Monday, July 14, 2014

Undocumented Immigrant Sentenced For Illegal Re-entry

Mexican national sentenced for illegally reentering US after deportation




HARTFORD, Conn. July 14, 2014 — A Mexican national was sentenced Monday to 30 months in federal prison for illegally reentering the United States after being deported. Marcos Martinez Gutierrez, age 43, was identified through the ICE Secure Communities Program after his arrest by Norwalk, Connecticut police. The sentence is the result of an investigation by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Gutierrez allegedly was removed three times. His most recent deportation was in June of 2011, according to an ICE press release. Gutierrez violated U.S. law in several aspects. He has four convictions for DUI, three convictions for possession of narcotics, two convictions for assault against his girlfriend, one conviction for patronizing a prostitute and one conviction for criminal impersonation. He also has two convictions for illegal entry into the U.S. He appears to have an addiction problem and might respond to therapy if he got the chance. It does not appear as if that chance will be forthcoming.

Gutierrez has been in custody since March 3, 2013. In July 2013, he was sentenced in Connecticut state court to three years of incarceration for possession of narcotics and criminal impersonation.

On April 14, 2014, Martinez-Gutierrez pleaded guilty in federal court to one count of illegal reentry of a removed alien. U.S. District Judge Alvin W. Thompson sentenced Martinez-Gutierrez to 30 months in federal prison. The judge could have ordered Martinez-Gutierrez to serve consecutive sentences for his state and federal guilty pleas, but instead ordered the undocumented immigrant to serve one sentence, and then the second for a total time in prison of 6 years.

Some advocates for national security encourage immigration reform that would give people like Martinez-Gutierrez one final chance and allow them to remain in the U.S. with family, friends and relatives. This group argues it is better to identify all undocumented people in the U.S., to keep families together (family values), and to not interrupt business activity, while helping to balance the budget through fines.

 A more popular version of immigration reform denies the benefit of identification of all persons and would favor the deportation of people found guilty of most crimes, like Martinez-Gutierrez. Still others, including Speaker of the House (U.S. House of Representatives) John Boehner, wish to forgo the opportunity to identify at least 40% of the people in the country by blocking immigration reform all together.

Presumably, ICE says they are focusing on deporting violent criminals. However, what ICE says they plan to do and what they are actually doing often varies. However, if ICE only deports violent criminals, they destabilize Mexico by dumping these persons on the border, where they are forced to join gangs. Their presence has made the border a very dangerous place. 

 Most people are convinced, if a person must be incarcerated, that person would be better guarded in the U.S. Most criminal aliens adopted their criminal ways in the U.S. hence are a U.S. problem. That problem should not be deported to another country where the person is placed in high risk situations for re-offending, and causing destabilization in their native country, and eventually, in the U.S.  American lives come into play when soldiers are sent to guard the border, with the border patrol and for those Americans who are sent to countries made less stable though the U.S. deportation policy.

The Secure Communities program has caused friction between ICE and local law enforcement. ICE often makes promises it later refuses to keep in order to convince governors to enter into the secure communities program.  Local governments pay for the time inmates are held for ICE pick-up, a cost that belongs to the federal government.  ICE initially agrees to only use the program for serious criminal offenders, but then uses the program to deport people who are not guilty of any crime, or only minor crimes.

Every country has a right to protect itself. Deportation policy becomes sticky in this regard. Agencies charged with protecting national security seek to identify and remove immigrants who break the law. However, that removal leaves a family without a provider, a child without a parent, and the inevitable cycle of school yard to prison yard a sure path for repetition. It is not that children of immigrants are more likely to be offenders.  Rather, 70% of all males incarcerated come from single parent families.  

Even those charged with enforcing immigration law sometimes get caught in dead end jobs in the deportation industry, like some who become private guards in for-profit prisons, including Aurora, Colorado's GEO Group. At the end of the rainbow, there are no winners, including the American people.

This case was prosecuted by Assistant U.S. Attorneys Krishna R. Patel and Carolyn A. Ikari.