Thread: CA: Traffic Violation Leads To Immigration Arrest

Traffic Violation Leads To Immigration Arrest

3 Members Of Santos Family Taken Into Custody After Traffic Infraction

POSTED: 4:12 pm PDT November 6, 2010
UPDATED: 5:27 pm PDT November 6, 2010

ESCONDIDO, Calif. -- A North County family is desperate for answers regarding the whereabouts and safety of their three relatives.

Raquel Barrios told 10News a San Diego County Sheriff's Deputy pulled over her friend Minerva Santos late Friday morning for a traffic infraction.

Barrios said the female deputy asked to see immigration papers for all three people inside the car: 9-year-old Nadia Santos, 28-year-old Minerva Santos and 44-year-old Alejandrina Santos.

When no one inside the car had the papers, the deputy called Border Patrol. Barrios said she then received a frantic phone call from Minerva Santos asking her to come to the intersection of Mission Avenue and Fig Street in Escondido.

When she got there, Barrios said she asked the deputy why she called immigration officials about a traffic infraction.

"I [asked], 'Why is that a decision that you made?' and she said, 'It's my prerogative. I can call U.S. Border Patrol if I would like or if I don't want to,'" said Barrios.

Barrios shared with 10News video she recorded of a deputy patting down the two adults and then the little girl. After the three were placed in handcuffs, they were transferred into a law enforcement vehicle and taken away.

Barrios said she had no idea where the three were taken, but she said she knew she had to go back to the Santos home and tell the rest of the family about what happened.

"It was very hard," she said. "How do you tell a child, 'you're going to go home today from school but Mom is not there... sister's not there [and] your niece isn't there either'? There's no dinner."

Left behind at the Santos' north Escondido home were Alejandrina Santos' husband and their daughters, Elizabeth, 10, and Esther, 12.

Esther had tears pouring down her face as she said, "I feel really sad for my mom, my sister and my niece."

Elizabeth, who was also crying, struggled to speak and said, "This can't be happening."

Immigration attorney Cesar Luna said every law enforcement agency had its own policy and discretion when dealing with perceived illegal immigrants.

"Nothing prohibits officers from contacting immigration authorities for anything, but in the instance of pulling someone over for a traffic violation, it's irrelevant the nationality or the immigration status of a person," said Luna.

Barrios said she is aware the family was in violation of the law by not having the proper documentation, but she said, "Only someone who has children and a family can understand [that] we all need to eat."

10News contacted the Sheriff's Department with questions but spokeswoman Jan Caldwell told us she did not have time to get the deputy's side but that anyone who has an issue with the Sheriff's Department should file a report.

http://oneoldvet.com/

http://www.10news.com/news/25658574/detail.html

See, law enforcement doesn't require a law like az's SB1070. Any peace office may inquire of one's immigration status.

Thank you Escondido for being a rule of law city.

Originally Posted by magyart

See, law enforcement doesn't require a law like az's SB1070. Any peace office may inquire of one's immigration status.

That is correct and any peace officer responsible for enforcing criminal law can arrest and detain any illegal alien or anyone else breaking US immigration law and they can do so under their own authority as well as federal authority, and can ask any relevant question they want to determine reasonable suspicion of illegality.

USC Title 8, Chapter 12 .... Section 1324 (c) "authority to arrest".

There's probably more to this story than we know. What was the traffic infraction(s) besides not having a drivers license? Did they resist arrest? I have a hard time believing that they put a 9 year old in handcuffs unless they had a really good reason to.

When no one inside the car had the papers, the deputy called Border Patrol. Barrios said she then received a frantic phone call from Minerva Santos asking her to come to the intersection of Mission Avenue and Fig Street in Escondido.

When she got there, Barrios said she asked the deputy why she called immigration officials about a traffic infraction.

"I [asked], 'Why is that a decision that you made?' and she said, 'It's my prerogative. I can call U.S. Border Patrol if I would like or if I don't want to,'" said Barrios.

Barrios shared with 10News video she recorded of a deputy patting down the two adults and then the little girl. After the three were placed in handcuffs, they were transferred into a law enforcement vehicle and taken away.

Great job deputy! The tax paying American citizens of Escondido thank you! Three illegal invaders in one car! I suspect they were being elusive and uncooperative with the officer, as this is what the illegal invaders are taught from their advocates to do when they come into contact with law enforcement officers.

Illegal invaders have the right to say nothing, and we have the right to deport them. These people are so brazen that they actually have the audacity to question deputies as to why they are enforcing the law! Are these the type of people we should be granting amnesty to? I think not!

A North County family is desperate for answers regarding the whereabouts and safety of their three relatives.

Desperate for answers! Sounds like a SOB story in the makings. You want to know where your relatives are, try mexico, which is where they belong!

Yes, the 9th circuit court Judge in the AZ case the other day on c-span comfirmed that all law enforcement officers have the right to enforce the immigrtion laws with out 287G.

Also according to the law, Homeland Security is breaking the law, pretty sad huh when a government agency especially the one who was put in charge of enforcing the law is breaking it.

(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;

http://www.law.cornell.edu/uscode/html/ ... -000-.html

Yes its sad that the family was split up. This is what hapends when you break the law whether your a citizen or not. If they stop deporting illegals for breaking the law because it hurts their familys then by the same token we should stop sending criminals to prison for the same reason. Its only fair! They knew they were breaking laws by being over here in the first place! NO MORE SOB STORIES!

Sheriff's Dept. Justifies Deporting Family After Traffic Stop

Deputy Called Border Patrol To Detain Santos Family Members At Traffic Stop

POSTED: 7:05 pm PST November 9, 2010
UPDATED: 9:05 pm PST November 9, 2010

ESCONDIDO, Calif. -- The San Diego County Sheriff's Department is defending itself after three undocumented immigrants, including a 9-year-old girl, were deported back to Mexico.

According to the Sheriff's Department, the incident happened on Friday when 28-year-old driver Minerva Santos made a left-hand turn in front of a Sheriff's deputy, coming so close to the deputy that the deputy was forced to slam on her brakes.

"[The deputy] initiated an enforcement stop and contacted the driver who was unlicensed," says Sheriff's Lt. Michael Cea. "It turns out, she was also an undocumented immigrant."


Sheriff's Deputy L. Whalen then called in the Border Patrol to assist, which Cea said is within the jurisdiction of the law.

The Sheriff's Department policy states, "when a person is contacted and is found to be in this country without proper documentation, he or she may be briefly detained for federal authorities."

But immigration attorney Lilia Velasquez said she was outraged when she heard what had happened. Velasquez said the deputy may have been acting under the law, but she could have done so in a more humane way.

"When I heard in fact that a 9-year-old was in the vehicle with the two adults and she was also taken into custody and also patted down, I became very upset," added Velasquez.

Meanwhile Santos' other daughters, Esther, 10, and Elizabeth, 12, are staying with a family friend while their mother, grandmother and sister are in Tijuana.

http://www.10news.com/news/25700080/detail.html

Quote...........Velasquez said the deputy may have been acting under the law, but she could have done so in a more humane way.

WHAT? HUMANE? Bingo and Mariachi music in the federal detention centers is inhumane?