Thread: Tragedy changes justice system

Sunday, 06/10/07

Tragedy changes justice system
Case became federal issue

By DARON HALL
Davidson County sheriff


Tennessee Voices

One year ago, the name Garcia Reyes didn't mean much to me or this community.

It wasn't until last June when he crashed his car into a Mt. Juliet couple on Old Hickory Boulevard and was charged with DUI and vehicular homicide that his name meant something to all of us.




Over a five-year period, Reyes, an illegal immigrant, had been booked into the Davidson County Jail 12 times prior to these June 8, 2006, charges. Although upon each arrest we submitted his name to the federal government, it wasn't until his charge reached an aggravated felony status that the federal system flagged him as an illegal immigrant.

Most of his charges over the years involved DUI, driver's license charges and other misdemeanor offenses. As we moved through last summer, it seemed a similar scenario played out in many areas of Davidson County. In three months, there were six separate homicides all involving illegal immigrants — many of whom had previous encounters with the justice system.

For years, we had a false sense of security believing we were releasing people back into the community who had cleared every hurdle necessary, including a check with Immigration and Customs Enforcement (ICE). What we didn't know was the federal government was failing us all. When searching for answers with Metro Police Chief Ronal Serpas and District Attorney General Torry Johnson, we found a little-known program called the Delegation of Authority Program, or 287(g), operating in only three counties nationwide.

The program gives trained deputies, designated as "ICE" officers, the authority to investigate the immigration status of each foreign-born arrestee brought to jail. We applied with the Department of Homeland Security in August 2006, were approved in December, held training during February and March 2007, and began our first processing on April 16. In the first seven weeks of program operation, we booked a total of 5,693 arrestees. Of those, 631 were foreign-born and 476 of those foreign-born arrestees were placed in removal proceedings. In comparison, last year ICE identified approximately 151 individuals for deportation. We identified that many during our first two weeks.

Our ultimate goal with 287(g) is to increase public safety by detaining and removing those who pose a risk to the Nashville community. Although this is the program's primary purpose, it would be irresponsible to ignore the immigration status of those being brought to jail on misdemeanor offenses. Many want to debate that someone shouldn't be screened if they are only jailed for lower-level charges. History has proven that misdemeanor offenders' crimes often escalate into serious violations. We want to remove these offenders from our community not only because of the strain they place on our justice system but, more importantly, they should be removed before their crimes reach such a horrible conclusion as the Reyes case.

As we explored implementing this program, I recognized early on the importance of reaching out to the immigrant community. We formed an advisory council before beginning 287(g), something no other jurisdiction had done. I meet with this council monthly and will continue to proactively seek their input to address specific program concerns.

Additionally, the advisory council's role is to ease the fears of hard-working, law-abiding immigrants through accurate dissemination of information. Educating the immigrant community encourages cooperation, which is critical to effective law enforcement.

In April, Reyes was sentenced to 25 years in prison for vehicular homicide. He will continue to be a burden on Tennessee taxpayers for the next several years before he is released from prison and, ultimately, deported.

We want to stop the burden and the risk to our community by removing criminal illegal immigrants as they first encounter our justice system, not after it is too late.

http://www.rctimes.com/apps/pbcs.dll/ar ... 7/MTCN0305

I have been livid about this since it happend and all the others the illegals have killed. Fortunately, we have a sheriff who is trying to look out for his people!!