Immigration officials using felonies to track illegals

When police charged Freddy DeLeon Perez with taking the lives of an Enterprise couple in a traffic accident earlier this year, it became more than a local criminal case.

After the filing of manslaughter charges against Perez in the deaths of Angel and Jeremy Seay, federal Immigration and Customs Enforcement agents took an interest as well. The felony case against Perez is among a trend across the Wiregrass of illegal immigrants being discovered after they’re charged with felony crimes on the local level.
Both Houston County District Attorney Doug Valeska and Sheriff Andy Hughes said they’ve seen an increase in crime by alleged illegal immigrants.

Hughes cited one recent case when deputies arrested a man for felony obstruction of justice and felony first-degree forgery in a fraudulent identity case. Deputies originally charged Carlos Cortez, but later found his real name was Luis Arellano-Hernandez. Investigators said Arellano-Hernandez had already been deported 28 times, convicted in federal court of drug crimes, along with a pending conspiracy to distribute drugs charge in Geneva County.

But Hughes said it’s not just people within the Hispanic community. Last year deputies and ICE agents arrested Hai Chao Liu, the former owner of a local Chinese restaurant, who had been wanted by immigration enforcement.

Valeska said many of the felony crimes filed against apparent illegal immigrants in the area tend to involve other illegal immigrants who are the victims of crime. He said his office has prosecuted illegal immigrants charged with a wide range of crimes, from misdemeanor driving under the influence to drug trafficking and murder. But he said because of their illegal status it makes the cases more difficult to prosecute, especially when witnesses don’t want to come forward.

“They’re on an increase from what they used to be, but we don’t have tremendous numbers,” Valeska said. “I’ve had 70 to 80 robberies, but they’re not Latino or Mexicans.”

Cenobio Sanchez pleaded guilty earlier this year to murder in the 2007 stabbing death of another man in Gordon. Sanchez received a 40-year sentence for the slaying, and for several forgery crimes in connection to fake identification.
Valeska also cited the pending murder conspiracy case in Henry County that involves four suspects, including two who police believe to have fled to Mexico. Four people were initially charged with capital murder in the slaying of Victor Cruz Sanchez earlier this year in Abbeville, but Valeska said a grand jury later indicted them on conspiracy to commit murder charges. Sanchez’s body has not yet been found.

Arrested were Jessica Lynn Wilson, wife of the victim, and Tamara Lynn Burns Wilson, mother-inlaw of the victim. Police are still looking for Robert Lee “Robby” Burns and Victor Manuel Solorzano.

Valeska said the crime rate by illegal immigrants has steadily increased, but it still remains lower than the crime rate by U.S. citizens in the area.

“They’ve increased from what they used to be, but it’s because there are more of them,” Valeska said. “The majority, by far, are working and staying out of trouble and going to church.”

With an increase in crime among the immigrant community comes a raised fear level and distrust of authorities.
Valeska said his office has settled several criminal cases on lesser charges involving illegal immigrants because of problems getting witnesses to come forward.

“They’re easy targets because the criminal element know that they won’t call the police,” Valeska said. “The problem is they disappear, and no one will talk in the community.”

Patricia DeVane, who teaches Spanish at International Language Services in Dothan, has worked over the past couple of years with state officials to get a state immigration commission formed through the state Legislature. She said the commission actually consisted of a fact finding study on the impact of illegal and legal immigrants on the state of Alabama.

“A lot of time it’s ignorance on their part,” DeVane said. “Many times they do not realize what the law is here. I’m not saying it’s an excuse, but there are several they think it’s alright in their country so they do it here.”

DeVane said the distribution of Spanish Crime Stoppers brochures to specific communities could help people report crime more often.

“They will probably feel safer,” DeVane said. “The whole purpose of it is to gain their trust in law enforcement. It’s just like the regular Crime Stoppers program but in Spanish.”

Enforcement

Hughes said he’s looking into getting deputies federal authority to work immigration cases in Houston County through the federal 287 g certification program. According to the Department of Homeland Security Web site, only two agencies in the state of Alabama have officers certified to perform immigration customs enforcement duties. According to the Web site, some Alabama state police officers serve as immigration task force officers and officers at the Etowah County Sheriff’s Office Jail have the certification.

Matt Chandler, a spokesperson for the U.S. Department of Homeland Security, said law enforcement agencies on the local level have to apply for the certification, and once accepted their officers have to get special training.

“In the task force model they’re trained and given the authority to investigate, identify and initiate removal proceedings against criminal aliens out in the community,” Chandler said. “It acts as a valuable force multiplier for our ICE agents. By partnering with local enforcement agencies we can identify and remove criminal aliens from communities more effectively.”

Sgt. Tracy Nelson, who works in the Dothan Driver’s License Office in the state Department of Public Safety, said there are three local officers in the Wiregrass who serve as ICE officers, along with their regular duties as state troopers or driver’s license officers.

According to federal court records, an illegal immigrant charged with illegal reentry into the U.S. can face up to two years in federal prison and deportation. At least two people in the Wiregrass have been charged with that crime this year.

“It’s illogical to think you can ship everyone of them,” DeVane said. “Think of the consequences the economy would suffer.”

DeVane said many of the illegal and legal immigrant population fill a large part of the labor work force across the Wiregrass, from farming to construction, landscaping and chicken plants.

“Sadly enough, a lot of people that don’t have papers make it harder on those that do,” DeVane said.

Stephen McGowan, a Dothan lawyer, said he’s served as the attorney for illegal immigrants on the local and federal level across the Wiregrass.

“It’s amazing the demand for immigration law and naturalization,” McGowan said. “The main reason is the influx in the Latino population.”

McGowan said the need for immigration law expertise in the Dothan area has multiplied 10 times over the past several years.

“Most of them are scared to death about the possibility of being arrested and deported, but they’ll come in to me to see if they can get legal,” McGowan said. “Probably only one out 10 I can help. The other nine have walked across the border in the middle of the night. Once you’re illegal there’s little or nothing you can do for somebody.”

McGowan said enforcement of illegal immigration should be handled on the federal level, not by local law enforcement.

“Immigration is a federal problem. It’s not supposed to be something we do on a local level. Our guys here have enough to do,” McGowan said. “The bad guys, you know the murderers and drug dealers, you certainly want them out of here. But you know most of the guys are good, hard working family people that are trying to make a better life for themselves.”