Watching illegal immigrants is tough job

11:00 PM EDT on Thursday, May 19, 2005
WVEC13
Reported by: Doug Aronson

A drug bust this month in Emporia netted more than 50 pounds of marijuana. The suspects were also accused of holding fake resident alien cards.

It's a growing problem with the growing number of illegal immigrants settling in southeastern Virginia. Immigration agents are clearly outnumbered. So much so that undocumented workers and offenders of minor crimes are not a priority. Sometimes that may come at deadly price, as with a case in James City County.


Brittany Binger was found dead on January 3.

It's possible that Oswaldo Martinez, indicted Thursday for capital murder in the killing of 16-year-old Brittany Binger, might not be behind bars today.

He might have been subjected to deportation proceedings last year after James City County police pulled him for a DUI. Martinez didn't have a driver's license, handed over questionable ID and spoke little English.

"Yes, I'm sorry the INS wasn't contacted a year ago and if there was a breakdown in communication between our department and the jail, then we’ll sort through that," said Dep. Chief Emmett Harman.

The department has since changed its policy now that Martinez has been flagged as an illegal immigrant from El Salvador.

While local and federal authorities know that now, they cannot say that all the other illegal immigrants they pick up on misdemeanors could be suspected killers. "There's no way I can predict or anyone can predict that someone is going to commit a crime in the future. It's very difficult," said Mike Netherland with Immigrations and Customs Enforcement, called ICE.

Severely outmanned, Immigration agents are prioritizing their cases. Homeland security is first and foremost, which includes protecting the ports and the military installations. Then, they go after violent felons.


When it comes to misdemeanors, such as Martinez' first offense DUI, the illegals are essentially off the radar screen. Some, in fact, are given temporary protected status, even with a misdemeanor on their record. "We can actually have someone here illegally belonging to a criminal gang which could or could not have connections with terrorist countries. We can't even deport them if we know them," says Rep. Randy Forbes, (R-VA, 4th District).

Congressman Forbes is sponsoring legislation aimed at cracking down on gang activity. While there's no evidence linking Martinez to the Salvadoran gang MS-13, which already has a foothold in Virginia, Forbes believes foreign-born gang members have exploited a loophole in the law that allows some to seek asylum in America.

Most illegals come to America to find work. Authorities have no idea just how many are in Hampton Roads, but they estimate the number to be around 100,000.

In the past couple of years, dozens of illegals have been rounded up working at the Norfolk International Terminals, Naval Amphibious Base Little Creek, NAS Oceana, Norfolk Naval Base and Northrop Grumman Newport News shipbuilding. None has been linked to terrorism.

In fact, most were sentenced to time served and deported. "I don't think any of them were violent criminals in any way. These were just people caught working here who weren't supposed to be here," said defense attorney Richard Colgan.

Still, with illegal immigration flourishing in the U.S., few people in government are willing to look the other way when the threat of terrorism looms.

"We just can't be good and we can't just be vigilant. We've got to be successful and all of the time. They only have to be lucky once," said Forbes.

Congress is looking at legislation right now that could help sentry guards and employers determine on the spot if the IDs they're given are legitimate. It’s called The Real ID Act and would require states to demand up to six forms of identification for driver's license applicants.

Then, there's another immigration issue. The problem of undocumented workers is so massive that the jails can't hold them all. Some immigrants are released on their own recognizance and don’t show up for their hearings, ending up on the run again.