Thread: Traffic Stops Finding Illegal Immigrants

Inside Report for April 27, 2007


Traffic stops finding illegal immigrants

By SONYA KIMBRELL
Advocate staff writer
Published: Apr 27, 2007 - Page: 9b

Being without lawful presence in the United States is a legal phrase common in the world of immigration law, but it’s popping up more often in Baton Rouge as illegal immigrants are being arrested for violations such as driving while intoxicated.

Being without a legal presence in the United States is self-explanatory. It means one thing: You’re in the country without the proper paperwork.

It can mean a person gained entry by fraud or misrepresentation, or the person entered legally but remained in the country after his or her visa expired.

It’s a legal way of saying, “You can’t stay here.”

What happens when a routine local traffic stop nabs someone who’s violating immigration law, a federal violation, isn’t always clear cut.

The U.S. Border Patrol often gets the first call, mainly because its agents are more familiar to local law enforcement, said Ray LaFosse, Border Patrol agent-in-charge.

LaFosse said what typically happens is the person is booked on the original offense.

LaFosse says the cases are referred to agents with Immigration and Customs Enforcement, commonly called ICE, who then investigate.

Usually, a writ is issued, a detainer, to hold the person pending investigation, U.S. Attorney David Dugas said.

The original, or local, offense takes precedence. If the detained person is cleared or released on those charges, then federal agents decide how to handle the immigration violation.

Whether the U.S. Attorney’s Office prosecutes depends on several factors.

If it’s determined this is the first time the person came to the U.S. illegally, it’s considered an illegal entry. These cases are usually resolved by a voluntary departure, Dugas said.

This is a departure without an order of removal. The departure makes the point the person was eligible for removal, but it doesn’t bar the person from seeking future admission at a port-of-entry. The person is then escorted to the nearest point of entry.

“Most of those cases are voluntary departures, and we never get involved,” Dugas said.

The U.S. Attorney’s Office usually gets involved in more complicated cases.

The cases that make it through the federal system usually involve individuals who have repeatedly attempted to enter the country
illegally. Sometimes a case might involve organized smuggling of illegal immigrants.

Other times, a case might involve a person who had legal status in the U.S. but has been convicted in the U.S. of certain crimes,
particularly drug offenses, and is deported as a result.
Published: Apr 27, 2007 - Page: 9b

“They may have been here legally, been convicted of a crime, and then deported,” Assistant U.S. Attorney Susan Amundson said.

A deportation can be grounds for being denied future entry to the U.S. For certain misdemeanors and felonies, the person can be sentenced to up to 10 years in prison. For certain felonies, the person can be charged with illegal re-entry by an aggravated felon, and that carries up to 20 years in prison.

“Obviously, New Orleans is a draw right now for immigrants looking for work.

And I-10 is a draw, too,” Dugas said.

LaFosse, whose agency is involved with enforcement, says immigration violations are being uncovered more frequently during routine traffic violations, especially DWIs.

“We’re seeing it more and more,” LaFosse said. “It’s not uncommon.”

Sonya Kimbrell covers federal court for The Advocate



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