This story involves four "anchor babies," and a pathway to citizenship for an illegal alien that crossed our border at least twice, and if charged properly the first time she would now probably be a felon.

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August 16, 2008

Traffic citation against immigrant dismissed

Pregnant woman was shackled after her arrest in Nashville

By CHRIS ECHEGARAY
Staff Writer

It was easily one of the most highly attended, polarizing and notable citation hearings in Berry Hill traffic court history — prompting the presence of immigration advocates, human rights supporters and a representative from the Atlanta-based Mexican Consul.

Friday's hearing stemmed from a traffic stop that led to the shackling of a woman who was nine months pregnant, who later went into labor and gave birth while in custody after her July 3 arrest. It sparked national attention.

Juana Villegas, 33, was pulled over and charged with careless driving and driving without vehicle insurance. She didn't have a driver's license but had a Mexican consulate identification card. Villegas, an illegal immigrant, is facing deportation from the arrest.

With more than 50 people in attendance, Villegas sat near her lawyer as the judge dismissed the careless driving charge on a technicality — the officer wrote the wrong arrest location on the citation.

"I've never had this much support for anything until today," Villegas said. "This is good."

Human rights supporters and immigration advocates say the case signifies an undercurrent of bias against immigrants, possible racial profiling by police and a violation of human rights that led to the arrest of a woman who shouldn't have been taken into custody.

Villegas' lawyer, Elliott Ozment, went over the traffic stop by Berry Hill Sgt. Timothy Coleman and asked if there was a video of the incident recorded in the police cruiser. The video, Coleman said, was not working. The admission drew chuckles and sighs from the crowd.

Coleman testified that Villegas had said, "No legal, no legal" during the traffic stop, and pointed to her stomach and said, "Bambino," the Italian word for baby. Villegas and her 14-year-old son, who served as a translator during the incident, deny those words were said.

The 14-year-old testified that the engine was shut off as he sat in the heat with his siblings, a 2-year-old sister and an 11-year-old brother. He said the officer told them to hug their mother because she was about to be arrested.

Lawsuit considered

Ozment tried to delve into Coleman's history of traffic stops, including questions about his pulling over Latinos. But Judge Larry Cantrell would not allow that line of questioning.

Villegas, who has no criminal record, was held in the Davidson County jail and shackled to her Nashville Metro General hospital bed before and after delivering her baby on July 7.

Villegas was separated from her newborn son for two days and not allowed to bring a breast pump or cream for lactating mothers back to jail.

When a person is arrested on state charges — such as driving without a license, as Villegas was — officers have the option to write a ticket or make an arrest. Coleman opted for arrest out of what his report indicates was concern that "prosecution would be jeopardized."

The implications of an arrest from a basic traffic violation and how local law enforcement interprets immigration law is playing out for all to see, said Stephen Fotopulos, executive director of the Tennessee Immigrant & Refugee Rights Coalition.

"This entire case has galvanized the community to see how a simple, alleged violation can lead to what happened to Juana Villegas," he said.

Still, Villegas faces deportation and it's unknown whether she will stay or go. Ozment declined to comment on her deportation but said he was content with the dismissal of the charge and is considering a human rights lawsuit.

"In the final analysis, the evidence will show the total lack of respect for her, her children and her human rights," Ozment said.

Villegas, a native of Mexico, first arrived in the U.S. in the 1990s. The sheriff's office has said she either was deported or left voluntarily in the late 1990s and then returned to the country without authorization. She has four American-born children.(quote)


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Ephesians 4:32