Some of the saddest cases involve people who are in this country illegally. Many times they appear before me charged with relatively minor offenses, but are then held until the Department of Homeland Security decides whether or not to deport them.
One defendant was brought before me on minor charges, but I
was informed by the prosecutor that they could not obtain the correct name and
date of birth of the defendant. I had
him placed under oath and asked him to tell me his correct name and date of
birth. The interpreter had a hint of a
smile when he told me the defendant had given a date of birth of April 31,
1963. I had a slight smile as well when
I told the defendant he’d be held, without bail, until his identification could
be confirmed.
Many of the folks in this situation, however, are here to
earn money and send it home to their families.
They try to fly under the radar, but a broken taillight, or cruising
through a stop sign, or driving after they’ve had too much alcohol to drink will
bring them to the attention of law enforcement and begin the journey back to
their home – and the conditions that forced them to leave in the first place.
Another case I handled involved a person who had been in Minnesota, illegally,
for over 17 years. He supported himself
and his family (wife, two children and a stepson) until his home was searched
and a trace amount of cocaine and one illegal pill were found. Normally, probation with some jail and
treatment would have been the sentence.
However, the immigration service deported him to Mexico, while his wife and children remained in Minnesota. Had I had complete discretion on how to
handle the case, I think I could have come up with a more compassionate – and
more just – outcome to this sad situation.
My great-great grandfather left Ireland in the 1840’s because of
the potato famine. Once he left County Cork,
he never saw his family there again.
True, my great-great grandparents came to this country legally – at least
I think they did. But the desperation that drove them to
leave Ireland must lead
others to leave their home country today to try to make a life in the United States.
A state court judge does not deport people who are in our
country illegally. We are required,
however, to order that they be held until Homeland Security makes its
decision. While it’s a duty I am
required to perform, it is a sad one.
* *
* * *
Next week: A Night in Jail
