By T.J. Aulds
The Daily News
Published December 28, 2008
TEXAS CITY — The man found stuffed in the trunk of a car that had been abandoned in the driveway of a Texas City home on Christmas Night was identified as an illegal immigrant from Honduras, police said Saturday.
Abisai Hernandez-Garcia, 31, was stabbed and beaten before being stuffed into the trunk of his green 1997 Mitsubishi Galant. The vehicle was abandoned in the driveway of a family’s home in the 100 block of 28th Street about 10 p.m. Thursday.
After calling police about the abandoned car, the homeowners said dispatchers suggested they call a towing company to have it removed, since the vehicle was on private property.
As they waited for the wrecker to arrive, the couple searched for records to identify the owner.
They opened the trunk to discover the man’s body inside.
The medical examiner would not be able to confirm until Monday Hernandez-Garcia’s cause of death. Police said he had been dead less than 24 hours when his body was discovered.
Texas City Police Capt. Brian Goetschius said Hernandez-Garcia had been deported at least once, possibly twice. He had also been arrested twice this year by Texas City police for driving without a license and in November was arrested on a charge of public intoxication.
Outside of those instances, police have very little information about the victim, Goetschius said. They were working with federal immigration officials to find out more about his background.
The police department also was going to contact the Honduran consulate to notify the victim’s family.
Hernandez-Garcia’s body was dumped just a few blocks from the Velami Apartment complex where he lived, Goetschius said. While the transfer of the title had never been completed, police obtained records that show the victim had purchased the Galant about a month before he was found dead.
Goetschius said the car had been reported abandoned at another location in Texas City on Dec. 21. The orange tow warning sticker was still on the car’s windshield.
Police did confirm Hernandez-Garcia had no connection to the owners of the home where his car was dumped.
“We’re bewildered why the vehicle was left there,” Goetschius said.
Hernandez-Garcia’s death is the second case in Texas City of an illegal immigrant’s body found under mysterious circumstances. On Dec. 11, the body of an illegal immigrant from El Salvador was found dead in a field on Amburn Road about three blocks from College of the Mainland.
Police were led to that gruesome discovery after an anonymous phone tip to 911.
Goetschius said the two deaths do not appear to be related.
+++
How To Help
Texas City police asked that anyone with information call 409-643-5760 or Crime Stoppers at 409-948-8477.
Showing posts with label Illegal Immigrants. Show all posts
Showing posts with label Illegal Immigrants. Show all posts
December 28, 2008
December 23, 2008
Officials Arrest 5 Illegal Chinese Immigrants Flown to Wharton
Last Edited: Tuesday, 23 Dec 2008, 3:50 PM CST
Created: Tuesday, 23 Dec 2008, 3:50 PM CST
McAllen, Texas FOX 26 News
HOUSTON -- Five undocumented Chinese immigrants were captured after federal and local officials tracked a suspicious aircraft that departed from McAllen and landed in Wharton, according to a statement from the U.S. Customs and Border Protection.
The Air and Marine Operation Center, located in Riverside, Calif., tracked the suspicious plane on radar as it landed in Wharton and alerted the Houston Air and Marine Branch to look out for the aircraft as it neared Sugar Land, according to the statement.
Law enforcement officials then engaged in a high-speed chase after the undocumented passengers after they entered into a vehicle waiting for them at the airport, according to the statement.
The five undocumented immigrants were eventually arrested and placed into the custody of the Immigration and Customs Enforcement agents, according to the statement. However, the vehicle's driver escaped into a wooded area.
ICE agents plan to investigate the crew's activities regarding the transport of illegal aliens, according to the statement.
"This successful joint DHS agency and law enforcement effort is a superb example of effective strategic partnerships and operational teamwork in action," David Lent, Director of Air Operations said in the prepared statement.
Created: Tuesday, 23 Dec 2008, 3:50 PM CST
McAllen, Texas FOX 26 News
HOUSTON -- Five undocumented Chinese immigrants were captured after federal and local officials tracked a suspicious aircraft that departed from McAllen and landed in Wharton, according to a statement from the U.S. Customs and Border Protection.
The Air and Marine Operation Center, located in Riverside, Calif., tracked the suspicious plane on radar as it landed in Wharton and alerted the Houston Air and Marine Branch to look out for the aircraft as it neared Sugar Land, according to the statement.
Law enforcement officials then engaged in a high-speed chase after the undocumented passengers after they entered into a vehicle waiting for them at the airport, according to the statement.
The five undocumented immigrants were eventually arrested and placed into the custody of the Immigration and Customs Enforcement agents, according to the statement. However, the vehicle's driver escaped into a wooded area.
ICE agents plan to investigate the crew's activities regarding the transport of illegal aliens, according to the statement.
"This successful joint DHS agency and law enforcement effort is a superb example of effective strategic partnerships and operational teamwork in action," David Lent, Director of Air Operations said in the prepared statement.
December 20, 2008
We the People Jeers to Bud Kennedy
Jeers: To Bud Kennedy for continuing to advertise his ignorance of the facts. He continues to write about people and organizations that are "anti-immigration." They are anti-illegal immigration. Will someone please explain the difference to Kennedy?
— Wayne Pricer, Edgecliff Village
— Wayne Pricer, Edgecliff Village
December 19, 2008
Williamson commissioners set to vote on immigrant detention operator
Critics have condemned holding families in former prison, but some officials lean toward renewing contract.
By David C. Doolittled
AMERICAN-STATESMAN STAFF
Williamson County commissioners are set to vote next week on renewing a contract with the company that operates a much-criticized immigrant detention center in Taylor.
Since 2006, the county has had a contract with Corrections Corp. of America and U.S. Immigration and Customs Enforcement to act as the intermediary between the two and disburse federal funds for the T. Don Hutto Residential Center, which holds immigrant families while they await decisions in their immigration cases.
That contract is set to expire Jan. 31, and commissioners will take up renewing the contract for another two-year term during Tuesday's meeting.
County Judge Dan A. Gattis and Commissioner Ron Morrison, whose precinct includes the detention facility, said they are leaning toward renewing the contract. Precinct 1 Commissioner Lisa Birkman and Precinct 3 Commissioner Valerie Covey said they are undecided. Several calls to Commissioner Cynthia Long were not returned.
"I'm leaning to renew because I did the last time," Morrison said. Commissioners voted to renew the contract in January 2007.
"I based it on touring the facility and looking at the situation. I like the idea that families stay together, are fed, clothed and in a comfortable place — as comfortable as an ex-prison can be. You can't hide the fact that it was once a jail cell."
Morrison said he has visited the former medium-security prison three times and plans to tour it again Monday.
The county's contract with Corrections Corp. and Immigration and Customs Enforcement allows for any party to terminate the contract within 120 days.
Gattis said that because of the 120-day period and because he expects some changes to immigration policy when Barack Obama becomes president, he'd rather renew the contract and wait to see what the new administration might do.
"Unless something jumps up and bites me, I will vote to renew," Gattis said. "I think we're going to need time to assess what the administration wants to do, and we'll support what they want."
Birkman, who voted for renewing the contract in 2007 "with reservations," said she understands the reasons for the facility. "But on the other hand, I would feel more comfortable if they were not in a prison setting," she said.
Covey said a tour of the 512-bed facility on Monday will help her make a decision.
Critics have protested the detention of children and have pushed for alternatives such as electronic monitoring and intensive supervision.
"There is the taint of using taxpayer dollars to pay a private company to do something that can be done more humanely and just as effectively at a much smaller cost," former Georgetown Mayor MaryEllen Kersch said. "The for-profit prison industry has benefited greatly from the demonization of immigrants."
Federal officials have said they have an obligation to ensure that those accused of being in the U.S. illegally show up for their court hearings.
Steve Owen, a spokesman for Corrections Corp., said if the contract is not renewed, families could be split apart waiting for hearings. He said the company has worked to make the facility safe and humane. Several calls to immigration officials were not returned.
ddoolittle@statesman.com; 246-0040
By David C. Doolittled
AMERICAN-STATESMAN STAFF
Williamson County commissioners are set to vote next week on renewing a contract with the company that operates a much-criticized immigrant detention center in Taylor.
Since 2006, the county has had a contract with Corrections Corp. of America and U.S. Immigration and Customs Enforcement to act as the intermediary between the two and disburse federal funds for the T. Don Hutto Residential Center, which holds immigrant families while they await decisions in their immigration cases.
That contract is set to expire Jan. 31, and commissioners will take up renewing the contract for another two-year term during Tuesday's meeting.
County Judge Dan A. Gattis and Commissioner Ron Morrison, whose precinct includes the detention facility, said they are leaning toward renewing the contract. Precinct 1 Commissioner Lisa Birkman and Precinct 3 Commissioner Valerie Covey said they are undecided. Several calls to Commissioner Cynthia Long were not returned.
"I'm leaning to renew because I did the last time," Morrison said. Commissioners voted to renew the contract in January 2007.
"I based it on touring the facility and looking at the situation. I like the idea that families stay together, are fed, clothed and in a comfortable place — as comfortable as an ex-prison can be. You can't hide the fact that it was once a jail cell."
Morrison said he has visited the former medium-security prison three times and plans to tour it again Monday.
The county's contract with Corrections Corp. and Immigration and Customs Enforcement allows for any party to terminate the contract within 120 days.
Gattis said that because of the 120-day period and because he expects some changes to immigration policy when Barack Obama becomes president, he'd rather renew the contract and wait to see what the new administration might do.
"Unless something jumps up and bites me, I will vote to renew," Gattis said. "I think we're going to need time to assess what the administration wants to do, and we'll support what they want."
Birkman, who voted for renewing the contract in 2007 "with reservations," said she understands the reasons for the facility. "But on the other hand, I would feel more comfortable if they were not in a prison setting," she said.
Covey said a tour of the 512-bed facility on Monday will help her make a decision.
Critics have protested the detention of children and have pushed for alternatives such as electronic monitoring and intensive supervision.
"There is the taint of using taxpayer dollars to pay a private company to do something that can be done more humanely and just as effectively at a much smaller cost," former Georgetown Mayor MaryEllen Kersch said. "The for-profit prison industry has benefited greatly from the demonization of immigrants."
Federal officials have said they have an obligation to ensure that those accused of being in the U.S. illegally show up for their court hearings.
Steve Owen, a spokesman for Corrections Corp., said if the contract is not renewed, families could be split apart waiting for hearings. He said the company has worked to make the facility safe and humane. Several calls to immigration officials were not returned.
ddoolittle@statesman.com; 246-0040
December 18, 2008
Frisco: Police arrest suspect for 2006 sexual assault of elderly woman
By Ann Marie Shambaugh, Staff Writer
(Created: Thursday, December 18, 2008 4:18 PM CST)
Frisco police arrested a Honduran man this morning who is accused of sexually assaulting an elderly woman in her home here more than two years ago.
Manuel Guerra, 24, was arrested at a relative’s home in Dallas at 6:30 a.m. Thursday. Police said that they believe the suspect was living abroad after the alleged incident, and that he returned to the Dallas area recently.
Guerra is accused of sexually assaulting a 79-year-old woman in her home in the Old Donation area of Frisco on Aug. 15, 2006. Reports stated that the victim told police she had been sleeping in the early hours of the morning when she awoke to find a man standing next to her. She yelled at him to leave and he fled, only to return. Police found a broken window on the back door of the house.
Frisco Police Department spokesman Officer Greg Barnett said that the investigation included assistance from several agencies.
“We had some tips from Crime Stoppers as well as evidence that was recovered at the scene,” Barnett said.
The Immigration and Customs Enforcement/Detention and Removal Office and the U.S. Marshal’s Joint East Texas Fugitive Task Force also assisted in the investigation.
Police charged Guerra with aggravated sexual assault, and his bond is set at $150,000.
(Created: Thursday, December 18, 2008 4:18 PM CST)
Frisco police arrested a Honduran man this morning who is accused of sexually assaulting an elderly woman in her home here more than two years ago.
Manuel Guerra, 24, was arrested at a relative’s home in Dallas at 6:30 a.m. Thursday. Police said that they believe the suspect was living abroad after the alleged incident, and that he returned to the Dallas area recently.
Guerra is accused of sexually assaulting a 79-year-old woman in her home in the Old Donation area of Frisco on Aug. 15, 2006. Reports stated that the victim told police she had been sleeping in the early hours of the morning when she awoke to find a man standing next to her. She yelled at him to leave and he fled, only to return. Police found a broken window on the back door of the house.
Frisco Police Department spokesman Officer Greg Barnett said that the investigation included assistance from several agencies.
“We had some tips from Crime Stoppers as well as evidence that was recovered at the scene,” Barnett said.
The Immigration and Customs Enforcement/Detention and Removal Office and the U.S. Marshal’s Joint East Texas Fugitive Task Force also assisted in the investigation.
Police charged Guerra with aggravated sexual assault, and his bond is set at $150,000.
December 17, 2008
Editorial: ID provides useful immigration tool
There are reasons to be squeamish about the new "temporary visitor" licenses and ID cards that the Department of Public Safety now issues to legal immigrants. There are also strong justifications, and, on balance, they outweigh the drawbacks.
The vertical layout of the new card is designed to distinguish its holder as someone deserving of extra scrutiny, which doesn't sit well with many people. Immigrants might feel they're getting a mixed message. We tell them to assimilate, but we issue them a special ID that says: You're not one of us.
Yet this new format and the security measures behind it are necessary. There are 12 million or more illegal immigrants residing in America, and according to a 2006 Pew Hispanic Center study, nearly half of them arrived legally but overstayed their visas.
The new cards specifically address this problem, getting rid of the standard expiration periods that allowed immigrants to drive legally or present a valid ID even though they were in the country illegally. Instead, temporary visitors' licenses will expire when their visas expire. The vertical format – the same one used for minors – tells law enforcement personnel to be extra vigilant.
Critics say the vertical card unnecessarily stigmatizes immigrants. Besides, the expiration date is all that really matters. But when officers in most cities stop drivers and see that the license expiration date has lapsed, the driver will receive only a misdemeanor citation. No arrest occurs.
With horizontal licenses, officers have no way of quickly determining whether a "foreign-looking" driver should be detained or allowed to leave. Ethnic considerations come into play as the officer decides whether an immigration check is necessary. The horizontal ID invites racial profiling. The vertical ID dramatically reduces that problem.
Critics counter that state and local authorities are busy enough; immigration enforcement is the federal government's job. True, but it's obvious that this task is too big for the federal government to do by itself.
Sometimes state and local authorities must get involved because they are the ones who encounter illegal immigrants most often. More and more communities are demanding that local authorities assume a more aggressive role. We believe those cases should be rare.
The city of Irving is an example of federal-local cooperation through the Criminal Alien Program. And last month, Dallas County announced that prisoners' information will be checked against a federal immigration database during jail book-in procedures.
Local and state authorities must be careful about potential abuse of such new, expanded powers. The risk of racial profiling remains.
Vertical IDs help reduce that problem because they remove all racial considerations from the verification procedure. With the new ID format, vertical cards with expired dates are the only ones meriting additional scrutiny, whether the holder is Canadian, European, African, Latino, Arab or Asian.
People with horizontal cards – regardless of race or national origin – must receive the treatment afforded any U.S. citizen or permanent legal resident.
That's a change for the better.
The vertical layout of the new card is designed to distinguish its holder as someone deserving of extra scrutiny, which doesn't sit well with many people. Immigrants might feel they're getting a mixed message. We tell them to assimilate, but we issue them a special ID that says: You're not one of us.
Yet this new format and the security measures behind it are necessary. There are 12 million or more illegal immigrants residing in America, and according to a 2006 Pew Hispanic Center study, nearly half of them arrived legally but overstayed their visas.
The new cards specifically address this problem, getting rid of the standard expiration periods that allowed immigrants to drive legally or present a valid ID even though they were in the country illegally. Instead, temporary visitors' licenses will expire when their visas expire. The vertical format – the same one used for minors – tells law enforcement personnel to be extra vigilant.
Critics say the vertical card unnecessarily stigmatizes immigrants. Besides, the expiration date is all that really matters. But when officers in most cities stop drivers and see that the license expiration date has lapsed, the driver will receive only a misdemeanor citation. No arrest occurs.
With horizontal licenses, officers have no way of quickly determining whether a "foreign-looking" driver should be detained or allowed to leave. Ethnic considerations come into play as the officer decides whether an immigration check is necessary. The horizontal ID invites racial profiling. The vertical ID dramatically reduces that problem.
Critics counter that state and local authorities are busy enough; immigration enforcement is the federal government's job. True, but it's obvious that this task is too big for the federal government to do by itself.
Sometimes state and local authorities must get involved because they are the ones who encounter illegal immigrants most often. More and more communities are demanding that local authorities assume a more aggressive role. We believe those cases should be rare.
The city of Irving is an example of federal-local cooperation through the Criminal Alien Program. And last month, Dallas County announced that prisoners' information will be checked against a federal immigration database during jail book-in procedures.
Local and state authorities must be careful about potential abuse of such new, expanded powers. The risk of racial profiling remains.
Vertical IDs help reduce that problem because they remove all racial considerations from the verification procedure. With the new ID format, vertical cards with expired dates are the only ones meriting additional scrutiny, whether the holder is Canadian, European, African, Latino, Arab or Asian.
People with horizontal cards – regardless of race or national origin – must receive the treatment afforded any U.S. citizen or permanent legal resident.
That's a change for the better.
Two charged after Valley Girls raid
Two charged after Valley Girls raid
Ana Ley
EDINBURG - Two people were charged after Hidalgo County sheriff's deputies busted a gambling operation near a flashy Donna strip club.
Ricardo Melendez Gomez, 47, and Blanca Hubert, 63, were charged with keeping a gambling place, promoting gambling and possessing a gambling device.
Gomez was being held at the Hidalgo County Jail on a $15,000 bond Wednesday. If he makes bond and is released, Border Patrol officials plan to deport the illegal immigrant back to Mexico.
Hubert was released Wednesday on a $9,000 bond.
A friend listed only as "Luis," whom Gomez called at booking, refused to comment Wednesday. A number for Hubert's emergency contact, listed as Veronica de la Cruz, was out of service.
The sheriff's office seized 11 slot machines and arrested Gomez and Hubert on suspicion of distributing cash winnings to customers who played the eight-liner gambling machines, which were located in a business office next to Valley Girls.
It is illegal in Texas to award cash to people who win at slot machines.
The small building housed a limousine business and beauty salon. Both buildings, owned by Harlingen-based Valley Entertainment Corp., are managed by Joey Holder.
Four customers were cited during the Tuesday raid for playing at the underground casino, a new tactic Sheriff Lupe Treviño hopes will discourage the operation's organizers from establishing another gambling ring.
"If we can impact the demand, we can have a detrimental impact on the supply," Treviño said Tuesday.
The raid was the culmination of a nearly two-week-long investigation led by Treviño and Hidalgo County District Attorney René Guerra. The Texas Alcoholic Beverage Commission also inspected the strip club for alcohol license violations on Tuesday.
In October, two popular McAllen bars were raided on suspicion of condoning illegal slot machine gambling. Police seized 21 eight-liner machines from Fast Eddie's Billiards, bar Simon Sez and a McAllen office.
Ana Ley
EDINBURG - Two people were charged after Hidalgo County sheriff's deputies busted a gambling operation near a flashy Donna strip club.
Ricardo Melendez Gomez, 47, and Blanca Hubert, 63, were charged with keeping a gambling place, promoting gambling and possessing a gambling device.
Gomez was being held at the Hidalgo County Jail on a $15,000 bond Wednesday. If he makes bond and is released, Border Patrol officials plan to deport the illegal immigrant back to Mexico.
Hubert was released Wednesday on a $9,000 bond.
A friend listed only as "Luis," whom Gomez called at booking, refused to comment Wednesday. A number for Hubert's emergency contact, listed as Veronica de la Cruz, was out of service.
The sheriff's office seized 11 slot machines and arrested Gomez and Hubert on suspicion of distributing cash winnings to customers who played the eight-liner gambling machines, which were located in a business office next to Valley Girls.
It is illegal in Texas to award cash to people who win at slot machines.
The small building housed a limousine business and beauty salon. Both buildings, owned by Harlingen-based Valley Entertainment Corp., are managed by Joey Holder.
Four customers were cited during the Tuesday raid for playing at the underground casino, a new tactic Sheriff Lupe Treviño hopes will discourage the operation's organizers from establishing another gambling ring.
"If we can impact the demand, we can have a detrimental impact on the supply," Treviño said Tuesday.
The raid was the culmination of a nearly two-week-long investigation led by Treviño and Hidalgo County District Attorney René Guerra. The Texas Alcoholic Beverage Commission also inspected the strip club for alcohol license violations on Tuesday.
In October, two popular McAllen bars were raided on suspicion of condoning illegal slot machine gambling. Police seized 21 eight-liner machines from Fast Eddie's Billiards, bar Simon Sez and a McAllen office.
December 12, 2008
Riot, hostage situation ends at West Texas prison
The Associated Press
PECOS, Texas -- An uprising at a privately run prison in West Texas ended Saturday morning after two hostages were released, authorities said.
Outside law enforcement officers returned control of the Reeves County Detention Center back to prison personnel about 6:30 a.m., said Patricia Dieschler, a state Department of Public Safety dispatcher.
Responding law enforcement officers were not injured, Dieschler said. Prison officials declined to comment Saturday.
Federal inmates at the prison took two prison employees hostage when the disturbance erupted Friday. Prison officials did not release the names of the two employees, who are recreation specialists at the prison. The hostages were released late Friday night.
The inmates, who include immigration detainees, were asking for better medical treatment, DPS Trooper John Barton told the Pecos Enterprise.
The riot started when the body of an inmate who died of natural causes was removed from the prison, Barton said.
Inmates burned an exercise room at the facility, but the exact cost of damage was not known, Barton said. The newspaper reported that firefighters had to extinguish bonfires inmates had set to keep warm overnight.
The GEO Group, based in Boca Raton, Fla., has run the jail since 2003. The prison holds more than 2,400 inmates.
http://www.star-telegram.com/462/story/1091490.html
PECOS, Texas -- An uprising at a privately run prison in West Texas ended Saturday morning after two hostages were released, authorities said.
Outside law enforcement officers returned control of the Reeves County Detention Center back to prison personnel about 6:30 a.m., said Patricia Dieschler, a state Department of Public Safety dispatcher.
Responding law enforcement officers were not injured, Dieschler said. Prison officials declined to comment Saturday.
Federal inmates at the prison took two prison employees hostage when the disturbance erupted Friday. Prison officials did not release the names of the two employees, who are recreation specialists at the prison. The hostages were released late Friday night.
The inmates, who include immigration detainees, were asking for better medical treatment, DPS Trooper John Barton told the Pecos Enterprise.
The riot started when the body of an inmate who died of natural causes was removed from the prison, Barton said.
Inmates burned an exercise room at the facility, but the exact cost of damage was not known, Barton said. The newspaper reported that firefighters had to extinguish bonfires inmates had set to keep warm overnight.
The GEO Group, based in Boca Raton, Fla., has run the jail since 2003. The prison holds more than 2,400 inmates.
http://www.star-telegram.com/462/story/1091490.html
December 10, 2008
Cops: Suspected Illegals Plotted Kidnap of Texas Corn Dog Scion
Candelario Romero, Adolfo Chavez, and Porras Placido
DOUBLE OAK, Texas — A man who had once been a neighbor is believed to be the mastermind behind the kidnapping of a woman whose family owns Fletcher's Corny Dogs, a staple of the State Fair of Texas.
Amber Fletcher, 21, was shaken but otherwise unhurt after being rescued following the abduction early Monday by three men from her Denton County home in the town of Double Oak, authorities said.
She was found after one of the men was stopped by officers while Fletcher's mother was meeting him to pay a $100,000 ransom, authorities said.
Adolfo Chavez, 39, had once lived next door to the Fletcher family and sold them a home, said Texas Ranger Tracy Murphree, who assisted Double Oak police in apprehending the suspects, The Dallas Morning News reported Tuesday in an online story.
Chavez, 39, of Dallas; Candelario Romero, 44, of Justin; and Porras Placido, 37, of Irving were being held Wednesday at the Denton County Jail charged with aggravated kidnapping for ransom or reward, a first-degree felony punishable by up to life in prison.
Bond was set at $200,000 for Chavez and at $250,000 each for Placido and Romero, according to jail records.
All three won't be released because they are suspected of being in the U.S. illegally and a hold was placed on them by U.S. Immigration and Customs Enforcement.
The ordeal began just before 9 a.m. Monday when Amber Fletcher, who had spent the night at her parents' house, returned to her home.
"She was going back home to get some clothes, and two suspects were waiting for her," Murphree said. Her hands were bound with duct tape, and she was blindfolded. She then called her mother, Glenda Fletcher, saying she needed $100,000 or the kidnappers would kill her, according to an affidavit.
Glenda Fletcher then called Double Oak police, who learned that Amber Fletcher lived next door to her parents and had been taken.
The kidnappers directed the family to bring them the money and officers agreed to let the mother do it, Murphree said.
He added that sheriff's narcotics officers had the "drop" under surveillance, and that's when they nabbed Chavez near an intersection and he told them where to find Amber Fletcher.
Officers found the woman and two other suspects in a pickup parked at a store several miles from the Fletcher homes.
She later told officials that the men had made a lot of threats but didn't harm her. After she was abducted, she was taken to Romero's home in Justin but spent most of the day with the two men as they drove around, officials said.
Officials believe the suspects, who never received any ransom money, acted alone.
The Fletcher family faced another ordeal Tuesday the funeral of their son. Neil "Dutch" Fletcher III, 50, died Saturday from a long illness, according to an obituary in The Dallas Morning News.
November 18, 2008
Special driver's license for noncitizens raises concerns
By Juan Castillo
AMERICAN-STATESMAN STAFF
To get to her job cleaning other people's houses, Maria depends on her car. Without it, the native of Monterrey, Nuevo León, says she would be hard-pressed to keep a job. Without the job, she would not be able to provide for her family or help pay her daughter's tuition at Austin Community College.
Maria has a Texas driver's license, which she got after coming here 16 years ago on a temporary visa. The visa expired long ago, meaning she is no longer in the country legally. Maria renewed her license anyway, because the Texas Department of Public Safety did not require that she prove her visa was still valid. (Maria — not her real name — and other unauthorized immigrants spoke to the American-Statesman on condition of anonymity.)
The DPS says it does not know how many noncitizens with expired visas renewed their licenses over the years, but it stopped the practice in May.
Now, under a regulation that took effect Oct. 1 in the name of national security, the state has tightened its license policy more by requiring foreign nationals to prove they are lawfully here before they can get an original, renewal or duplicate driver's license or ID card.
The DPS estimates that the rule could affect about 2 million Texas residents.
So what happens when Maria's license expires in 2013?
"I'll keep on driving with the license issued by God," she declared during a break from English classes she is taking at El Buen Samaritano Episcopal Mission in South Austin. "What are we supposed to do, stay at home with our arms crossed? We have to keep working and hustling if we want to get ahead."
About 20.5 million people have valid Texas driver's licenses or ID cards, according to the DPS; the new restrictions apply to about one in 10. Agency spokesman Tom Vinger emphasized that that does not mean all of their licenses are ineligible for renewal, only that the drivers will have to prove they are here legally.
For new applicants, the practical results of the policy will be less apparent. According to the National Immigration Law Center, Texas already had strict identity requirements that amounted to a de facto prohibition against illegal immigrants getting licenses. Those identity requirements are unchanged.
What is new is that noncitizens with legal permission to live in the country will now get special, vertical-shaped driver's licenses bearing temporary visitor designations. The licenses will be valid only until the person's legal status expires. Immigrants whose legal status is scheduled to expire less than six months from the time they apply cannot get a license or ID card at all.
The policy is drawing criticism from some state lawmakers as well as immigrant advocates who warn that it will drive illegal immigrants further underground and increase the number of unlicensed and uninsured drivers on the road. Critics also say that creating a different-looking license for noncitizens could lead to profiling and discrimination.
State Rep. Ruth Jones McClendon, D-San Antonio, called on the Texas Public Safety Commission, the DPS' governing body, which approved the rule, to rescind it until the Legislature meets in January.
"I think that DPS officials are creating immigration policy, which is not their responsibility. That is the sole responsibility and obligation of the Texas Legislature and not a state agency," McClendon said.
State Rep. Eddie Rodriguez, D-Austin, joined a number of lawmakers promising to address the policy when the Legislature reconvenes.
Allan Polunsky, the chairman of the Public Safety Commission, said he respects legislators' concerns. But, he added, "in this particular case, I feel that the commission had the authority to pass the rule," which he said was motivated by concerns about national security, not illegal immigration.
Polunsky came under criticism last week after asking Texas Attorney General Greg Abbott for a ruling on the legality of setting up statewide driver's license checkpoints. In a letter, 15 lawmakers asked Abbott to ignore that request because the Legislature has not authorized a checkpoint program.
Insurance and security
In closing the loophole that allowed Maria to renew her driver's license, Texas joins a number of states that, since the 2001 terrorist attacks, have moved to restrict illegal immigrants' access to licenses, usually citing national security as the reason. Only five states — New Mexico, Washington, Utah, Maryland and Hawaii — do not require applicants to show evidence of lawful presence in the country.
Supporters of such requirements have long argued that issuing driver's licenses to illegal immigrants is an incentive for more illegal immigration.
"The fact is that they're already here," said Jaime Chahin, a professor of social work at Texas State University and a member of the board of directors of El Buen Samaritano, which serves working-poor Hispanic families. An estimated 1.5 million unauthorized immigrants live in Texas, and about 800,000 of them have jobs, according to a study by Waco-based economist Ray Perryman.
No one knows exactly how many illegal immigrants in Texas drive without a valid license or drive without liability insurance — which all drivers are required by law to have — but it's presumed that the vast majority do not carry insurance.
Of the hundreds of auto insurers in Texas, "there may be a small number of companies that would sell insurance to a driver who does not have a valid driver's license, but I am not familiar with any of those companies," said Jerry Johns, president of Southwestern Insurance Information Services, an insurance trade association representing companies in Texas and Oklahoma.
Johns said the association has strong concerns about the estimated 20 percent of Texas drivers who do not carry liability insurance — about 25 percent in Austin — but that it has not taken a position on whether undocumented immigrants should be able to get licenses.
Another undocumented immigrant, Javier, said he has auto insurance from a Texas carrier, though he does not have a Texas driver's license — only one from his home country of Mexico. A Mexican license is valid for up to a year after a person arrives in Texas, said Vinger, the DPS spokesman.
Javier, a 40-year-old who juggles three jobs, says buying insurance "makes sense to protect our investments in our vehicles, which we need to get to work."
Opposition
Immigrant advocates say public safety would be better served if undocumented immigrants were allowed to get licenses because they would then be held responsible for their driving record and for getting insurance like everyone else.
"They've got to feed their families, and they're going to go and drive. That's all there is to it," said the Rev. Ed Gomez, pastor of El Buen Samaritano.
But survey results show that most Americans are apparently unswayed by the safety argument. Voters opposed allowing illegal immigrants to get driver's licenses by an almost 4-1 ratio in a 2007 Los Angeles Times/Bloomberg poll.
"They shouldn't be here in the first place, so we shouldn't be giving them ID documents," said Brent Munhofen of Austin, a spokesman for the Immigration Reform Coalition of Texas, which opposes benefits for illegal immigrants.
Vinger said foreign nationals who can't prove they are in the country legally are not reported to immigration authorities but simply denied a license.
An exception would be if the DPS discovered that an applicant had presented fraudulent immigration documents.
The special driver's licenses themselves have drawn criticism. Maria Luisa Bautista, who heads the Austin-based nonprofit group Inmigrantes Latinos en Acción, said she fears they will make legal immigrants "marked people," potentially vulnerable to discrimination.
The licenses could lead to more scrutiny by law enforcement officers conducting routine traffic stops or landlords reviewing rental applications, said Luis Figueroa, an attorney with the Mexican American Legal Defense and Educational Fund.
jcastillo@statesman.com; 445-3635
November 16, 2008
'Why'd they let him go?' In killing blamed on immigrant, woman's kin want answers
Tina Davila murdered by an illegal immigrant
By SUSAN CARROLL
Copyright 2008 Houston Chronicle
On a cloudy Monday afternoon in April, Tina Davila was buried according to her wishes: dressed in her favorite Dallas Cowboys jersey, with a photo of all five of her children tucked inside her coffin. In the picture, Kaylynn, the baby girl Davila died trying to protect, looks fussy, her chubby cheeks puckered into a pout.
Billy Brewer, Kaylynn's father, watched as Davila's coffin was lowered into a grave at San Jacinto Memorial Park Cemetery in Houston.
Brewer, a long-haul trucker, had a crush on Davila since he was a teenager. He loved her wide smile and how, he said, ''she wouldn't back down from nothing for nobody." Most especially on the day Davila, 39, tried to fight off the man who cornered her in a parking lot while Kaylynn was strapped into her car seat.
Witnesses told police Davila refused to hand over her car keys and screamed as she was stabbed in the chest: "My baby! My baby!"
In the days after her death April 16, Brewer couldn't bring himself to watch the surveillance camera video of the slaying. Not yet. He had a 4-month-old baby, just learning how to roll from her back to her belly, and a house full of memories.
On the TV news, Brewer learned that Timoteo Rios, the man charged with killing Davila, was an illegal immigrant with a criminal record. Rios had admitted to local law enforcement twice before the slaying that he was in the country illegally, but he wasn't deported, according to arrest and immigration records.
"I just want to know why," Brewer said. "If they were doing their jobs right, he wouldn't have been out there. Why'd they let him go?"
First arrest
Rios, now 24, was arrested for the first time in Harris County on May 29, 2007, a Tuesday afternoon. He attracted little attention. About 370 inmates pass through the intake division of Harris County Jail daily. Rios, who was living in a southwest Houston apartment complex, was charged with failure to identify to a police officer and marijuana possession, both misdemeanors.
He was fingerprinted, photographed and asked a series of questions. His answers were entered into the jail computer system. Birth date: Oct. 6, 1984. Height: 5 feet 11 inches. Weight: 162 pounds.
The jailer eventually asked: Are you a U.S. citizen? The records show that Rios said no, he was a Mexican citizen.
The jailer then asked: Are you an illegal immigrant?
Yes, Rios replied, according to jail records.
The jailer entered Rios' name into a database of inmates, set up in September 2006, who have admitted they are in the country illegally. The data entries are shared with Immigration and Customs Enforcement officials in Houston, who have unrestricted access to the county's four jails. Agents routinely question and place "holds" on inmates in Harris County Jail they suspect are eligible for deportation.
Rios' name was the 15th of 20 added that Monday to the database. ICE officials confirm that they did not file paperwork to detain him.
Rios pleaded guilty to both counts against him and was released from jail June 5, 2007.
Second arrest
Twenty-two days later, Rios was back in jail, charged with criminal mischief, a misdemeanor. Police said he argued with his 18-year-old ex-girlfriend, the mother of two of his daughters, and punched out her apartment window. Then he threw a beer bottle at his ex-girlfriend's mother.
Rios was booked at 4:35 p.m. Again, Rios told jailers he was in the country illegally and, for a second time, was added to the database. He filled out paperwork for the court, writing that he was from Michoacan, Mexico, and worked in construction.
He pleaded guilty, was sentenced to 20 days with 11 days credit and was released July 6.
Kenneth Landgrebe, ICE's head of detention and removal for Houston, said ICE agents didn't have a chance to get to Rios.
"He was released before we had an opportunity to handle the case," he said. "We're in Harris County (Jail) every day, but we can't be in all places at the same time. I believe he was in a different part of the jail that we were working in. He was not where we were.
"We have to prioritize," he said. "Should we have been over there identifying him and letting a child molester get out? Or a pedophile or a bank robber or someone convicted of a serious drug crime? In a perfect world, if we had all the staff we needed, we could hopefully identify every alien that is unlawfully present in the U.S."
Ruth Alsobrook, Davila's grandmother, still lives in the house where Davila was raised in Galena Park, a 1950s-era neighborhood near the Port of Houston. Davila's parents died before she was 12.
"I loved that girl," said Alsobrook, 93, sitting in an armchair. ''I raised her in the church. Every time the church doors were open, we were there."
Davila attended Galena Park High School and rebelled as a teenager. She married her high school sweetheart, Eric Matt, in the spring of 1988. They had three children: Patrick, 20, Patricia, 18, and Payton, 16. Davila and Matt divorced after eight years but stayed friends. Davila later remarried and had another daughter, but that marriage also ended after a long separation.
One night about two years ago, she and Brewer ran into each other at Del's, a diner on the city's east side. Brewer asked her out for a date, and she said yes.
He said he felt lucky every day since, until April 16.
It was Brewer's 35th birthday. He had to drive a load out to Oklahoma City. He kissed Davila and Kaylynn, who was 3 months and 28 days old. It was early morning when he left for work.
At 5:02 p.m., Davila pulled into the parking lot outside the Cricket cell phone store on Uvalde Road near Wallisville Road, about a five-minute drive from her house in Houston. The next few moments were captured on the video surveillance camera outside the store.
Davila parked her white Chrysler Aspen SUV and stepped out. She started walking toward the store, leaving Kaylynn buckled into her car seat. An older model Ford Taurus pulled in behind Davila's SUV. A man jumped out and ran to block the door. He and Davila struggled over her purse and car keys.
A witness in the parking lot told detectives Davila screamed for her baby. The man stabbed Davila and ran back to his car, tossing the keys away. She stumbled inside the store, clutching her chest.
That night, Brewer tried Davila's cell phone, but it went straight to voice mail. Finally, his mother called him.
"Billy, come home," she said. "Tina's had an accident."
"How bad?" he asked.
"Just come home," she said.
Unanswered questions
Davila was taken to East Houston Regional Medical Center. She was pronounced dead minutes after arriving. By the time Brewer reached his mother's house that night, Davila's death was already on the TV news.
Days after the slaying, Harris County detectives arrested 18-year-old Kennedy Escoto, the suspected getaway car driver. Investigators said Escoto implicated Rios in Davila's death. Detectives say Rios may have fled to Mexico.
Davila's older children had questions about what happened. They saw on the news that Rios had been arrested twice before the slaying — and was in the country illegally.
"The kids just couldn't understand why he could be illegal and commit crimes and still be here. And I couldn't explain it to them," Matt said.
After Davila was killed, Brewer exchanged his long-haul job for one that keeps him closer to home. He asked his cousin to care for Kaylynn, temporarily, he said, until she gets a little bit older.
He put down a $150 deposit on a grave near Davila's and is paying $50 a month.
The more he learns about the man accused of killing Davila, the more his anger grows.
"He should have been deported after the first arrest," he said. "It's that simple. There's got to be a better way."
Brewer has started putting together a scrapbook for Kaylynn. He's saving Davila's high school jacket, a bunch of magnets he picked out for her over the years on the road, and the program from her funeral service. On the cover, there's a picture of Davila, with a warm, wide smile.
susan.carroll@chron.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Warning: Some may find this video distrubing and upsetting.
Store Security Video
The last few seconds of this video is the footage of Tina Davila's murder, and it is preceeded by a shoplifting theft.
November 15, 2008
500,000 immigrants defying deportation
'Fugitive aliens' like Obama's aunt escape notice as U.S. pursues criminals
By DENISE LAVOIE Associated Press
Nov. 14, 2008, 11:04PMShare Print Email Del.icio.usDiggTechnoratiYahoo! BuzzBOSTON — Zeituni Onyango came to the United States seeking asylum from her native Kenya but was turned down and ordered to leave the country in 2004.
Four years later, she is still here. And her nephew is about to become president of the United States.
Onyango's family connection to Barack Obama has thrown a spotlight on a phenomenon many Americans might find startling: An estimated half-million immigrants are living in the United States in defiance of deportation orders.
U.S. Immigration and Customs Enforcement has stepped up efforts to catch fugitive aliens, as they are known, and now has about 100 "fugitive operations teams" around the country. In the past year, the teams have made 34,000 arrests, more than double the number two years ago. But there are still 560,000 such immigrants in the U.S.
Fugitive aliens include people who, like Obama's aunt, sought asylum in the United States but were rejected and ordered to leave the country. Others were caught entering or living in this country illegally, and failed to show at their deportation hearings.
Often, illegal immigrants who have been issued deportation notices are given a certain amount of time to get out of the country on their own. They are not forcibly put aboard a plane; these deportations essentially operate on the honor system.
Critics irked
Generally, if these immigrants stay out of trouble — if they don't get pulled over by police or swept up in a workplace raid, for example — they are in little danger of being thrown out of the country.
That galls many immigration reform advocates, who say the practice breeds disrespect for the law and emboldens immigrants to sneak in and stay.
"We are strong believers of enforcement of our immigration laws, and this is a priority area for getting the message across to this country, that if they've been convicted of committing crimes or if they have been ordered deported, that they will be apprehended if they try to hide and continue to stay in the country," said Jack Martin of the Federation for American Immigration Reform.
Government officials say that they do the best they can with the money and manpower available to them, and that they focus on the most serious cases, including those involving illegal immigrants who have committed crimes in this country.
"ICE has taken tremendous steps at closing these cases and apprehending fugitives," said spokesman Richard Rocha. "However, we prioritize our efforts on egregious violators and criminal aliens."
The Obama camp has said the candidate did not know about his aunt's status.
By DENISE LAVOIE Associated Press
Nov. 14, 2008, 11:04PMShare Print Email Del.icio.usDiggTechnoratiYahoo! BuzzBOSTON — Zeituni Onyango came to the United States seeking asylum from her native Kenya but was turned down and ordered to leave the country in 2004.
Four years later, she is still here. And her nephew is about to become president of the United States.
Onyango's family connection to Barack Obama has thrown a spotlight on a phenomenon many Americans might find startling: An estimated half-million immigrants are living in the United States in defiance of deportation orders.
U.S. Immigration and Customs Enforcement has stepped up efforts to catch fugitive aliens, as they are known, and now has about 100 "fugitive operations teams" around the country. In the past year, the teams have made 34,000 arrests, more than double the number two years ago. But there are still 560,000 such immigrants in the U.S.
Fugitive aliens include people who, like Obama's aunt, sought asylum in the United States but were rejected and ordered to leave the country. Others were caught entering or living in this country illegally, and failed to show at their deportation hearings.
Often, illegal immigrants who have been issued deportation notices are given a certain amount of time to get out of the country on their own. They are not forcibly put aboard a plane; these deportations essentially operate on the honor system.
Critics irked
Generally, if these immigrants stay out of trouble — if they don't get pulled over by police or swept up in a workplace raid, for example — they are in little danger of being thrown out of the country.
That galls many immigration reform advocates, who say the practice breeds disrespect for the law and emboldens immigrants to sneak in and stay.
"We are strong believers of enforcement of our immigration laws, and this is a priority area for getting the message across to this country, that if they've been convicted of committing crimes or if they have been ordered deported, that they will be apprehended if they try to hide and continue to stay in the country," said Jack Martin of the Federation for American Immigration Reform.
Government officials say that they do the best they can with the money and manpower available to them, and that they focus on the most serious cases, including those involving illegal immigrants who have committed crimes in this country.
"ICE has taken tremendous steps at closing these cases and apprehending fugitives," said spokesman Richard Rocha. "However, we prioritize our efforts on egregious violators and criminal aliens."
The Obama camp has said the candidate did not know about his aunt's status.
DPS scraps plans for driver's license checkpoints
AUSTIN -- Plans to create driver's license checkpoints on Texas highways have been scrapped in the face of strong lawmaker opposition and suspicions that the proposal targeted illegal immigrants.
Allan Polunsky, chairman of the Texas Department of Public Safety Commission, said Friday he would withdraw a request for an attorney general's opinion on whether the checkpoints would be legal.
DPS spokesman Tom Vinger said the opinion request was sought only for "informational purposes."
"There was never any connection to immigration issues," Vinger said. "DPS does not enforce immigration issues."
Fifteen state lawmakers asked Texas Attorney General Greg Abbott to ignore the opinion request made in September. Some suspected the purpose of the checkpoints was to crack down on illegal immigrants.
In August, the public safety commission issued new rules for driver's license applicants to prove they are here legally.
"A state agency is making immigration policy for the state of Texas, and that is not their job," Democratic state Rep. Ruth Jones McClendon told the San Antonio Express-News.
During a commission meeting Friday, Polunsky said it was not appropriate to proceed with the proposal at this time. Commission members agreed, but postponed voting on withdrawing the request because the issue wasn't on the agenda.
The state Court of Criminal Appeals ruled in 1994 that checkpoints would have to be approved by a "politically accountable governing body at the state level." The Legislature has not passed bills outlining procedures for checkpoints.
The Mexican-American Legal Defense and Educational Fund was among those who said the proposed driver's license checkpoints, coupled with the requirement for proving immigration status, could lead to profiling.
Allan Polunsky, chairman of the Texas Department of Public Safety Commission, said Friday he would withdraw a request for an attorney general's opinion on whether the checkpoints would be legal.
DPS spokesman Tom Vinger said the opinion request was sought only for "informational purposes."
"There was never any connection to immigration issues," Vinger said. "DPS does not enforce immigration issues."
Fifteen state lawmakers asked Texas Attorney General Greg Abbott to ignore the opinion request made in September. Some suspected the purpose of the checkpoints was to crack down on illegal immigrants.
In August, the public safety commission issued new rules for driver's license applicants to prove they are here legally.
"A state agency is making immigration policy for the state of Texas, and that is not their job," Democratic state Rep. Ruth Jones McClendon told the San Antonio Express-News.
During a commission meeting Friday, Polunsky said it was not appropriate to proceed with the proposal at this time. Commission members agreed, but postponed voting on withdrawing the request because the issue wasn't on the agenda.
The state Court of Criminal Appeals ruled in 1994 that checkpoints would have to be approved by a "politically accountable governing body at the state level." The Legislature has not passed bills outlining procedures for checkpoints.
The Mexican-American Legal Defense and Educational Fund was among those who said the proposed driver's license checkpoints, coupled with the requirement for proving immigration status, could lead to profiling.
November 14, 2008
Officer's widow blames gun store in death
HOUSTON (KTRK) -- We're hearing from the widow of a slain Houston police officer who says a Pasadena gun store is to blame for her husband's murder.
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Rodney Johnson was murdered two years ago. His killer is in prison for life.
The lawsuit filed at the Harris County Civil Courthouse says even though Juan Quintero pulled the trigger, he's not the only one to blame for Officer Johnson's murder. It says a gun store should have prevented the convicted felon and illegal immigrant from getting his hands on the gun he used.
It's been six months since the Quintero went to prison for life. Still Joslyn Johnson's fight is not over.
"I would not like this to happen to any other family," she said. "I wouldn't want anyone else to have to endure their pain."
She has sued the city over its one officer per car practice, now she's suing the store that sold the gun that Quintero used to kill her husband.
Quintero fatally shot Officer Rodney Johnson during a traffic stop. The officer missed a hidden weapon on Quintero during a pat-down and Quintero managed to get to it while handcuffed, but Joslyn believes the killer never would have had the 9mm had Carter's Country, she says, followed the law.
"I would just like the gun companies to know this should not be tolerated," Johnson said. "They should be more responsible and they need to do a complete and thorough background check."
According to the lawsuit, Carter's Country was negligent because although Quintero did the shopping, the salesperson allowed his wife, Theresa, to fill out the federally mandated paperwork for the purchase of the gun as if she were the actual purchaser. They did this, it says, because Quintero's immigration status and criminal record made him ineligible to legally buy a gun. It's called a straw sale and it's illegal.
"There are federal regulations out there, other laws out there, to present this type of purchase," said Johnson's attorney Ben Dominguez.
In a videotaped confession, Dominguez says Quintero admitted to the details of the gun purchase.
Meanwhile, Carter's Country denies the allegations. In its answer to the lawsuit, attorneys for the company argue in part the shooting was out of its control. Juan Quintero and his employer, Robert Camp, now under indictment for illegally employing him, are responsible.
Beyond that its attorney told us, "we don't think it's ethical to discuss the facts of a pending case."
Joslyn Johnson doesn't want to stop talking. She's on a crusade of sorts for her husband.
"I just want people to be aware that this should not happen to anyone else if I can help it," she said.
There's no dollar amount listed in the lawsuit. Johnson's attorney says they'll let a jury decide on that. As for criminal investigation. A spokesperson said t hey could neither confirm or deny they're investigating.
(Copyright ©2008 KTRK-TV/DT. All Rights Reserved.)
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Rodney Johnson was murdered two years ago. His killer is in prison for life.
The lawsuit filed at the Harris County Civil Courthouse says even though Juan Quintero pulled the trigger, he's not the only one to blame for Officer Johnson's murder. It says a gun store should have prevented the convicted felon and illegal immigrant from getting his hands on the gun he used.
It's been six months since the Quintero went to prison for life. Still Joslyn Johnson's fight is not over.
"I would not like this to happen to any other family," she said. "I wouldn't want anyone else to have to endure their pain."
She has sued the city over its one officer per car practice, now she's suing the store that sold the gun that Quintero used to kill her husband.
Quintero fatally shot Officer Rodney Johnson during a traffic stop. The officer missed a hidden weapon on Quintero during a pat-down and Quintero managed to get to it while handcuffed, but Joslyn believes the killer never would have had the 9mm had Carter's Country, she says, followed the law.
"I would just like the gun companies to know this should not be tolerated," Johnson said. "They should be more responsible and they need to do a complete and thorough background check."
According to the lawsuit, Carter's Country was negligent because although Quintero did the shopping, the salesperson allowed his wife, Theresa, to fill out the federally mandated paperwork for the purchase of the gun as if she were the actual purchaser. They did this, it says, because Quintero's immigration status and criminal record made him ineligible to legally buy a gun. It's called a straw sale and it's illegal.
"There are federal regulations out there, other laws out there, to present this type of purchase," said Johnson's attorney Ben Dominguez.
In a videotaped confession, Dominguez says Quintero admitted to the details of the gun purchase.
Meanwhile, Carter's Country denies the allegations. In its answer to the lawsuit, attorneys for the company argue in part the shooting was out of its control. Juan Quintero and his employer, Robert Camp, now under indictment for illegally employing him, are responsible.
Beyond that its attorney told us, "we don't think it's ethical to discuss the facts of a pending case."
Joslyn Johnson doesn't want to stop talking. She's on a crusade of sorts for her husband.
"I just want people to be aware that this should not happen to anyone else if I can help it," she said.
There's no dollar amount listed in the lawsuit. Johnson's attorney says they'll let a jury decide on that. As for criminal investigation. A spokesperson said t hey could neither confirm or deny they're investigating.
(Copyright ©2008 KTRK-TV/DT. All Rights Reserved.)
November 13, 2008
Berman Will File 9 Bills About Illegal Immigration
Berman Will File 9 Bills About Illegal Immigration
By ADAM RUSSELL
Staff Writer
State Rep. Leo Berman, R-Tyler, will file nine bills in Austin aiming to reduce the burden of illegal immigration on taxpayers by reducing benefits and protections for illegal immigrants in the state.
Berman said legislators first addressed illegal immigration during the last legislative session, but around 24 bills were killed in committee before they could be voted on by the House. He hopes legislators will consider immigration legislation during the coming session.
The first bill Berman plans to file will challenge automatic citizenship under the 14th Amendment of the U.S. Constitution. The bill says the state of Texas will not issue a birth certificate to children of illegal immigrants born in the state.
Berman said if the bill passes it will invite an immediate lawsuit into a federal court and possibly will require a ruling by the U.S. Supreme Court.
"The 14th Amendment of the Constitution has no application to the children of illegal aliens or any other children of foreigners born in the United States," he said. "We are giving away 350,000 citizenships each year (nationally) erroneously and that's why we have to challenge it."
The second bill would put an 8 percent surcharge on money wired from Texas to Mexico, Central and South America, he said. There is about $6 billion each year sent from Texas to Mexico alone, Berman said.
The bill would require all recaptured funds, almost half-a-billion dollars, be earmarked for border security and hospitals that provide free health care.
Another bill to be filed by Berman would analyze the number of illegal alien children in the state's public school system.
"We are building new schools across the state which are costing hundreds of millions of dollars and we think that at least 20 percent are for the children of illegal aliens that pay little to no property taxes," he said.
Berman will file a bill that would make English the official language of Texas. That would mean that all state business, except for that which is mandated by the federal government, be done in English.
A bill requiring every level of government in the state to enforce all federal and state laws and constitutions under penalty of losing all state funding will also by filed by Berman.
This would require "sanctuary cities," such as Houston, Austin and Dallas, to enforce immigration laws or be held liable for nonaction.
Another bill to be filed is identical to a five-part bill passed in Oklahoma that resulted in thousands of illegal immigrants moving from Oklahoma to Texas, Berman said. He said there would be no public state benefits for illegal immigrants and authorizes law enforcement officers to take Section 287 G training with the U.S. Department of Homeland Security allowing them to deal directly with illegal immigrants.
"Right now a law enforcement officer can't do anything with (illegal aliens) unless they commit a crime," he said. "But if they take the 287 G training they can actually arrest them for being illegal in the United States."
The bill would also prohibit the transportation, concealment or housing of illegal aliens, Berman said. This would make it possible for stiffer penalties to be levied against landlords, employers or traffickers who house, employ and transport illegal immigrants within the state of Texas.
The bill would also require employers to verify citizenship of anyone they hire, he said. Berman said the means are available by the federal government to verify Social Security numbers to determine if the numbers are fraudulent or stolen.
Berman said the immigration bills he is filing may be blocked in the Senate or vetoed by the governor, but the need to address illegal immigration remains.
He said it is outrageous that he has middle income constituents that have fewer benefits than illegal immigrants.
"It is important for them to pass because we have 2 million illegal aliens in Texas that are costing my constituents, my Texas residents, $4 billion every year," he said. "We have never had a class of immigrants in the United States that require free education and free health care by U.S. citizens as the illegal aliens in our country require."
By ADAM RUSSELL
Staff Writer
State Rep. Leo Berman, R-Tyler, will file nine bills in Austin aiming to reduce the burden of illegal immigration on taxpayers by reducing benefits and protections for illegal immigrants in the state.
Berman said legislators first addressed illegal immigration during the last legislative session, but around 24 bills were killed in committee before they could be voted on by the House. He hopes legislators will consider immigration legislation during the coming session.
The first bill Berman plans to file will challenge automatic citizenship under the 14th Amendment of the U.S. Constitution. The bill says the state of Texas will not issue a birth certificate to children of illegal immigrants born in the state.
Berman said if the bill passes it will invite an immediate lawsuit into a federal court and possibly will require a ruling by the U.S. Supreme Court.
"The 14th Amendment of the Constitution has no application to the children of illegal aliens or any other children of foreigners born in the United States," he said. "We are giving away 350,000 citizenships each year (nationally) erroneously and that's why we have to challenge it."
The second bill would put an 8 percent surcharge on money wired from Texas to Mexico, Central and South America, he said. There is about $6 billion each year sent from Texas to Mexico alone, Berman said.
The bill would require all recaptured funds, almost half-a-billion dollars, be earmarked for border security and hospitals that provide free health care.
Another bill to be filed by Berman would analyze the number of illegal alien children in the state's public school system.
"We are building new schools across the state which are costing hundreds of millions of dollars and we think that at least 20 percent are for the children of illegal aliens that pay little to no property taxes," he said.
Berman will file a bill that would make English the official language of Texas. That would mean that all state business, except for that which is mandated by the federal government, be done in English.
A bill requiring every level of government in the state to enforce all federal and state laws and constitutions under penalty of losing all state funding will also by filed by Berman.
This would require "sanctuary cities," such as Houston, Austin and Dallas, to enforce immigration laws or be held liable for nonaction.
Another bill to be filed is identical to a five-part bill passed in Oklahoma that resulted in thousands of illegal immigrants moving from Oklahoma to Texas, Berman said. He said there would be no public state benefits for illegal immigrants and authorizes law enforcement officers to take Section 287 G training with the U.S. Department of Homeland Security allowing them to deal directly with illegal immigrants.
"Right now a law enforcement officer can't do anything with (illegal aliens) unless they commit a crime," he said. "But if they take the 287 G training they can actually arrest them for being illegal in the United States."
The bill would also prohibit the transportation, concealment or housing of illegal aliens, Berman said. This would make it possible for stiffer penalties to be levied against landlords, employers or traffickers who house, employ and transport illegal immigrants within the state of Texas.
The bill would also require employers to verify citizenship of anyone they hire, he said. Berman said the means are available by the federal government to verify Social Security numbers to determine if the numbers are fraudulent or stolen.
Berman said the immigration bills he is filing may be blocked in the Senate or vetoed by the governor, but the need to address illegal immigration remains.
He said it is outrageous that he has middle income constituents that have fewer benefits than illegal immigrants.
"It is important for them to pass because we have 2 million illegal aliens in Texas that are costing my constituents, my Texas residents, $4 billion every year," he said. "We have never had a class of immigrants in the United States that require free education and free health care by U.S. citizens as the illegal aliens in our country require."
November 12, 2008
Critics cry foul over DPS license checkpoint plan
Some lawmakers say stops would unfairly target illegal immigrants
Looks very similar to the Texas Identification Card.
By JAMES PINKERTON and SUSAN CARROLL
Copyright 2008 Houston Chronicle
Nov. 12, 2008, 7:04AM
The state agency that imposed new rules barring illegal immigrants from obtaining driver's licenses is requesting authority to set up statewide driver's license checkpoints, part of what several lawmakers suspect is a plan to crack down on illegal immigrants.
A number of state legislators argue the Department of Public Safety Commission overstepped its authority Aug. 25 by issuing new rules requiring applicants to prove they are here legally before they can obtain or renew a Texas driver's license. Their suspicions deepened when, two weeks later, the commission's chairman asked Texas Attorney General Greg Abbott if it was legal for the commission to set up driver's license checkpoints.
Staffed by state troopers or local police, the checkpoints would stop drivers to review their licenses, vehicle registrations and proof of insurance.
State Rep. Ruth Jones McClendon, D-San Antonio, believes the two commission actions are taking aim at policing immigration.
''A state agency is making immigration policy for the state of Texas, and that is not their job," McClendon said.
State Sen. Leticia Van de Putte, D-San Antonio, said when commission chairman Allan B. Polunsky asked Abbott's office about authorizing checkpoints, she figured the target was drunken drivers.
''But when I saw the driver's license regulations, I said, 'Maybe they're not after Texas' drunk drivers, but maybe they're after undocumented people and this is a mechanism to get them," Van de Putte said.
She and 14 other Texas lawmakers sent Abbott a letter asking him to ignore the commission's legal opinion request because the Legislature has not authorized a DPS checkpoint program. It's unclear when Abbott will issue his opinion.
Polunsky did not return calls for comment.
Gov. Rick Perry favors the checkpoints, said spokeswoman Allison Castle. ''Police officers and law enforcement believe this is an important technique in protecting the public, and to that end, the governor supports providing our law enforcement officers with the tools they need to ensure public safety," Castle said.
DPS spokeswoman Tela Mange said license requirements were tightened for security reasons, changes other states have made since the Sept. 11 terrorist attacks.
''We are not enforcing the federal immigration laws," Mange said. "We are ensuring that applicants for Texas driver's licenses and ID cards have legal presence in the United States."
State Rep. Debbie Riddle, R-Tomball, called checkpoints a ''tremendous asset" that could cut down on drunken driving, car theft and motorists whose licenses have been revoked.
''For the people who want to erase our borders, for people who don't care if our laws are broken, and for people who are driving illegally, and for those who think that's fine, yes, this could be a problem," Riddle said.
Random traffic stops illegal
Checkpoints have not been allowed in Texas since the state Court of Criminal Appeals ruled in 1994 they must be authorized by a ''politically accountable governing body at the state level." That case involved a sobriety checkpoint in Arlington.
In 1979, the U.S. Supreme Court ruled that random traffic stops to check driver's licenses, where officers did not have reasonable suspicion, were unconstitutional.
However, the ruling does not prevent state ''spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion," the justices wrote. ''Questioning of all oncoming traffic at roadblock-type stops is one possible alternative."
DPS Capt. Jerome Powell, who supervises driver's license offices in Houston, said the new regulations won't stop illegal immigrants from driving.
''They have to survive and go to work," Powell said.
No official tally exists of how many of Texas' estimated 1.7 million illegal immigrants have a driver's license.
DPS officials say nearly 3 million noncitizens are among the approximately 20 million Texas residents who carry state documents. They include 1.81 million noncitizens with licenses and another 1 million immigrants who have been issued state identity cards.
One indicator of the undocumented component of Texas license holders may be the nearly 380,000 applicants who filed DPS forms since June 2003 indicating they did not have a Social Security number.
Concerns about profiling
Activists worry that the new immigrant driver's licenses, along with checkpoints, are a recipe for profiling immigrants.
''Our number one concern is the potential for profiling since it puts the immigration identifier on the license," said Luis Figueroa, legislative staff attorney with the Mexican-American Legal Defense and Educational Fund. "It leads to potential profiling, whether it's a police officer who is going to scrutinize someone closer, or a landlord who may not want to rent out a property."
One person who could get caught in the checkpoints is Susanne Dennis, a 40-year-old legal immigrant from Germany.
In 2005, she came to the U.S. on a fiancé visa after falling for her now-husband, Michael Dennis, a 43-year-old security technician she met on the Internet. After they married in Maryland, Susanne was granted a provisional green card and obtained a Maryland driver's license.
Then Michael was transferred to Houston, and the coupled settled in Spring.
On Oct. 29, Susanne tried to apply for a Texas driver's license at DPS office in Humble, only to discover she didn't have acceptable proof of legal status.
Susanne had been granted a one-year extension so she could work in the U.S. while awaiting a permanent green card. But the form showing her extension was not on the list of accepted documents, so DPS turned her away.
Susanne, who works in Montrose, now drives into the city each morning fearful of being stopped by police. She feels lucky to still have a valid Maryland license and car insurance through her husband.
She's upset that she can't comply with Texas law requiring a driver's license within 30 days of moving to the state.
''What if a state trooper pulls me over?" Susanne said. ''What do I show him?"
james.pinkerton@chron.com
susan.carroll@chron.com
Looks very similar to the Texas Identification Card.By JAMES PINKERTON and SUSAN CARROLL
Copyright 2008 Houston Chronicle
Nov. 12, 2008, 7:04AM
The state agency that imposed new rules barring illegal immigrants from obtaining driver's licenses is requesting authority to set up statewide driver's license checkpoints, part of what several lawmakers suspect is a plan to crack down on illegal immigrants.
A number of state legislators argue the Department of Public Safety Commission overstepped its authority Aug. 25 by issuing new rules requiring applicants to prove they are here legally before they can obtain or renew a Texas driver's license. Their suspicions deepened when, two weeks later, the commission's chairman asked Texas Attorney General Greg Abbott if it was legal for the commission to set up driver's license checkpoints.
Staffed by state troopers or local police, the checkpoints would stop drivers to review their licenses, vehicle registrations and proof of insurance.
State Rep. Ruth Jones McClendon, D-San Antonio, believes the two commission actions are taking aim at policing immigration.
''A state agency is making immigration policy for the state of Texas, and that is not their job," McClendon said.
State Sen. Leticia Van de Putte, D-San Antonio, said when commission chairman Allan B. Polunsky asked Abbott's office about authorizing checkpoints, she figured the target was drunken drivers.
''But when I saw the driver's license regulations, I said, 'Maybe they're not after Texas' drunk drivers, but maybe they're after undocumented people and this is a mechanism to get them," Van de Putte said.
She and 14 other Texas lawmakers sent Abbott a letter asking him to ignore the commission's legal opinion request because the Legislature has not authorized a DPS checkpoint program. It's unclear when Abbott will issue his opinion.
Polunsky did not return calls for comment.
Gov. Rick Perry favors the checkpoints, said spokeswoman Allison Castle. ''Police officers and law enforcement believe this is an important technique in protecting the public, and to that end, the governor supports providing our law enforcement officers with the tools they need to ensure public safety," Castle said.
DPS spokeswoman Tela Mange said license requirements were tightened for security reasons, changes other states have made since the Sept. 11 terrorist attacks.
''We are not enforcing the federal immigration laws," Mange said. "We are ensuring that applicants for Texas driver's licenses and ID cards have legal presence in the United States."
State Rep. Debbie Riddle, R-Tomball, called checkpoints a ''tremendous asset" that could cut down on drunken driving, car theft and motorists whose licenses have been revoked.
''For the people who want to erase our borders, for people who don't care if our laws are broken, and for people who are driving illegally, and for those who think that's fine, yes, this could be a problem," Riddle said.
Random traffic stops illegal
Checkpoints have not been allowed in Texas since the state Court of Criminal Appeals ruled in 1994 they must be authorized by a ''politically accountable governing body at the state level." That case involved a sobriety checkpoint in Arlington.
In 1979, the U.S. Supreme Court ruled that random traffic stops to check driver's licenses, where officers did not have reasonable suspicion, were unconstitutional.
However, the ruling does not prevent state ''spot checks that involve less intrusion or that do not involve the unconstrained exercise of discretion," the justices wrote. ''Questioning of all oncoming traffic at roadblock-type stops is one possible alternative."
DPS Capt. Jerome Powell, who supervises driver's license offices in Houston, said the new regulations won't stop illegal immigrants from driving.
''They have to survive and go to work," Powell said.
No official tally exists of how many of Texas' estimated 1.7 million illegal immigrants have a driver's license.
DPS officials say nearly 3 million noncitizens are among the approximately 20 million Texas residents who carry state documents. They include 1.81 million noncitizens with licenses and another 1 million immigrants who have been issued state identity cards.
One indicator of the undocumented component of Texas license holders may be the nearly 380,000 applicants who filed DPS forms since June 2003 indicating they did not have a Social Security number.
Concerns about profiling
Activists worry that the new immigrant driver's licenses, along with checkpoints, are a recipe for profiling immigrants.
''Our number one concern is the potential for profiling since it puts the immigration identifier on the license," said Luis Figueroa, legislative staff attorney with the Mexican-American Legal Defense and Educational Fund. "It leads to potential profiling, whether it's a police officer who is going to scrutinize someone closer, or a landlord who may not want to rent out a property."
One person who could get caught in the checkpoints is Susanne Dennis, a 40-year-old legal immigrant from Germany.
In 2005, she came to the U.S. on a fiancé visa after falling for her now-husband, Michael Dennis, a 43-year-old security technician she met on the Internet. After they married in Maryland, Susanne was granted a provisional green card and obtained a Maryland driver's license.
Then Michael was transferred to Houston, and the coupled settled in Spring.
On Oct. 29, Susanne tried to apply for a Texas driver's license at DPS office in Humble, only to discover she didn't have acceptable proof of legal status.
Susanne had been granted a one-year extension so she could work in the U.S. while awaiting a permanent green card. But the form showing her extension was not on the list of accepted documents, so DPS turned her away.
Susanne, who works in Montrose, now drives into the city each morning fearful of being stopped by police. She feels lucky to still have a valid Maryland license and car insurance through her husband.
She's upset that she can't comply with Texas law requiring a driver's license within 30 days of moving to the state.
''What if a state trooper pulls me over?" Susanne said. ''What do I show him?"
james.pinkerton@chron.com
susan.carroll@chron.com
October 20, 2008
Indicted former Starr County sheriff is refused bail
By LYNN BREZOSKY
San Antonio Express-news
BROWNSVILLE — Reymundo Guerra's resignation as Starr County sheriff didn't convince a federal magistrate judge to set bail for the former lawman, who is accused of using his position to assist high-ranking members of a drug cartel.
Defense attorney Philip Hilder said Guerra would appeal Monday's bail denial by U.S. Magistrate Judge Dorina Ramos. Unless overturned by a district court, Ramos' decision means Guerra will remain behind bars pending trial in early December.
Guerra, who had been sheriff for the past decade, submitted his resignation over the weekend after Ramos expressed concern about his return to the office he allegedly abused.
The Starr County Commissioners Court approved the resignation during an emergency meeting Monday morning.
Guerra has been in federal custody since being arrested at his Rio Grande City office last Tuesday.
He is one of 15 defendants in a 19-count federal indictment alleging conspiracy to move cocaine and marijuana from Mexico into the interior United States.
He has pleaded not guilty to three charges including conspiracy, accessory after the fact, and using a telephone to further a drug conspiracy. He faces 10 years to life in prison, plus a $4 million fine on the conspiracy charge alone.
An FBI agent testified during a detention hearing Friday that Guerra asked a sheriff's department investigator to reveal intelligence to a man Guerra said had ties to Mexican law enforcement.
The man, 31-year-old Jose Carlos Hinojosa, was named along with Guerra and 13 others in the indictment and is believed to be a leader in the Gulf Cartel.
Starr County Judge Eloy Vera said the sheriff's office would for now be under the command of Chief Deputy Rene Fuentes, who is next in the chain of command.
Since Guerra was running unopposed in the Nov. 4 election, he effectively starts a new term as sheriff in January, Vera said.
"At that time, the topic will come up again," Vera said.
If convicted, Guerra will join a list of other border law enforcement officials, including predecessor Eugenio "Gene" Falcon, who have fallen amid alleged drug crimes or corruption.
San Antonio Express-news
BROWNSVILLE — Reymundo Guerra's resignation as Starr County sheriff didn't convince a federal magistrate judge to set bail for the former lawman, who is accused of using his position to assist high-ranking members of a drug cartel.
Defense attorney Philip Hilder said Guerra would appeal Monday's bail denial by U.S. Magistrate Judge Dorina Ramos. Unless overturned by a district court, Ramos' decision means Guerra will remain behind bars pending trial in early December.
Guerra, who had been sheriff for the past decade, submitted his resignation over the weekend after Ramos expressed concern about his return to the office he allegedly abused.
The Starr County Commissioners Court approved the resignation during an emergency meeting Monday morning.
Guerra has been in federal custody since being arrested at his Rio Grande City office last Tuesday.
He is one of 15 defendants in a 19-count federal indictment alleging conspiracy to move cocaine and marijuana from Mexico into the interior United States.
He has pleaded not guilty to three charges including conspiracy, accessory after the fact, and using a telephone to further a drug conspiracy. He faces 10 years to life in prison, plus a $4 million fine on the conspiracy charge alone.
An FBI agent testified during a detention hearing Friday that Guerra asked a sheriff's department investigator to reveal intelligence to a man Guerra said had ties to Mexican law enforcement.
The man, 31-year-old Jose Carlos Hinojosa, was named along with Guerra and 13 others in the indictment and is believed to be a leader in the Gulf Cartel.
Starr County Judge Eloy Vera said the sheriff's office would for now be under the command of Chief Deputy Rene Fuentes, who is next in the chain of command.
Since Guerra was running unopposed in the Nov. 4 election, he effectively starts a new term as sheriff in January, Vera said.
"At that time, the topic will come up again," Vera said.
If convicted, Guerra will join a list of other border law enforcement officials, including predecessor Eugenio "Gene" Falcon, who have fallen amid alleged drug crimes or corruption.
October 14, 2008
Starr County Sheriff indicted on drug charges
The Monitor
McALLEN -- A federal grand jury indicted Starr County Sheriff Rey Guerra on drug charges, officials announced today.
Guerra is named as a defendant in a 19-count indictment handed down Wednesday. FBI agents arrested Guerra at his office in Rio Grande City. He is expected to appear later today before U.S. Magistrate Judge Dorina Ramos in McAllen.
Prosecutors will seek to keep Guerra behind bars pending a hearing on its request to detain him without bond before his trial.
Guerra, also known as Tio, is accused along with several others - many with previous arrests and charges - of participating in a conspiracy to possess with intent to distribute both cocaine and marijuana.
The charge relates to an offense allegedly committed by three co-conspirators - Jose De Jesus Hernandez; Hernandez's wife, Mayra Trevino Flores; and Jose Carlos Hinojosa - involving possession with intent to distribute approximately 692 pounds of marijuana and more than two pounds of cocaine found at a residence owned by Flores, as alleged in count four of the indictment.
Guerra allegedly assisted Hernandez by helping produce fraudulent lease documents in an effort to hinder and prevent the apprehension of Hernandez, according to the indictment.
Hernandez, 29, is a resident alien from Mexico who resides in Houston. Flores, 25, also lives in Houston; and Jose Carlos Hinojosa, aka Sobrino, 31, is a resident alien from Mexico who lives in Roma. All three have all been previously arrested and are pending trial. Hernandez, Flores and Hinojosa are among those also named with Guerra in count one of the indictment.
Guerra is also charged in count 10 with facilitating the drug trafficking conspiracy via telephone on Oct. 13, 2007.
Conspiracy to possess with intent to distribute controlled substances, as alleged in count one of the indictment, carries a mandatory minimum of 10 years and a maximum of life imprisonment upon conviction, as well as $4 million fine.
If Guerra is convicted of being an accessory after the fact, he faces a maximum of 20 years in prison and a $2 million fine.A conviction for using a telephone to further a drug conspiracy carries a maximum four-year prison term and a $250,000 fine.
In addition to Guerra and the other three defendants named above, the following 11 individuals also named in the second superceding indictment have been arrested and are pending trial:
Raymundo Edgar Gonzalez, 37, of Miguel Aleman, Tamps., Mexico
Sergio Ivan Olivarez-Flores, a Mexican citizen, 24, of Miguel Aleman, Tamps, Mexico
Saul Mendez Jr., 31, of Rio Grande City
Mario Alberto Mascorro, 33, of McAllen
Jesus Fabiel Mendoza, 29, of Richmond, Texas
Jaime Herrera, 33, of Edinburg
San Juanita M. Garcia, 55, of Garciasville
Tarsila Villarreal Vidal, 37, of Salineno
Yanira Barrera, 33, of Houston
Jorge Alberto Ramos, 29 of Roma
FBI special agents, the Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, officers of the Houston Police Department and the Hidalgo County High Intensity Drug Trafficking Area Task Force participated in the investigation that led to the charges.
"We shall continue to address public corruption, a major priority in the Southern District of Texas," United States Attorney Don DeGabrielle said in a statement.
McALLEN -- A federal grand jury indicted Starr County Sheriff Rey Guerra on drug charges, officials announced today.
Guerra is named as a defendant in a 19-count indictment handed down Wednesday. FBI agents arrested Guerra at his office in Rio Grande City. He is expected to appear later today before U.S. Magistrate Judge Dorina Ramos in McAllen.
Prosecutors will seek to keep Guerra behind bars pending a hearing on its request to detain him without bond before his trial.
Guerra, also known as Tio, is accused along with several others - many with previous arrests and charges - of participating in a conspiracy to possess with intent to distribute both cocaine and marijuana.
The charge relates to an offense allegedly committed by three co-conspirators - Jose De Jesus Hernandez; Hernandez's wife, Mayra Trevino Flores; and Jose Carlos Hinojosa - involving possession with intent to distribute approximately 692 pounds of marijuana and more than two pounds of cocaine found at a residence owned by Flores, as alleged in count four of the indictment.
Guerra allegedly assisted Hernandez by helping produce fraudulent lease documents in an effort to hinder and prevent the apprehension of Hernandez, according to the indictment.
Hernandez, 29, is a resident alien from Mexico who resides in Houston. Flores, 25, also lives in Houston; and Jose Carlos Hinojosa, aka Sobrino, 31, is a resident alien from Mexico who lives in Roma. All three have all been previously arrested and are pending trial. Hernandez, Flores and Hinojosa are among those also named with Guerra in count one of the indictment.
Guerra is also charged in count 10 with facilitating the drug trafficking conspiracy via telephone on Oct. 13, 2007.
Conspiracy to possess with intent to distribute controlled substances, as alleged in count one of the indictment, carries a mandatory minimum of 10 years and a maximum of life imprisonment upon conviction, as well as $4 million fine.
If Guerra is convicted of being an accessory after the fact, he faces a maximum of 20 years in prison and a $2 million fine.A conviction for using a telephone to further a drug conspiracy carries a maximum four-year prison term and a $250,000 fine.
In addition to Guerra and the other three defendants named above, the following 11 individuals also named in the second superceding indictment have been arrested and are pending trial:
Raymundo Edgar Gonzalez, 37, of Miguel Aleman, Tamps., Mexico
Sergio Ivan Olivarez-Flores, a Mexican citizen, 24, of Miguel Aleman, Tamps, Mexico
Saul Mendez Jr., 31, of Rio Grande City
Mario Alberto Mascorro, 33, of McAllen
Jesus Fabiel Mendoza, 29, of Richmond, Texas
Jaime Herrera, 33, of Edinburg
San Juanita M. Garcia, 55, of Garciasville
Tarsila Villarreal Vidal, 37, of Salineno
Yanira Barrera, 33, of Houston
Jorge Alberto Ramos, 29 of Roma
FBI special agents, the Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, officers of the Houston Police Department and the Hidalgo County High Intensity Drug Trafficking Area Task Force participated in the investigation that led to the charges.
"We shall continue to address public corruption, a major priority in the Southern District of Texas," United States Attorney Don DeGabrielle said in a statement.
October 1, 2008
Lawmaker: In-state college tuition for illegal immigrants violates federal law
By PATRICK McGEEpmcgee@star-telegram.com
A former Arlington City Council member turned anti-illegal immigrant crusader in the Texas House is trying to scrap Texas’ college tuition benefits for illegal immigrants.
State Rep. Leo Berman, R-Tyler, has asked for a Texas attorney general’s opinion on the legality of a Texas law that allows illegal immigrants to receive state financial aid and in-state tuition.
Berman asked for the opinion after a California appellate court ruled Sept. 16 that such college benefits for illegal immigrants in California conflict with federal law.
"If it’s in violation in California, I would assume that we are also in violation here in Texas," Berman said. "I’m hoping to make people realize that we are a nation of laws. We have to obey our laws, and if we’re in violation of federal laws then we have to correct it."
Texas became the first state to offer such college benefits to illegal immigrants in 2001, and at least eight states have followed suit. Efforts in Congress to make federal financial aid available to illegal immigrants have stalled.
Berman served on the Arlington City Council from 1979 to 1985. In the 2007 legislative session he fought for anti-illegal immigration bills that ultimately died under opposition from business interests and the Mexican American Legislative Caucus.
Berman said he will try again in January by introducing bills that, among other things, would tax money transfers to Mexico and challenge the citizenship of children born in the U.S. to illegal immigrant parents.
A former Arlington City Council member turned anti-illegal immigrant crusader in the Texas House is trying to scrap Texas’ college tuition benefits for illegal immigrants.
State Rep. Leo Berman, R-Tyler, has asked for a Texas attorney general’s opinion on the legality of a Texas law that allows illegal immigrants to receive state financial aid and in-state tuition.
Berman asked for the opinion after a California appellate court ruled Sept. 16 that such college benefits for illegal immigrants in California conflict with federal law.
"If it’s in violation in California, I would assume that we are also in violation here in Texas," Berman said. "I’m hoping to make people realize that we are a nation of laws. We have to obey our laws, and if we’re in violation of federal laws then we have to correct it."
Texas became the first state to offer such college benefits to illegal immigrants in 2001, and at least eight states have followed suit. Efforts in Congress to make federal financial aid available to illegal immigrants have stalled.
Berman served on the Arlington City Council from 1979 to 1985. In the 2007 legislative session he fought for anti-illegal immigration bills that ultimately died under opposition from business interests and the Mexican American Legislative Caucus.
Berman said he will try again in January by introducing bills that, among other things, would tax money transfers to Mexico and challenge the citizenship of children born in the U.S. to illegal immigrant parents.
September 25, 2008
Cleanup spurs labor need
Undocumented workers will be linchpin in efforts
By JENALIA MORENO and SUSAN CARROLL Copyright 2008 Houston Chronicle
Sept. 25, 2008, 7:12AM
Video: Ike's aftermath See Houston's recovery from the devastating hurricane.
IMMIGRATION CHRONICLES BLOG
Thoughts on the slower rate of immigration All across southeast Texas, roofs need repair, debris must be discarded and towns hope to rebuild.
Hurricane Ike's destruction is sparking one of the largest rebuilding efforts the state has seen in decades, but at the same time is highlighting a thorny facet of the region's labor force: A lot of the recovery work will be done by illegal immigrants.
Homeowners have already turned to day laborers — many of whom are undocumented — to help clear brush, tent roofs and repair other storm damage. Contractors have hired them to rebuild or restore businesses and the city's infrastructure.
And the major work of rebuilding small towns along the Gulf Coast or big homes in Galveston will likely be aided by undocumented workers.
But this tug and pull of the labor force highlights an uneasy dilemma: The region needs the muscle of undocumented immigrants, but simultaneously is a cog in a broader crackdown of illegal immigrants at worksites.
"There's just no mechanism in place right now to provide those important laborers work authorization," said Leigh Ganchan, a Houston immigration attorney with Haynes and Boone. "It's a shame that employers can't tap into a whole segment of society that's willing and capable to provide those services. Our nation is more vulnerable than it would like to admit, I think. Vulnerable, meaning we need people to help us rebuild our infrastructure after major disasters like this."
Carlos González, Mexico's consul general in Houston, expects the area's existing immigrant population will do the rebuilding work, a key difference with what happened post-Katrina. New Orleans experienced an influx of Hispanic immigrants because it did not have as large of an immigrant population as Houston.
"You will find the immigrant community — as they always have — will play a very big role," said Laura Murillo, president of the Houston Hispanic Chamber of Commerce.
However, Americans devastated by the storm should have the option of doing the rebuilding, said Ira Mehlman, spokesman for a Washington, D.C.-group that seeks to stop illegal immigration.
"Those people should have first crack at the reconstruction jobs," said Mehlman with the Federation for American Immigration Reform. "I'm sure there are an awful lot of people who can use the jobs and use the paychecks to get themselves back on their feet."
The looming demand for immigrant labor for rebuilding efforts illustrates how dependent Texas industry and commerce are on undocumented workers.
According to a 2006 study by the Greater Houston Partnership, construction is the largest employer of undocumented workers in the city, employing nearly 36,000 people.
"The storm hasn't done anything but point out again how badly these workers are needed and how much they contribute," said Angela Blanchard, president and chief executive officer of Neighborhood Centers Inc.
Chase Duhon, with an Austin-based company that contracted to remove brush and debris across Houston, said he's having trouble finding legal local workers to help with hurricane cleanup. He posted an ad online to find more workers.
"We don't hire anyone who's illegal," said Duhon, a Houston native. "We want to keep it local. We want to use people here in Texas, but there's so much work, there are people coming from Michigan and Massachusetts."
Paralyzed by politics, immigration reform has yet to be approved by Congress despite years of hot debate. Supporters of reforms — such as a guest worker program — say storms like Ike prove how hard it is for employers to fill certain jobs.
"We need the labor. These people want to work," said Norman Adams, co-founder of Texans for Sensible Immigration Reform and president of Adams Insurance Service. "I don't think anybody has enough workers here."
Adams said the contractor repairing his water-damaged office building in the Heights area after the storm hired immigrant workers.
Honduran immigrant Esteban Valle, 49, said construction work has picked up since Ike hit.
"I think there's more work," said Valle, a legal permanent resident who previously lived in Dallas. "But it's easier for me because I have papers."
At one of the city's most popular day labor sites, the competition was stiff, with those skilled in trades like roof repair and hanging plaster wallboard often getting picked first.
"It's difficult because we don't have papers, and there are so many people," said 22-year-old Emanuel Hernandez, an undocumented immigrant from southern Mexico, gesturing to three dozen men gathered at the corner of Shepherd Drive and 11th.
Staff writer Jim Pinkerton contributed to this report.
jenalia.moreno@chron.com susan.carroll@chron.com
By JENALIA MORENO and SUSAN CARROLL Copyright 2008 Houston Chronicle
Sept. 25, 2008, 7:12AM
Video: Ike's aftermath See Houston's recovery from the devastating hurricane.
IMMIGRATION CHRONICLES BLOG
Thoughts on the slower rate of immigration All across southeast Texas, roofs need repair, debris must be discarded and towns hope to rebuild.
Hurricane Ike's destruction is sparking one of the largest rebuilding efforts the state has seen in decades, but at the same time is highlighting a thorny facet of the region's labor force: A lot of the recovery work will be done by illegal immigrants.
Homeowners have already turned to day laborers — many of whom are undocumented — to help clear brush, tent roofs and repair other storm damage. Contractors have hired them to rebuild or restore businesses and the city's infrastructure.
And the major work of rebuilding small towns along the Gulf Coast or big homes in Galveston will likely be aided by undocumented workers.
But this tug and pull of the labor force highlights an uneasy dilemma: The region needs the muscle of undocumented immigrants, but simultaneously is a cog in a broader crackdown of illegal immigrants at worksites.
"There's just no mechanism in place right now to provide those important laborers work authorization," said Leigh Ganchan, a Houston immigration attorney with Haynes and Boone. "It's a shame that employers can't tap into a whole segment of society that's willing and capable to provide those services. Our nation is more vulnerable than it would like to admit, I think. Vulnerable, meaning we need people to help us rebuild our infrastructure after major disasters like this."
Carlos González, Mexico's consul general in Houston, expects the area's existing immigrant population will do the rebuilding work, a key difference with what happened post-Katrina. New Orleans experienced an influx of Hispanic immigrants because it did not have as large of an immigrant population as Houston.
"You will find the immigrant community — as they always have — will play a very big role," said Laura Murillo, president of the Houston Hispanic Chamber of Commerce.
However, Americans devastated by the storm should have the option of doing the rebuilding, said Ira Mehlman, spokesman for a Washington, D.C.-group that seeks to stop illegal immigration.
"Those people should have first crack at the reconstruction jobs," said Mehlman with the Federation for American Immigration Reform. "I'm sure there are an awful lot of people who can use the jobs and use the paychecks to get themselves back on their feet."
The looming demand for immigrant labor for rebuilding efforts illustrates how dependent Texas industry and commerce are on undocumented workers.
According to a 2006 study by the Greater Houston Partnership, construction is the largest employer of undocumented workers in the city, employing nearly 36,000 people.
"The storm hasn't done anything but point out again how badly these workers are needed and how much they contribute," said Angela Blanchard, president and chief executive officer of Neighborhood Centers Inc.
Chase Duhon, with an Austin-based company that contracted to remove brush and debris across Houston, said he's having trouble finding legal local workers to help with hurricane cleanup. He posted an ad online to find more workers.
"We don't hire anyone who's illegal," said Duhon, a Houston native. "We want to keep it local. We want to use people here in Texas, but there's so much work, there are people coming from Michigan and Massachusetts."
Paralyzed by politics, immigration reform has yet to be approved by Congress despite years of hot debate. Supporters of reforms — such as a guest worker program — say storms like Ike prove how hard it is for employers to fill certain jobs.
"We need the labor. These people want to work," said Norman Adams, co-founder of Texans for Sensible Immigration Reform and president of Adams Insurance Service. "I don't think anybody has enough workers here."
Adams said the contractor repairing his water-damaged office building in the Heights area after the storm hired immigrant workers.
Honduran immigrant Esteban Valle, 49, said construction work has picked up since Ike hit.
"I think there's more work," said Valle, a legal permanent resident who previously lived in Dallas. "But it's easier for me because I have papers."
At one of the city's most popular day labor sites, the competition was stiff, with those skilled in trades like roof repair and hanging plaster wallboard often getting picked first.
"It's difficult because we don't have papers, and there are so many people," said 22-year-old Emanuel Hernandez, an undocumented immigrant from southern Mexico, gesturing to three dozen men gathered at the corner of Shepherd Drive and 11th.
Staff writer Jim Pinkerton contributed to this report.
jenalia.moreno@chron.com susan.carroll@chron.com
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