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Judge's Border Patrol reports criticized
The Palm Beach Post ^ | 01.18.04 | Susan Spencer-Wendel

Posted on 01/19/2004 3:46:41 PM PST by Beck_isright

WEST PALM BEACH -- Here in Circuit Judge Roger B. Colton's courtroom come the children: abused, abandoned, neglected.

In most courtrooms, as in public schools, immigration status doesn't matter. In those arenas, all children, foreign-born or All-American, are treated the same.

But to Colton, immigration status does matter.

Increasingly he's talking about it, questioning why illegal immigrants should be given services and denying shelter to children here illegally. Then after they leave the courtroom, he has been reporting some of them and their families to the U.S. Border Patrol.

It's shocking, say the lawyers who represent children in front of him. And it's an abuse of his power, reporting to law enforcement details revealed in other matters before him, they say.

It's his duty, Colton says.

"They're violating the law, and I'm a judge," Colton said. "Don't I have some type of obligation to the system to report it... when it's smack-dab right out in front of me?"

About four times since October, Colton has written down the names, addresses and birth dates of immigrant children and their families and faxed it over, he said.

Barbara White, chief of the Public Defender's Juvenile Division, says it's not appropriate for judges in any courtroom to report people to law enforcement. Most certainly not in a juvenile setting, where the clients are the most vulnerable, she said.

It can be very intimidating to illegal immigrants for a judge to investigate their legal status -- something that's more appropriate for the prosecutor or police to do, White said.

It's not uncommon for judges to learn of illegal acts while presiding over cases. Divorce judges hear people admit to tax evasion; criminal judges hear of drug sales during the commission of another crime; civil judges hear perjury. Rarely, though, do they inject themselves into the situation by reporting the details to a law enforcement agency.

Colton, acting as a reporter of facts rather than a detached observer of cases, is abusing his power, say lawyers who practice before him. Most lawyers interviewed declined to comment on the record for fear of hurting their clients' cases.

A former member of the governing board of the American Immigration Lawyers Association said Colton's practice is "shocking."

"He's taken upon himself a duty he was not sworn to do," said Mazen Sukkar, an immigration lawyer in Hollywood. "He's a state judge enforcing federal law. It's quite disturbing."

It will have a chilling effect, he says. As word spreads in the immigrant community that judges turn in illegals, they will no longer come forward to be witnesses in cases, they'll no longer report the child abuse of a neighbor, knowing they may all end up deported. They'll no longer participate in a system designed to help them, Sukkar said.

Colton said he does not report all people he suspects to be illegal. He's done it selectively.

On a recent Saturday, Colton took his turn as duty judge at the jail courthouse. He issued a spoken order that a Mexican man, arrested for a serious crime, be reported. He did not ask the man his legal status. "I just know he was undocumented," Colton said later.

In another case at the jail, the very mention of the Border Patrol may have influenced the outcome.

Jose Alberto Hernandez stood before Colton, nervously stroking his hair while looking down at his feet. He had been arrested the night before for loitering and giving a false name to police, telling them his name was simply Alberto.

In court, Hernandez gave Colton conflicting information about his name and said he couldn't exactly remember his birthday, but it was a Monday in February 1982. "You're one step away from the Border Patrol being called," Colton said.

Hernandez gave more conflicting answers when Colton asked how he wanted to plead. He seemed confused and perhaps should take his name mix-up case to trial, Colton said. Colton continued to chat about Border Patrol policy with other courtroom officials as Hernandez thought about it. Hernandez then said he wanted to plead guilty.

"Yes, he wants to plead guilty before the Border Patrol gets here," Colton said.

Afterward, when asked about his statements, Colton was surprised: "Is that what the defense attorney said?" he said. "Oh, I did? Oh, yes I did."

Colton a former FBI agent

Colton is a popular judge, in his final term of office. He's consistently rated high in Bar polls for his fairness and good nature.

He reports illegals to the Border Patrol in good conscience, he said, thinking it's better that they be deported to their homeland rather than being treated like slaves here.

His law enforcement background is also a big reason: He spent nine years as a special agent with the FBI.

Colton speaks some Spanish and uses it when he has Spanish speakers before him, asking their names, addresses and dates of birth.

According to a small sampling of judges, Colton is believed to be the only judge among the 51 in Palm Beach County to report people regularly to the Border Patrol. State judges rarely even ask a person's immigration status.

Legally, Colton is on firm ground, said Mike Hethmon, staff attorney for the Federation for American Immigration Reform, the largest and oldest anti-immigration group in the nation.

A recent federal court ruling in eastern Virginia, the court hearing most of the terrorist cases, supports a judge's ability to report immigration information to law enforcement, Hethmon said. Chief Judge Edward Fine said he neither encourages nor discourages his judges to report people. It's not inappropriate to do so, Fine said, but judges must also must weigh whether their actions will inhibit the court system and scare off people.

"Problem is, there's no position that can support both points of view," Fine said.

Circuit Judge Edward Garrison worked at the Palm Beach County Jail in the 1980s. He said he was very active in asking the sheriff's office to report people to the Border Patrol and improving the communication between the federal agents and the jail.

He continued to ask the sheriff to report people when he became a criminal judge and sat for years hearing major felonies, like rape and murder. But now sitting as a family judge hearing mostly divorce cases, the issue rarely comes up and he does not report suspected illegals.

"The people in criminal, they had crossed the line," Garrison said.

All tips investigated

Art Bullock, the U.S. Border Patrol special agent-in-charge locally, is aware of Colton's reporting and said all his tips were checked out. Bullock couldn't say specifically whether anyone had been arrested as a result. The office, made up only of Bullock and a staff of five, supervises eight counties and is swamped with reports. But reports never get ignored, he said.

"If a person is going to take the time to report, we're going to see if it's worth investigating."

Colton said it's been on his mind to report illegals for years, ever since immigration lawyers began coming to his courtroom and point-blank asking him to declare illegal children dependent on the state to improve their immigration cases.

"That's an abuse of my court," he said.

In October, Colton refused to shelter a 16-year-old deaf child because he was here illegally. Colton particularly bristled when he learned that the Department of Children and Families wanted to send the teen to a well-respected school in St. Augustine, the Florida School for the Deaf and the Blind.

"Why should someone here illegally take that spot at that school?" Colton said.

Yet the deaf school is public and, like any other public school, cannot refuse admission because of a child's immigration status. Colton felt badly, however, and reversed his decision a few weeks later, authorizing DCF to shelter the teen and provide him with services.

Colton reported him and his relatives to the Border Patrol anyway. It was his first such call to immigration officials.

He promises more to come.


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Extended News; Foreign Affairs; Government; Politics/Elections; US: Florida
KEYWORDS: aliens; amnesty; crime; illegalaliens; immigrantlist; judge; rove; w
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"He's taken upon himself a duty he was not sworn to do," said Mazen Sukkar, an immigration lawyer in Hollywood. "He's a state judge enforcing federal law. It's quite disturbing."

1. A judge can not "arrest" an illegal. Thus this "enforcing the law" nonsense is a non starter.
2. He's sworn to uphold an defend the Constitution and laws of the United States of America. Thus the "He's taken upon himself a duty he was not sworn to do" is another non starter.

Chalk one up for the good guys!
1 posted on 01/19/2004 3:46:41 PM PST by Beck_isright
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To: *immigrant_list; hedgetrimmer; Sabertooth; FITZ; riri; sarcasm; Joe Hadenuf; HennepinPrisoner; ...
[[[[[[[[[[[[[[ PING ]]]]]]]]]]]]]]]
2 posted on 01/19/2004 3:47:39 PM PST by Beck_isright ("Those who stand for nothing fall for anything."-Alexander Hamilton)
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To: Beck_isright
Notice how this writer continues the intentional mischaracterization of the Federation for American Immigration Reform as 'anti-immigration,' when they are in fact an anti-mass immigration group.
3 posted on 01/19/2004 4:06:42 PM PST by Aetius
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To: Aetius
OH yes, I noticed it. The Palm Beach Post is so leftist, it's frightening. But typical of the media in that part of Florida.
4 posted on 01/19/2004 4:13:52 PM PST by Beck_isright ("Those who stand for nothing fall for anything."-Alexander Hamilton)
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To: Beck_isright
By forcing illegal alien criminals to tell the truth in his court, doesn't he jeopardize the lies they will tell in the future to get multiple benefits from the US?
5 posted on 01/19/2004 4:21:12 PM PST by Tacis
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To: Beck_isright
Yet another attempt to label those who question the latest US immigration proposal. They are anti-children. Playing to emotion rather than reason.
6 posted on 01/19/2004 4:22:43 PM PST by Zipporah (Write inTancredo in 2004)
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To: Tacis
"By forcing illegal alien criminals to tell the truth in his court, doesn't he jeopardize the lies they will tell in the future to get multiple benefits from the US?"

Yup.
7 posted on 01/19/2004 4:24:29 PM PST by Beck_isright ("Those who stand for nothing fall for anything."-Alexander Hamilton)
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To: Zipporah
"Yet another attempt to label those who question the latest US immigration proposal. They are anti-children. Playing to emotion rather than reason."

You have to love the judge though. He is one of the few that comprehends the term "oath of office". Too bad there are hundreds if not thousands from the top down that don't remember the meaning of that phrase.
8 posted on 01/19/2004 4:25:32 PM PST by Beck_isright ("Those who stand for nothing fall for anything."-Alexander Hamilton)
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To: Beck_isright
Judge Roger Colton. O K I live just north of W.P.B. hopefully he is on my ballot and I can vote for his reelection to the bench.
9 posted on 01/19/2004 4:34:05 PM PST by Joe Boucher (G.W. Bush in 2004)
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To: Beck_isright
Creative editting on this article:

"He's taken upon himself a duty he was not sworn to do," said Mazen Sukkar, an immigration lawyer in Hollywood who lives next to a crack house but doesnt report it since it is none of his business. "He's a state judge enforcing law. It's quite disturbing. We cat have laws being enforced, it's intolerable."

It will have a chilling effect, he says. As word spreads in the immigrant community that judges turn in illegals, they will no longer come forward to be witnesses in cases to protect other guilty parties, and they will be much less likely to commit crimes or be in places where they may get picked up by police, knowing they may all end up deported. They'll no longer be my clients, Sukkar whined.

According to a small sampling of judges, Colton is believed to be the only judge among the 51 in Palm Beach County to report people regularly to the Border Patrol. State judges rarely even ask a person's immigration status. They dont think there is any problem with open borders and the fact that 25% of criminals in jail are illegal aliens. "The more business, the better for us. Deporting illegals could drive our case load way down. I'm not ready to retire and play golf yet." Opined one Liberal Judge.

10 posted on 01/19/2004 4:36:06 PM PST by WOSG (I don't want the GOP to become a circular firing squad and the Socialist Democrats a majority.)
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To: Beck_isright
He should donate some courage to Bush Jr.
11 posted on 01/19/2004 5:22:55 PM PST by dagnabbit (Tell Bush where to put his Amnesty and Global Labor Pool for American Jobs- Vote Tancredo in Primary)
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To: Beck_isright
Wow, what a find!

Barbara White, chief of the Public Defender's Juvenile Division, says it's not appropriate for judges in any courtroom to report people to law enforcement. Most certainly not in a juvenile setting, where the clients are the most vulnerable, she said.

Well Ms White, who's job is it to report a crime? It's called citizenship!

"He's taken upon himself a duty he was not sworn to do," said Mazen Sukkar, an immigration lawyer in Hollywood. "He's a state judge enforcing federal law. It's quite disturbing."

He is not "enforcing federal law". Enforcing would include arrest, indictment, trial, and sentencing the guilty. Reporting a crime is called... citizenship.

,I just don't know where my low opinion of lawyer's comes from. /sarcasm.

12 posted on 01/19/2004 5:26:31 PM PST by XHogPilot
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To: XHogPilot
For the record, pilots like you and your comrades who are still up there "in the tub" are my kinda heroes!

A big ex-USAF salute -- and a bigger THANK YOU!

13 posted on 01/19/2004 5:59:10 PM PST by TXnMA (No Longer!!! -- and glad to be back home (and warm) in God's Country!!)
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Comment #14 Removed by Moderator

To: Gallegos
We do need more statesman (seems that is a lost word) rather than politicians. Tancredo is facing a lot of flack from the party.. not following the party leadership. What I would like to know, what seems so difficult to understand re enforcing the law?
15 posted on 01/19/2004 6:19:29 PM PST by Zipporah (Write inTancredo in 2004)
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Comment #16 Removed by Moderator

To: Gallegos
I sure hope that the leadership gets the message loud and clear. Seems it doesn't matter what the people want or what is best for this country. Sad really.
17 posted on 01/19/2004 6:33:02 PM PST by Zipporah (Write inTancredo in 2004)
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Comment #18 Removed by Moderator

To: XHogPilot
LOL, thanks. I scan for these kind of stories daily. Hopefully the media will let a few stories about the good guys through.
19 posted on 01/19/2004 6:48:20 PM PST by Beck_isright ("Those who stand for nothing fall for anything."-Alexander Hamilton)
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To: Joe Boucher
I hope so too.
20 posted on 01/19/2004 6:48:39 PM PST by Beck_isright ("Those who stand for nothing fall for anything."-Alexander Hamilton)
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