges 287g

Woman who gave birth in sheriff’s custody challenges 287(g)
Tuesday, May 26, 2009 at 12:45am
By Nate Rau

The woman who gave birth while in custody last July and was set on a path to deportation as part of the controversial 287(g) program has filed suit in federal court seeking damages along with a ruling that would change United States policy on immigration enforcement nationwide.

Juana Villegas filed suit in U.S. District Court for the Middle District of Tennessee earlier this month and named Metro, the Davidson County Sheriff’s Office and the United States Department of Homeland Security as defendants. Homeland Security oversees the Immigration and Customs Enforcement office, which implements 287(g).

The Davidson County’s Sheriff’s Office has utilized 287(g) since 2007. The program allows local law enforcement to check the immigration status of those who enter the local jail.

More than 5,000 individuals have been identified as illegal immigrants in Nashville because of 287(g).

However, opponents have criticized the program because it sometimes sends individuals on the path to deportation for something as minor as a traffic stop.

Villegas was pulled over last July in Berry Hill for careless driving after she allegedly changed lanes without using a turn signal. Berry Hill Police Sgt. Tim Coleman elected to arrest Villegas, who was nine months pregnant, instead of issuing her a traffic citation and once she was in the Davidson County jail, she went into labor.

According to reports, Villegas was taken to Metro General Hospital at Meharry, where she was shackled to her bed during the early parts of her labor and after she gave birth. She was denied a breast pump and went hours without seeing her child, reports show.

Eventually, Villegas had the original traffic charge dismissed because Coleman reportedly did not fill out the citation correctly.

While she still faces deportation, her attorney Elliot Ozment has filed suit to block that.

Currently, Villegas filed suit in federal court to receive damages and to have the court rule on the legality of 287(g).

The Department of Homeland Security filed a motion to dismiss, which Villegas’ attorneys — along with Ozment the Nashville firm Sherrard and Roe is representing her — answered last week. Villegas’ attorneys argued that the Department of Homeland Security must remain a party to the lawsuit because “Metro cannot provide the relief she desires from ICE: changes in its unauthorized and unconstitutional policies.â€

However, opponents have criticized the program because it sometimes sends individuals on the path to deportation for something as minor as a traffic stop.

This is just what they are trying to brain wash us with, what crap, she was on a path to deportation because she was here illegally....crossing the border any where other than an inspection station is ILLEGAL!!

And did she even have a drivers license and insurance?? If not there is 3 unlawful (criminal acts) already. DEPORT HER AND QUIT TYING UP OUR COURTS!!

This is what happens when you have powerful entities like the ACLU,Maldef, etc. trying to make the laws of this land inept. This is what happened years ago when Californians overwhelmingly passed prop. 187 which would have basically stopped many of these"enabling' programs for illegals. The judge (appointed by Jimmy Carter) threw it out saying it was unconstitutional. That was the beginning of the end of California. States better fight this crap now or you'll all resemble Mexifornia.

Fix the 14th on anchor babies and deport her. Is the dad a legal resident or a US Citizen

Currently, Villegas filed suit in federal court to receive damages and to have the court rule on the legality of 287(g).

Legality??? Are you kidding me? 287(g) is legal, she is NOT. How about ruling on the legality of her presence in the US?

How dumb to not use any and all law enforcement activities to garner the real identity and the legality of any individual. This woman is being used as a test case for the special interests groups and my guess would be the man that this paper gives lots of ink to, Elliott Ozment (advocate), the TIRRC, and other groups seeking amnesty and free services for those who violate our borders and our laws.

Galatians 6:9

how about we just deport the biotch and her baby. NO questions asked.
your here illegally and you broke the law. you deserve what you get

Originally Posted by miguelina

Currently, Villegas filed suit in federal court to receive damages and to have the court rule on the legality of 287(g).

Legality??? Are you kidding me? 287(g) is legal, she is NOT. How about ruling on the legality of her presence in the US?

Agreed!

However, opponents have criticized the program because it sometimes sends individuals on the path to deportation for something as minor as a traffic stop.

What do these "opponents" not understand? Illegal aliens who are in our country broke the law by being here. Deportation is required for all of those who broke into our country.

Baby or not, she's still a deportable illegal alien. Give the kid a passport.

Dixie