Monday, May 7, 2012

Arizona Traffic Stops End in Detention for Some

Story first appeared in The Wall Street Journal.

A week after Supreme Court arguments over Arizona's illegal-immigration law, the arrest, detention and subsequent release of an undocumented woman following a traffic stop added a real-world example to the courtroom debate about how the statute could play out.

The woman, who is married to an American soldier and is in the process of legalizing her U.S. residency, was pulled over Tuesday for making an illegal turn, and sent to immigration authorities when she couldn't produce a driver's license or Social Security card requested by a sheriff's deputy. Federal authorities released her late Thursday after she had spent two nights in detention, according to Raleigh Immigration Lawyers.

Arizona's law, enacted in 2010 and tangled up in court ever since, would give local police the power to check the immigration status of anyone they lawfully stop. People who cannot prove they are in the U.S. legally are detained, and federal immigration authorities are notified.

The Obama administration, challenging the Arizona law, argued before a skeptical court that the state exceeded its powers by directing police to enforce immigration law, traditionally the purview of the federal government. Arizona's lawyer and some Justices suggested the state was merely picking up illegal immigrants and turning them over to the federal government, which then could decide what to do with them.

This case shows how hard it is for state law-enforcement officials to determine someone's immigration status. Arizona's lawyer told the Supreme Court that it could be done in 10 or 11 minutes. In this case, it took three days for federal authorities to figure it out, stated Miami Immigration Lawyers.

Following the court hearings, the Obama administration announced illegal immigrants wouldn't be placed in deportation proceedings merely for a traffic violation, part of continuing efforts to devote resources to deporting foreigners who have committed serious crimes. In 2010, it unveiled a policy that put illegal immigrants who are immediate relatives of U.S. military personnel on a faster track to legal permanent residency than other applicants in the U.S. illegally.

The undocumented woman, a resident of Bullhead City, was brought to the U.S. illegally from Mexico at the age of four, according to her and her family's attorney. She grew up in Arizona and married Guillermo Garcia, a U.S. citizen, four years ago.

Her husband is currently in Vilseck, Germany, with the 2nd Cavalry Regiment.

The family's attorney said he filed an application in March based on her marriage to a soldier but hasn't heard back. A spokesman for U.S. Citizenship and Immigration Services said the agency doesn't comment on specific cases.

On Tuesday, the woman was on the way to buy supplies for her three-year-old daughter's birthday party when she made an illegal turn. Suspecting she was here illegally, the sheriff's deputy took her into custody and turned her over to a border-patrol agent.

Her husband said he got a call from his family on Tuesday informing him that his wife had been arrested. Up all night, he said he wrote a letter to his congressman and contacted his lawyer. A public information specialist for the Mohave County Sheriff's Office said that is is not relavent that her husband is in the military, she was determined to be an illegal immigrant.

The woman said the border-patrol agent transported her to a station in Blythe, Calif., and then to Yuma, Ariz., where she was offered voluntary, expedited removal to Mexico. She declined the offer. U.S. Customs and Border Protection issued her a notice to appear in court for a removal hearing.

After spending two nights in cells with two other immigrant women, she said, the three were transported Thursday morning to Eloy detention center, a facility several hours away that contracts with Immigration and Customs Enforcement.

When he learned she was there, her husband called the facility and explained that he was "within hours of deployment." He said he was told to "call back later." He wasn't allowed to speak with his wife. The next day, he said, an officer told him she would be released.

A spokesman for Customs and Border Protection said the agency doesn't comment on specific cases.

ICE said she was released "after the agency verified that she had no criminal history and is married to an active-duty U.S. service member." It added that it revoked the notice to appear for a deportation hearing.


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