Man accused of rape hours after he left jail

[Vegas]

http://www.knoxnews.com/news/2007/jul/04/man-accused-rape-hours-after-he-left-jail/

COLUMBIA, Tenn. - Maury County deputies and federal agents are looking for a man who is accused of raping a 15-year-old girl only hours after being released from jail.

Juan Villa, 24, has been in the Maury County Jail 11 times since 2001 on charges of assault, public intoxication, driving without a license and contempt of court.

He was released from jail on $1,000 bail on Friday at about 9:45 p.m. and is suspected of raping the 15-year-old shortly after midnight. During the investigation, a 13-year-old girl also told deputies she was raped by Villa, Sheriff Enoch George said.

Detective Jerry Williams said Villa knew the 15-year-old but the two were not close.

Villa is suspected of being in the country illegally and George said the department had contacted Immigration and Customs Enforcement about him before he was released from jail but the federal agents said they would deal with him later.

"It is very frustrating," George said.

While searching for Villa at a mobile home park on Tuesday, authorities rounded up at least 13 people they believe are illegal immigrants.

The sheriff's department has detained about 80 illegal immigrants since May, including 25 in a single day. The arrests have prompted some immigrant rights group to accuse the department of racial profiling.

George defended the actions, saying the immigrants who were detained were encountered during criminal investigations.

"If they are here and they are trying to support their family, they are still here illegally," he said. "They are still here violating the law."

The sheriff said he will continue to work with federal immigration agents, but he also wants to enroll in a federal program that trains deputies to determine whether arrestees are illegally in the country.

[ryr8828]

The sheriff's department has detained about 80 illegal immigrants since May, including 25 in a single day. The arrests have prompted some immigrant rights group to accuse the department of racial profiling.

Sorry, but once again I'm looking up the number of a waahmbulance for these protesters.

[hannitykillspuppies]

Villa is suspected of being in the country illegally and George said the department had contacted Immigration and Customs Enforcement about him before he was released from jail but the federal agents said they would deal with him later.

.is that actually difficult to determine?

[Iron Jaw]

is that actually difficult to determine?

For an interior Sheriff's Department, it can be. Which is why the Sheriff is asking for training.

What is proof of U.S. Citizenship? A driver's or state i.d. is certainly not - as non citizens can easily obtain them. Likewise, a SSN - non-citizens can obtain them as well. Birth Certificate? One would think so, if the cert is accompanied by a legitimate I.D. But they can be stolen and/or fraudulently obtained as well. Probably the best form of I.D. is a U.S. Passport.

Resident Aliens (those lawfully admitted for permanent residence - I-551 Resident Alien Card holders) and legal non-immigrants (those legally present on a temporary basis with passports and I-94/Visas or those in possession of a valid BCC (Border Crossing Card - I-586) with a valid I-94) are easy to determine - if they don't have their documents record checks can quickly determine whether the person is here legally or not (though they can still receive a stiff fine and possible removal for not being in possession of the docs). It is easier for our agency to determine a claim of legal residency than a claim of U.S. Citizenship. However, a quick run of the subject's records in our systems generally shows a previous entry and removal, making the claim invalid.

When I arrest a suspected illegal alien, I have to determine citizenship. For me, that is routine and not difficult.....but I've been doing it for over 20 years and can break a false claimer quite rapidly. Either way, most of the arrests I make in the Yuma area are of those who just crossed the border illegally. Even U.S. Citizens are not allowed to make an illegal entry. Though we obviously can't remove U.S. Citizens we can douse them with a hefty fine for not crossing through the Port of Entry. And of course, most USC's who enter illegally are either smuggling, avoiding capture because of an active warrant, don't want the foreign visit on record (all POEs record the entry), or......they're so darned drunk or stoned they don't have a clue where they are.

Local law enforcement officers can and do arrest for illegal entry into the United States (the SCOTUS upheld that a few years ago). Most turn the aliens over to the Border Patrol or ICE (Immigration and Customs Enforcement) depending upon where they are. Some states have their own penalties they can enforces prior to the turnover (such as Arizona) if they choose to utilize them. Thus, it is very important they know how to determine alienage on a subject and to also determine the legalit or illegality of a subject - and that includes recognizing false documents, false claims, etc.

A few years ago, the Chandler Police Force near Phoenix set up several stings targeting criminal aliens, primarily those in local gangs. Though their intentions were good, and several illegal alien members of gangs were arrested (along with legal aliens involved in felonies - which means they would be subject to loss of legal status and removal). However, they also arrested USC's and turned them over to legacy IN&S officials. Because they arrested U.S. Citizens as illegal aliens, they were subsequently sued and forced to settle for a significant amount.

For that reason, local police departments who do arrest for illegal alienage must be able to determine the legality of the subject.

[Vegas]

For an interior Sheriff's Department, it can be. Which is why the Sheriff is asking for training.

What is proof of U.S. Citizenship? A driver's or state i.d. is certainly not - as non citizens can easily obtain them. Likewise, a SSN - non-citizens can obtain them as well. Birth Certificate? One would think so, if the cert is accompanied by a legitimate I.D. But they can be stolen and/or fraudulently obtained as well. Probably the best form of I.D. is a U.S. Passport.

Resident Aliens (those lawfully admitted for permanent residence - I-551 Resident Alien Card holders) and legal non-immigrants (those legally present on a temporary basis with passports and I-94/Visas or those in possession of a valid BCC (Border Crossing Card - I-586) with a valid I-94) are easy to determine - if they don't have their documents record checks can quickly determine whether the person is here legally or not (though they can still receive a stiff fine and possible removal for not being in possession of the docs). It is easier for our agency to determine a claim of legal residency than a claim of U.S. Citizenship. However, a quick run of the subject's records in our systems generally shows a previous entry and removal, making the claim invalid.

When I arrest a suspected illegal alien, I have to determine citizenship. For me, that is routine and not difficult.....but I've been doing it for over 20 years and can break a false claimer quite rapidly. Either way, most of the arrests I make in the Yuma area are of those who just crossed the border illegally. Even U.S. Citizens are not allowed to make an illegal entry. Though we obviously can't remove U.S. Citizens we can douse them with a hefty fine for not crossing through the Port of Entry. And of course, most USC's who enter illegally are either smuggling, avoiding capture because of an active warrant, don't want the foreign visit on record (all POEs record the entry), or......they're so darned drunk or stoned they don't have a clue where they are.

Local law enforcement officers can and do arrest for illegal entry into the United States (the SCOTUS upheld that a few years ago). Most turn the aliens over to the Border Patrol or ICE (Immigration and Customs Enforcement) depending upon where they are. Some states have their own penalties they can enforces prior to the turnover (such as Arizona) if they choose to utilize them. Thus, it is very important they know how to determine alienage on a subject and to also determine the legalit or illegality of a subject - and that includes recognizing false documents, false claims, etc.

A few years ago, the Chandler Police Force near Phoenix set up several stings targeting criminal aliens, primarily those in local gangs. Though their intentions were good, and several illegal alien members of gangs were arrested (along with legal aliens involved in felonies - which means they would be subject to loss of legal status and removal). However, they also arrested USC's and turned them over to legacy IN&S officials. Because they arrested U.S. Citizens as illegal aliens, they were subsequently sued and forced to settle for a significant amount.

For that reason, local police departments who do arrest for illegal alienage must be able to determine the legality of the subject.

Great info, IJ. Aren't there a bunch of jurisdictions that don't allow officers to check for legal immigration status by local ordinance? I'm quite sure that LAPD has such a restriction.

[Jiddy78]

If I ever get busted for my eventual "pounding of a random real estate whore"...I'm claiming my name is Jabib and that I have diplomatic immunity, lots of money and a backyard full of oil. It's true. It's true.

[Iron Jaw]

Great info, IJ. Aren't there a bunch of jurisdictions that don't allow officers to check for legal immigration status by local ordinance? I'm quite sure that LAPD has such a restriction.

Yes - many police and sheriff departments are forced to adhere to local restrictions set up by their local politicians (such as the nutcase mayor of S.F.), though they do have the legal right to detain people for illegal entry alone. Generally, for the police in border areas, it's no big deal. For cities such as Los Angeles, it is a big deal. However, LA Police arrest illegal and legal aliens (subject to deportation if a felony is involved) on an hourly basis for other crimes. The LAPD is not allowed to question the subject's citizenship though they find out anyway when they run the criminal record's checks and do the basic bio's that go with an arrest. LAPD cannot place an immigration hold on the felonious subject because of their city restrictions - they cannot even tell the local Immigration and Customs Enforcement (ICE) officers that a felonious illegal alien is in custody. Now ICE runs a jailcheck in the LA County Jail and city lockups - and it's the ICE Agent's duty to place a hold on the subject until the local, county or state charges are completed (meaning, custody is turned over to ICE or another element of DHS upon release for federal charges including eventual removal from the U.S.). And the locals are required by federal law to adhere to the procedure.

Unfortunately, ICE Agents are not always able to conduct the checks for manpower reasons. In many cities, the locals will do it on their own and give the info to ICE or the Border Patrol. But not in LA.....at least.......openly.;)

Many officers in those specific "sanctuary locales" keep personal cellphone numbers of the Feds and call them off the record when they encounter such a subject.

But that's, off the record.