Posted on 02/01/2003 8:17:17 PM PST by Ajnin
Knowing what a voracious appetite Freepers have for timely and accurate information, I tried to provide a running commentary on the developments of our mid-night operations yesterday. The heavy volume of illegal alien traffic made it difficult to provide any commentary at all.
At the beginning of shift which started at 10 pm, our processing area was filled to capacity with illegal aliens. We had so many illegals in such a small area I had to stay in the processing area to prevent escapes and inadvertent VR’s. In the middle of all these illegals we had two smuggling cases that involved three smugglers/guides with a total of 30 smuggled aliens in three vehicles. The smugglers were being set up for prosecution (8 USC 1324). We also had three re-instatements of deportation going.
Before I give a breakdown of events, here’s a little synopsis of the tasks involved during the course of the night.
At our initial muster agents are either assigned to the field (border) or are given local duties (office). As the inside supe, I was responsible for conducting muster and assigning agents their duties. After muster, agents get their assigned vehicles and have it inspected by a supervisor. Afterwards, they get whatever equipment they need such as NVG's, spikes,M-4’s, shotguns, and etc, checked out to them by a supervisor.
After vehicles are inspected and equipment is checked out, the agents head out to the border areas to relieve the previous shift. Generally, agents are supposed to stay in their assigned areas until the next unit arrives in the area.
Agents that are assigned local duties stay behind to process aliens. The junior agents man computers in the processing or detention area. The computers are equipped with the ENFORCE and IDENT programs.
When an agent catches an alien out in the desert, the agent completes a form I-826 which advises the alien of his administrative rights. The aliens can request a voluntary return to their country of origin, which is the case with most Mexican illegals or they can request a hearing before an immigration judge. The I-826 form we use is particular to our Sector. The forms we use also contain biographical information on the alien as well as geographical information of the place of apprehension. In addition to the I-826 there is the I-770 which is basically the same as the I-826 except it is used for juvenile aliens only. When completing the I-770, a Memo To File stating the juvenile declined to make a phone call must be issued and signed by the agent. The agent is also required to give the juvenile a list of free legal services.
After all the necessary forms are filled out in the field by the agent, the alien is transported by a Detention Enforcement Officer or by another BPA to the station. The local agents enter all the information on the I-826/I-770 into ENFORCE. The alien is then fingerprinted with the use of a biometric scanner into IDENT. The ENFORCE and IDENT data bases help us to catch aliens that have violated non-immigration and immigration laws no matter where those violations occurred.
During the course of processing illegal aliens, ENFORCE/IDENT will let the agent know how many times an alien has been caught. If the alien has been caught a significant number of times, the alien will be prosecuted under a specialized program.
Deports
Prior deports are also highlighted. In most cases prior deports are just given what is called a “re-instatement.” The alien is held in our detention facility apart from our station until an immigration judge can re-instate the deportation order. Once an agent IDENTS the alien, a red line will show up in IDENT, highlighting the transaction. The agent then has to do immigration and criminal checks through agencies such as NAILS, DACS, etc. The agent then has to confirm the alien’s criminal and immigration record by submitting finger prints to AFIS. AFIS confirms immigration violations and then submits the prints to the FBI. The FBI confirms criminal violations. Once the criminal or immigration records have been confirmed then the alien is assigned a nine digit alien registration number and a file is opened on the alien. The file is called an “A-file”. Both Legal and illegal immigrants receive a number and A-file. For a reinstatement of deportation, processing agents need only submit 5 sets of fingerprints (2 for the A-file and 3 sets for the INS Detention Facility), I-213 ( Record of Deportable Alien), formal I-826 (Notice of Rights and Request For Disposition), 4 pictures and our Screening Section completes the rest of the A-File.
For a prosecution of re-entry after deportation (8 USC 1326) the only thing different than a re-instatement is that the Miranda Warning needs to be read to the alien in his native language within six hours of apprehension. Keep in mind the above is just what our processing agents do. There is much more paper work for these cases that is completed by our staff in Screening.
Alien smuggling
For alien smuggling cases ( 8 USC 1324) forms I-213, I-826, four FD-249 finger print cards, one R-84 finger print card and four pictures are needed to prosecute the smugglers. In addition, form G-166 (Record of Vehicle Seizure) with a narrative establishing all the probable cause and details of the case must be done. If the vehicle is stolen then an I-44 is required to document the turnover of the vehicle to the police.
The smuggler has to be given his Miranda Warning in his native language within six hours of apprehension. All material witnesses must be given their Miranda Warning as well. At least two material witnesses must be acquired from the load for the prosecution. The smuggler has to be given a LUJAN-CASTRO letter informing him that he is allowed to keep as many as six witnesses from the load that he feels will exonerate him. Video taped sworn statements are taken from the smuggler and material witnesses. Sworn statements have to be transcribed into English. The whole process of completing a 1324 prosecution case takes about six hours.
Other than Mexicans
OTM’s are processed much the same way re-instatements are. I-217 is the additional form that must be done on aliens that are not Mexican and that do not have passports in their possession. The I-217 documents biographical information and most importantly where the alien lives. In a lot of cases you end up writing such things like the alien lives by the Maria Guadalupe Church that is by the river 270 miles south east of Tegucigalpa. The narrative on the I-213 documents how and when the alien left his home and arrived in the US. Five print cards are also done in conjunction with criminal and immigration checks, an A-file is opened and the aliens is prepared for removal proceedings (Rem Proc).
Usually, before any paperwork is started on the OTM, the senior journeyman in processing calls over to the detention facility to request camp space. If the supervisor over at camp denies detention space for whatever reason, then the alien has to be booked into County Jail. For this, an I-247 hold has to be done identifying the alien as an immigration case. County Jail forms have to be filled out as well. If there is no space available at the County Jail, then the OTM is given what is known as an OR (released on own recognizance). The alien is given an NTA (Notice to Appear) with his court date on the document and is kicked out the door. This is done for deportation cases, criminal cases, re-instatements as well as OTM’s.
OTM’s that do not speak Spanish have to be processed in their native language. For this we have an account with AT&T so that we can use their linguists to translate all our inquiries.
Unaccompanied juveniles
When we receive unaccompanied juveniles, the Field Operations Supervisor (FOS) has to notify Sector staff to find out what to do with the juvenile. The juvenile either has to be secured at the station or booked into juvenile hall at the County Jail. The Mexican Consulate also has to be notified, so they can interview the juvenile. When we secure juveniles they can not be put into a cell with adults. Females and males also have to be separated. Adult males and females have to be separated as well.
Injured Aliens
Injured Aliens, if they are caught by agents in the field and request medical attention are not taken into custody. If they are taken by EMT’s to the hospital they are free to go. Injured aliens that request to see a doctor after they have been taken into custody are secured and escorted to the hospital. The agent stays with the aliens everywhere he goes inside the hospital. After being inspected by a doctor the alien is then transported back to the station.
Shift Report Jan 30-31
23:15- 25 More illegal aliens are coming from our western desert.
23:25- A new re-instatement of deportation cases just came up.
2345- Checkpoint apprehends a Guatemalan female.
2400- Two of the previous 25 turn out to be El Sals.
2430- Two El Sals become 5 El Sals due to miscommunication between off going and on-coming shift. One El Sal turns up missing and every alien has to be questioned as to his name and nationality. The El Sal is present but did not respond to his name because the agent did not refer to use his middle name. The alien was secured to a chair as a flight risk.
2445- Police Dept. chases a vehicle through town. Vehicle bails out and the aliens abscond
2450- An unaccompanied juvenile was caught lying about being an adult in effort to escape with those being voluntarily returned to Mexico. Unaccompanied juveniles have to be held so the Mexican Consolate can interview them. They often lie about their age so they can be immediately returned to Mexico. Losing an unaccompanied juvy is a major no-no.
0100- 23 aliens are apprehended in the In Ko Pah mountain range.
0115- 7 aliens are apprehended in the In Ko Pah Mtns courtesy of the Horse Patrol.
0120- 11 aliens are apprehended from the previous PD call.
0130- 23 aliens are given a voluntary return to Mexico in an effort to create space in the processing area for more aliens arriving from the field.
0145- 5 Juvenile aliens are brought in with the previous group of 23. 0150- Injured alien brought in, declines medical attention.
0220- 24 aliens apprehended in the In Ko Pah mountains.
0245- 2 aliens recovered from the previous PD call.
0400- One smuggler is sent to the county jail to await prosecution for 1324.
0400- 10 Aliens apprehended in the In Ko Pah, Mts.
0400- One guide was processed for removal proceedings.
There is a lot I left out. Hopefully, I can fill in the gaps with any questions that you may have.
The State of Illinois now uses biometric scanning for drivers license photos.
The smuggler has to be given his Miranda Warning in his native language within six hours of apprehension.
A country that treats aliens like Citizens will ultimately treat its Citizens like aliens.
It seems that if we are just deporting illegal aliens to the other side of the border, it’s just a matter of time before they’re back. Why are we paying for this kind of revolving door deportation / importation / deportation?
As long as we’re paying the fare, why not be affective and send them somewhere south of Tijuana, let’s say Tapachula? Then, maybe then Presidente Fox will get the message.
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