Are ICE’s Courthouse Crackdowns Justified?
by James A. Bacon
Immigrations and Customs Enforcement (ICE) officials have discovered that an easy way to crack down on illegal-alien criminals is to pick them up in local courthouses where they are processed for alleged crimes and misdemeanors. It strikes me that ICE is entirely within its rights, but the strategy does have unintended consequences. Scared that they’ll be nabbed and deported, some undocumented immigrants have skipped their hearings.
Such appears to be the case in Chesterfield County where ICE detained fifteen people over a four-day period in June, mostly for traffic violations. This week, ICE returned to the Chesterfield courthouse looking for three more people. One appeared and was detained but the other two were no-shows. Commonwealth’s Attorney Erin Barr says some aliens “see our courthouse as a place to fear.” (Interestingly, WTVC-News refers to them as “victims.”)
People can have a reasonable debate over whether it is a good or bad idea for ICE to detain illegal aliens at Virginia courthouses. But I’m not much impressed by critics who have taken to demonstrating against the practice in places like Charlottesville and Albemarle County.
Word went out Friday that ICE was planning to deport 36-year-old David Ambrosio Herrera, who was charged with exposing himself to a girl at an Albemarle County bus stop. A “larger-than-normal crowd” had gathered inside the circuit court gallery. Daily Progress reporter Hawes Spencer noted that there were “some tense moments” as lawyers braced themselves for an ICE raid.
In this case, according to the Daily Progress, the victim — the real one — was an 11-year-old girl. Prosecuting attorney Armin Zijerdi said Ambrosio Herrera lives near the girl and frequents the same bus stop.
“David admitted to exposing his testicles and penis to [the girl]. David said he did it because he wanted to see the girl’s reaction and there might be something wrong with his head,” said Judge Cheryl Higgins, reading from the complaint.
“David was asked if his penis was erect at the time, and he said, ‘I don’t remember, but maybe yes,’” wrote investigating officer Jeremy Lavin.
The girl’s family hoped for Ambrosio Herrera’s speedy exodus. “They are eager for him to be removed from the community,” said Zijerdi.
The judge appeared startled when Zijerdi revealed that the low end of the state sentencing guidelines for taking indecent liberties called for no active jail time. In theory, the Class 5 felony can bring up to 10 years. But Zijerdi said that obtaining a conviction was risky because there was no physical evidence and it would require the child to testify. Furthermore, the defendant had no previous criminal history. In the end, the judge called for a pre-sentence report.
After the hearing Ambrosio Herrera walked out the front door of the courthouse and was seen heading in the direction of Charlottesville’s downtown mall.
In this particular case, ICE was the no show.
There’s one tiny but revealing detail in the article. Spencer reports that the girl’s mother summoned the police after the incident. She could have identified Ambrosio Herrera, I surmise, only if the girl knew and recognized him, probably by name. In all likelihood, they were part of the same Hispanic community.
I will repeat again my observation that the victims of illegal aliens who engage in criminal behavior are usually minority immigrants (whether legal or illegal) themselves. The protesters, who are typically affluent professionals, never express concern for minorities as crime victims, only for perpetrators. In their eyes, the criminals are the victims, and the real bad guys are those who would deport them. In their eyes, those of us who would like to expel criminal foreigners are xenophobes and autocrats. I wonder if that assessment extends to the parents of the 11-year-old girl.
Republished with permission from Bacon’s Rebellion.
