Federal immigration officials allowed
scores of violent criminals — some ordered deported decades ago —
to walk away from Harris County Jail despite the inmates'
admission to local authorities that they were in the country
illegally, a Houston Chronicle investigation found.
A review of thousands of criminal and
immigration records shows that Immigration and Customs Enforcement
officials didn't file the paperwork to detain roughly 75 percent
of the more than 3,500 inmates who told jailers during the booking
process that they were in the U.S. illegally.
Although most of the inmates released
from custody were accused of minor crimes, hundreds of convicted
felons — including child molesters, rapists and drug dealers —
also managed to avoid deportation after serving time in Harris
County's jails, according to the Chronicle review, which was based
on documents filed over a period of eight months starting in June
2007, the earliest immigration records available.
Other key findings in the investigation
include:
•In 177 cases reviewed by the Chronicle,
inmates who were released from jail after admitting to being in
the country illegally later were charged with additional crimes.
More than half of those charges were felonies, including
aggravated sexual assault of a child and capital murder.
•About 11 percent of the 3,500 inmates in the review had three or
more prior convictions in Harris County. Many had repeatedly
cycled through the system despite a history of violence and, in
some cases, outstanding deportation orders.
The investigation found that the federal
government's system to identify and deport illegal immigrants in
Harris County Jail is overwhelmed and understaffed. Gaps in the
system have allowed some convicted criminals to avoid detection by
immigration officials despite being previously deported. The
problems are national in scope, fueled by a shortage of money and
manpower.
In reaction to the Chronicle's findings,
U.S. Rep. Ted Poe, R-Humble, said ICE needs more resources to
target immigrants convicted of crimes.
"There's no question about it," Poe said.
"Criminals from foreign countries who get caught after committing
a crime and prosecuted should go to the top of the list of people
we deport."
ICE removed 107,000 convicted criminals
from the U.S. in the 2008 fiscal year, which ended in September.
But during the same time frame, ICE sent home more than two times
as many illegal immigrants without criminal records, prompting
criticism from some members of Congress.
Kenneth Landgrebe, ICE's field office
director for detention and removal in Houston, said officials are
doing the best they can with the resources they have. ICE trained
nine Harris County jailers this summer through a federal program
that empowers local law enforcement to act as immigration agents.
The Houston ICE office set a record by
removing 8,226 illegal immigrants with criminal records from
Southeast Texas last year, an increase of about 7.5 percent from
fiscal 2007.
"No agency has enough law enforcement
officers to do the job the way they'd like," Landgrebe said. "If
you look at law enforcement in general — at Houston or New York
City or Los Angeles police — do they apprehend every criminal that
commits a crime? No. Do they arrest every person that speeds in a
traffic zone? No.
"We have to prioritize what we handle,"
Landgrebe said
Missed opportunities
ICE officials estimated that between
300,000 and 450,000 inmates incarcerated in the U.S. are eligible
for deportation each year.
Though ICE has improved screening in
federal and state prisons in recent years, the agency estimates it
screens inmates in only about 10 percent of the nation's jails.
This spring, ICE officials announced a
plan to identify and deport the most serious offenders in the
nation's prisons and jails, estimating it would cost between $930
million and $1 billion and take about 3 1/2 years.
Congress is pressuring ICE to move
faster.
"The present situation is unacceptable,"
said Rep. David Price, D-N.C., chairman of the House Homeland
Security appropriations committee.
"The highest priority for ICE should be
deporting people who have proven their ability and their
willingness to do us harm. Immigration is a very, very contentious
issue, but this seems to be one thing almost everyone agrees is a
priority."
Yet, the Chronicle's review found
hundreds of missed opportunities to deport convicted criminals,
perpetuating a cycle of crime and violence.
•Armando De La Cruz, a Mexican national,
told jailers on two occasions in 2007 that he was undocumented.
Both times, he was convicted of assaulting his wife and released
after serving his jail time. De La Cruz is now back in Harris
County Jail, charged with raping a woman at knife point behind a
southeast Houston apartment complex in July, and attempting to
rape another woman less than a week later. His defense attorney,
Ricardo Gonzalez, did not return phone calls.
•Pedro Alvarez, a convicted sex offender from El Salvador who was
first deported in 1991, racked up eight convictions in Harris
County over a span of two decades and was allowed to walk free
from jail multiple times — as recently as the spring of 2007.
Immigration officials finally charged him with re-entry after
deportation in February. Sandra Zamora Zayas, the attorney who
represented Alvarez in federal court in South Texas, did not
return phone messages.
"It's just amazing how long it took them to catch up with him,"
the mother of a 5-year-old girl Alvarez sexually assaulted in 1988
said in an interview with the Chronicle, after learning about
Alvarez's extended criminal history.
'Never lied about who I am'
Miguel Mejia Rodriguez, 36, is locked up
on the fifth floor of the San Jacinto Jail downtown, accused of
raping and sodomizing a second-grader.
It is the fourth time in 12 years that
Rodriguez, an unemployed drifter from Zacatecas, Mexico, has
landed in Harris County Jail. Over the years, Rodriguez has served
time for drug possession, theft, trespassing and indecent
exposure. He told jailers he was in the country illegally in
December 2006, after a security guard caught him touching himself
in an apartment complex parking lot, records show.
But ICE officials did not file paperwork
to detain Rodriguez. He was released after serving his 25-day
sentence.
"I never lied about who I am, or where
I'm from. I'm 100 percent Mexican," Rodriguez said in a jail
interview with the Chronicle in September, after he was accused of
the rape and sodomy of a 7-year-old.
According to court records, the girl told
a friend Rodriguez started abusing her after her mother died in
2005, while he was living with her family.
The girl was hospitalized and treated for
syphilis, court records show. In an interview with Houston police
detectives, Rodriguez admitted to contracting syphilis from a
woman he met in a Houston cantina, but he denied raping the girl.
He said she was a "troublemaker" who lied because he punished her
when she misbehaved.
When he was arrested on the sexual
assault charge in July 2007, Rodriguez again told jailers he was
in the country illegally, records show. In June, nearly a year
after his arrest, ICE officials filed paperwork to detain
Rodriguez, who is scheduled for trial in December.
Deadly consequences
Katherine Anne Bridges, deaf and mute,
was just 19 in the fall of 2004 when she told Harris County
authorities that Jeremias Fuentes, her boyfriend, tried to grab
their 6-month-old baby boy from her arms and kicked her in the
face. He hid her emergency phone so she couldn't call for help.
Fuentes was sentenced to 20 days in jail.
Nearly three years later, in August 2007,
Fuentes was arrested again, suspected of interfering with case
workers trying to interview Bridges about abuse allegations.
Fuentes, 36, told jailers he was an illegal immigrant from El
Salvador, records show. He was sentenced to 30 days in jail. He
was released after ICE didn't file paperwork to detain him.
On the morning of Nov. 26, 2007, a
medical examiner puzzled over the writing scrawled on Bridges'
palm. It read in part: "Payback because ... help me."
The evening before, Bridges' body had
been found facedown in the bedroom closet of her southwest Houston
apartment complex. She had blood in her brown hair and a dozen
stab wounds on her face, neck, chest and back. A knife rested on
the baby crib.
Detectives questioned Fuentes, who
admitted he stabbed Bridges, but he said it was self-defense. In
December, immigration officials filed the paperwork to detain
Fuentes, who declined a request for a jail interview. He is
scheduled for trial in February.
Andy Kahan, director of the Houston Mayor
Crime Victims Office, said he hoped Bridges' case could be a
''catalyst for change" and encourage local authorities to work
more closely with ICE to ensure inmates with violent criminal
histories are vetted before release.
"There were numerous opportunities to do
the correct thing, and that's have him deported, and that didn't
happen. And as a result, a woman paid dearly with her life," Kahan
said.
Matthew Baker, an assistant field office
director for ICE in Houston, said agents try to screen out as many
violent criminals as possible to avoid preventable crimes. Many
illegal immigrants are identified by ICE in the state's prison
system, he added, even if they are not caught while in jail.
"No one can measure the cases where we
picked up and removed someone and prevented that carjacking or
that drunk driving accident that kills a family," Baker said.
"There are hundreds of thousands of incidents that we prevent
every year; those are not measured because they don't happen."
Facts vs. fears
While the Chronicle's review found cases
involving hardened criminals who slipped through the deportation
net, the investigation also revealed that 43 percent of suspects
who were arrested and admitted being in the country illegally were
charged with misdemeanors and had no prior criminal record in
Harris County.
Immigrant advocates cautioned against
stereotyping illegal immigrants based on high-profile cases. Most
research has found that recent immigrants are far less likely than
their U.S.-born counterparts to commit crimes and end up in
prison.
In Texas, foreign nationals made up
approximately 15 percent of the state's population in 2005, and
about 7 percent of state prison offenders.
"Many people see it as a profound insult
when someone who is here without permission commits a heinous
crime," said Rebecca Bernhardt, director of policy development for
the American Civil Liberties Union of Texas. "To be outraged at
the individual who committed that crime is an appropriate
response. But to be angry at everybody who is just here trying to
work to support their family and comes from the same background as
that defendant is a mistake."
Asking about status
The nation's system for identifying and
deporting immigrants convicted of crimes is largely secretive. ICE
officials refuse to disclose the names or basic immigration
history of people detained and marked for deportation, citing
privacy protections in federal law.
To better understand how ICE screens
inmates, the Chronicle obtained a copy of a database, maintained
by the Harris County Sheriff's Office, of inmates who tell jailers
during booking that they are in the U.S. illegally.
The Sheriff's Office voluntarily started
questioning inmates about their legal status and created the
database in September 2006, after a previously deported felon
killed Houston police officer Rodney Johnson. During the booking
process, inmates are asked whether they are in the country
illegally. If they answer 'yes,' their name and jail ID number is
entered into a database that is shared with ICE agents in Houston.
The Chronicle compared the entries in the
Sheriff's Office database with immigration ''holds" placed by ICE
with the Sheriff's Office. An immigration hold is essentially a
request by ICE agents that law enforcement notify them before
releasing an inmate. ICE officials confirmed that jailers notify
them before releasing immigrants who are marked for possible
deportation.
The Houston Police Department, which runs
the city's jails, notifies ICE only about suspects with
immigration warrants and previously deported felons.
Of the more than 80,000 bookings into
Harris County Jail during the review period, about 3,500 — less
than 5 percent — admitted to being in the country illegally. ICE
filed paperwork to detain roughly 900 of the 3,500. During the
review period, the agency also filed paperwork to detain 2,500
suspects not included in the database, indicating that many
immigrants who are eligible for deportation do not disclose that
they are here illegally.
ICE, however, could not confirm whether
the inmates marked for ''holds" actually were deported.
Landgrebe, the ICE official, also
questioned the quality of the information in the Sheriff's Office
database, because it was based only on inmate responses and was
entered by some jailers without immigration training.
More removals
ICE officials would not answer specific
questions about ICE staffing at the Harris County or city jails
but said screening has improved in recent months. In October, the
Sheriff's Office started testing a Homeland Security database that
gives jailers access to millions of immigration records. The
county's participation in the federal government's 287(g) program,
which trains jailers to act as immigration agents, also is
expected to help improve screening, ICE officials said.
Harris County Sheriff-elect Adrian
Garcia, who defeated incumbent Tommy Thomas in the November
general election, said he plans to evaluate the office's
participation in the program after he takes office in January.
Thomas said he believes the program is
necessary — at least until ICE has the resources to improve
screening.
''In a perfect world, I'd like to see our
borders secured to where we have someone we find to be here
illegally, we turn them over to ICE and have them deported,"
Thomas said. ''But that's not something that's happening at this
day and time."
Chronicle reporter Chase Davis
contributed to this report.
susan.carroll@chron.com