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Posted: 9/6/2010 2:26:56 PM EDT
In 1991, Faustino Escamilla snuck across the border from his native Mexico into Brownsville, Texas, eventually making his way to Norristown, Pa. where he worked as a stable hand.

Seven years later, he moved to New Jersey and went to work for a fencing company in Hillsborough. He met a Costa Rican woman with two children and, in 2003, they bought a $197,000 townhouse on which they pay about $5,000 a year in property taxes.

In June 2009, Escamilla, who has no criminal record, was stopped driving with a suspended license. Now, the federal government wants him deported.

"If the case is that I have to leave the country, I would go with my wife to her country," said Escamilla, 36. "In my country, there is no life there, even to support one kid."

There are thousands of illegal immigrants like Escamilla in New Jersey, where those with no criminal record are far more likely to be deported than nationwide. So far this year, 64 percent of the 4,000 people ordered deported from New Jersey had no criminal record. Nationally, those without criminal records represent just under 50 percent of those ordered deported.

The disparity infuriates advocates for immigrants.

On the other side of the argument are those who say that simply being here illegally is sufficient grounds for deportation, even though President Obama has told Immigration and Customs Enforcement (ICE) to prioritize cases against convicted criminals.

Harold Ort, a spokesman for the Newark field office of ICE, which covers all of New Jersey, said he could offer no explanation for the disparity between the state and national ratios.

Although ICE’s primary focus is on removing illegal immigrants who pose dangers to national security and public safety, "we’re also bound by laws enacted by Congress to remove individuals that we encounter beyond criminal lines who are illegally present in the United States," he said.

Immigration lawyers say police too often contact ICE after arresting Hispanics for minor offenses.

"What’s the benefit to the public of deporting thousands of people who work hard, pay taxes and never get in trouble?" said Joyce Phipps, the attorney for Escamilla. "These are people who came here for a better life, to raise families."

Escamilla said he considers his wife’s children his own. His girl is 19, his boy, 13. They were 6 and 1 when Escamilla met their mother.

"We’re trying to get a future for them," he said in an interview at his Hillsborough townhouse. "I’m the kind of person that works hard. I work hard, if I have to, from 6 in the morning to 8 at night, like I’ve been doing right now. Saturdays. Sundays."

Some argue it is irrelevant if an illegal immigrant has a criminal record.

"Obviously everyone wants criminals to be removed from the country. That’s a no-brainer," said Mark Krikorian of the Center of Immigration Studies, which favors restrictions on immigration. "The question is, is it advisable to send a message that only if you’re actually convicted of non-immigration related crimes, you have a chance of being deported? That unless you’re a murderer or rapist or drug dealer you’re pretty much home free?

"That’s a pretty horrible message to send to law enforcement," he said.

Obama is trying to create a "de facto amnesty without getting Congress’s permission," Krikorian said, due to his inability to get a reform bill passed that would grant illegal immigrants conditional amnesty.

U.S. DEPORTATION POLICY

ICE’s deportation policy was spelled out in a June 30 memo from John Morton, the agency’s assistant secretary. Morton said the agency lacks resources to deport more than 400,000 illegal immigrants a year — less than 4 percent of the estimated total of 11 million illegal immigrants in the United States — and therefore must prioritize.

The top priority is to remove those who pose a danger to national security and a risk to public safety. Aliens who have not been convicted of a violent crime, or of no crime at all, are listed as lower priorities.

The June 30 memo notes that while ICE can pursue anyone here illegally, regardless of their criminal history, "attention to these aliens should not displace or disrupt the resources needed to remove aliens who are a higher priority."

Immigration lawyers in New Jersey say they believe deportation hearings for illegal immigrants picked up for minor offenses are on the rise everywhere.

"We are hearing about those kinds of concerns all over the country, cases literally for driving without a license," said Gregory Chen, director of advocacy for the American Immigration Lawyers Association. "Is that somebody who’s a serious, violent felon? No.

" ... My expectation was that the Obama administration would be smarter and more effective in the way it would do its enforcement," he said.

Advocacy groups for immigrants in New Jersey have recently gotten behind the case of Ramon Gonzalez, a 34-year-old native of Guatemala who crossed the border into California in 1985 and is now slated for deportation.

In 1998 after he was picked up in a raid, a judge ordered him to leave the country within a year. He stayed anyway, keeping his job at a diner. In 2002, he was convicted in Trenton municipal court of a disorderly person’s offense.

In July, ICE sent him a letter asking him to come to its Marlton office. When Gonzalez arrived, he was arrested and sent to the Elizabeth Detention Center for six weeks. He was released last weekend but said he has to leave within three months.

He has two sons with his girlfriend, and together they live in a house he bought in Ewing for $170,000 in 2005. He is scared to return to Guatemala, he said, because criminals there target people who have lived in America, assuming they have money.

"I don’t know what I’m gonna do if they send me to Guatemala," Gonzalez said in the detention center, shortly before his release. "I don’t know what’s gonna happen with me."

Ort defended ICE’s actions with Gonzalez, even while acknowledging he is probably not a threat to public safety. Still, he called him a "fugitive alien," citing Gonzalez’s previous refusal to leave the country voluntarily.

Gonzalez’s lawyer, Steve Traylor, said of his client: "He has a family. He has a house. He’s not a danger. He’s a contributor to society. He’s even filed income taxes.

AN UPWARD TREND

The overall number of deportees — with and without criminal records, combined — has increased almost every year since 2001, reaching a record 387,790 last year.

The total during the 2009 fiscal year — which covers the first eight months of Obama’s presidency — was 5 percent higher than the total for 2008, which fell entirely under President Bush. The 2010 total is poised to approach last year’s.

Reasons for the increase have been debated. Some say Obama is trying to soften conservative opposition to immigration reform by showing a tough hand enforcing existing laws. Others cite improvements in technology, pre-dating his presidency, that allow state and local law-enforcement to more easily learn a person’s immigration status.

Still others, in New Jersey, cite a 3-year-old directive by the state Attorney General instructing police to contact ICE when they have reason to believe defendants for felonies or DWI are here illegally.

That directive apparently was behind the deportation order for Nelvin Alvarez, a painter, who earlier this month was told by an immigration judge in Newark to return to his native Honduras after a DWI conviction, according to his lawyer Niwal Adood.

"His (Alvarez’s) whole problem got triggered when he was stopped and detained for DWI," Adood said.

Alvarez, who has been in the United States for nearly a decade, is a painter with a wife and two children. Awood said his client built a productive life for himself, supported his family, and has been an asset to the country. He pleaded guilty to a charge of possession of marijuana stemming from the DWI stop. His lawyer said the truck he was driving was a work truck and the marijuana was not his.

After Immigration Judge Margaret Reichenberg ordered him to leave the country, Alvarez expressed gratitude.

"This country has only given me good things," he said. "And I have always admired this country."


http://www.nj.com/news/index.ssf/2010/09/deportation_of_illegal_immigra.html
Link Posted: 9/6/2010 2:44:10 PM EDT
In the name of fairness and to end the disparity; send them all packing.

The fact that they may own a home or pay taxes doesn't give them license to remain here illegally.
Link Posted: 9/6/2010 3:04:48 PM EDT
Here's a hint-if you want to build a new life in the US, we welcome you with open arms, BUT only if you do so legally. Otherwise, sorry, GTFO. You maybe should have focused on the important things, like BECOMING A FUCKING CITIZEN or at least permanent alien prior to dropping 200k on a house. Because if you aren't legal, you're gonna end up deported and your house seized and auctioned.

I love these articles-other than his DUI and the fact that he's here illegally, using a stolen identity, he's done nothing wrong! How dare you deport him?! It's only his 2nd DUI-he hasn't even killed...well, OK, he messed up that family of 5 pretty bad with his first DUI, but he hasn't done anything really *wrong*.

And fuck the bank that authorized the loan. They should be on the hook as well.
Link Posted: 9/6/2010 3:19:26 PM EDT
So he ignored becomming a citizen , didnt pay fucking taxes and now wants to complain about it. He is a criminal weather he had a record or not.
Link Posted: 9/6/2010 3:26:05 PM EDT
"Escamilla, who has no criminal record, was stopped driving with a suspended license. "


Que?

Why was his license suspecded? DUI most likely which would mean....criminal record. Do editors even proof read anymore?
Link Posted: 9/6/2010 3:27:56 PM EDT
If he's here illegally, that should end his clean record, shouldn't it?
Link Posted: 9/6/2010 3:32:50 PM EDT
Originally Posted By AR15fan:
"Escamilla, who has no criminal record, was stopped driving with a suspended license. "


Que?

Why was his license suspecded? DUI most likely which would mean....criminal record. Do editors even proof read anymore?


DUI isn't criminal in NJ.. just as an FYI. It is considered a "Motor Vehicle Offense".
Link Posted: 9/6/2010 3:36:08 PM EDT
What?
New Jersey is doing something right for once?
Link Posted: 9/6/2010 3:40:48 PM EDT
Herpa Derpa

An "illegal immigrant" HAS a criminal record.

Link Posted: 9/6/2010 3:46:32 PM EDT
Deport the 32 million illegal aliens and see what the unemployment rate becomes
Link Posted: 9/6/2010 3:47:51 PM EDT
Link Posted: 9/6/2010 4:03:06 PM EDT
It's not all black and white....I'm having issues with my current wife who is from Hungary.

She came here on a work visa from Citibank but was laid off and the work visa was revoked.

I married her and despite that and converting from her expired work visa to a spouse visa she had to leave the country.

exploring if ICE doesn't approve her Visa of immigrating to Hungary being I am half Hungarian myself on my father sides. While I am not fluent with the language I can get around.

Because of her I will stay and leave this country if ICE and this whole bullshit immigration thing is not figured out yet.

Even if you do everything right and legal...you still get screwed....so why bother......sometimes.

Maybe my case was the fucken lawyer...maybe it was bad luck but I TOTALLY fucken understand now why the process just stinks sometimes.


Link Posted: 9/6/2010 4:12:44 PM EDT
Originally Posted By PRDUBI:
It's not all black and white....I'm having issues with my current wife who is from Hungary.

She came here on a work visa from Citibank but was laid off and the work visa was revoked.

I married her and despite that and converting from her expired work visa to a spouse visa she had to leave the country.

exploring if ICE doesn't approve her Visa of immigrating to Hungary being I am half Hungarian myself on my father sides. While I am not fluent with the language I can get around.

Because of her I will stay and leave this country if ICE and this whole bullshit immigration thing is not figured out yet.

Even if you do everything right and legal...you still get screwed....so why bother......sometimes.

Maybe my case was the fucken lawyer...maybe it was bad luck but I TOTALLY fucken understand now why the process just stinks sometimes.




The immigration procedures for most countries are convoluted, expensive, backward, and utterly without compassion. Ours is tame.
Link Posted: 9/6/2010 4:14:55 PM EDT
Originally Posted By PRDUBI:
It's not all black and white....I'm having issues with my current wife who is from Hungary.

She came here on a work visa from Citibank but was laid off and the work visa was revoked.

I married her and despite that and converting from her expired work visa to a spouse visa she had to leave the country.

exploring if ICE doesn't approve her Visa of immigrating to Hungary being I am half Hungarian myself on my father sides. While I am not fluent with the language I can get around.

Because of her I will stay and leave this country if ICE and this whole bullshit immigration thing is not figured out yet.

Even if you do everything right and legal...you still get screwed....so why bother......sometimes.

Maybe my case was the fucken lawyer...maybe it was bad luck but I TOTALLY fucken understand now why the process just stinks sometimes.




You married her knowing she was on a work VISA from another country. Did she ever apply for citizenship while employed here?? Immigration isn't bullshit. You follow the rules or GTFO.
Link Posted: 9/6/2010 4:22:31 PM EDT
It wasn't her fault that Citibank revoked her and thousands of others Visa. Sponsorship of her visa was dependent on the employer. She wanted to stay and being a US born citizen, even the lawyer thought she could stay while her visa is converted. Apparently not.


it's okay....working on it and maybe someday we'll come back.


Link Posted: 9/6/2010 4:24:41 PM EDT
Originally Posted By ServiceGun:
What?
New Jersey is doing something right for once?


Amazing isn`t it?

Link Posted: 9/6/2010 4:29:51 PM EDT
Originally Posted By ServiceGun:
What?
New Jersey is doing something right for once?


As a resident I am stunned.
Link Posted: 9/6/2010 4:32:20 PM EDT

Originally Posted By PRDUBI:
It's not all black and white....I'm having issues with my current wife who is from Hungary.

She came here on a work visa from Citibank but was laid off and the work visa was revoked.

I married her and despite that and converting from her expired work visa to a spouse visa she had to leave the country.

exploring if ICE doesn't approve her Visa of immigrating to Hungary being I am half Hungarian myself on my father sides. While I am not fluent with the language I can get around.

Because of her I will stay and leave this country if ICE and this whole bullshit immigration thing is not figured out yet.

Even if you do everything right and legal...you still get screwed....so why bother......sometimes.

Maybe my case was the fucken lawyer...maybe it was bad luck but I TOTALLY fucken understand now why the process just stinks sometimes.



I hear you. My wife was days away from being deported until we got it straightened out.
Link Posted: 9/6/2010 4:32:47 PM EDT
Originally Posted By PRDUBI:
It wasn't her fault that Citibank revoked her and thousands of others Visa. Sponsorship of her visa was dependent on the employer. She wanted to stay and being a US born citizen, even the lawyer thought she could stay while her visa is converted. Apparently not.


it's okay....working on it and maybe someday we'll come back.



Did she stay in the US after the visa was revoked? If so DHS considers her an overstay, thus making the process more difficult.
Link Posted: 9/6/2010 4:34:23 PM EDT
Originally Posted By VooDoo3dfx:
Originally Posted By AR15fan:
"Escamilla, who has no criminal record, was stopped driving with a suspended license. "


Que?

Why was his license suspecded? DUI most likely which would mean....criminal record. Do editors even proof read anymore?


DUI isn't criminal in NJ.. just as an FYI. It is considered a "Motor Vehicle Offense".


What about for multiple offenses ?

Is the second offense a misdemeanor at least ?
Link Posted: 9/6/2010 4:41:15 PM EDT
DHS said she could stay on conditional.....I married her and started the spousal visa...but was told that the spousal visa only works overseas not here in the states.


Link Posted: 9/6/2010 4:58:08 PM EDT
GTFO and Stay TFO.

Leaving this thread before I get a time out for a COC Violation.
-SleeperShooter
Link Posted: 9/6/2010 5:05:30 PM EDT
So is Arizona still racists or no?????

Need some big shitty stinkers to help sort this out I guess.
Link Posted: 9/6/2010 5:08:15 PM EDT
Originally Posted By glock21guy:
Originally Posted By VooDoo3dfx:
Originally Posted By AR15fan:
"Escamilla, who has no criminal record, was stopped driving with a suspended license. "


Que?

Why was his license suspecded? DUI most likely which would mean....criminal record. Do editors even proof read anymore?


DUI isn't criminal in NJ.. just as an FYI. It is considered a "Motor Vehicle Offense".


What about for multiple offenses ?

Is the second offense a misdemeanor at least ?


We don't have "misdemeanors" in NJ.

http://www.state.nj.us/mvc/Violations/dui.htm

You can see the different degrees of offenses.

http://www.newjerseydwilawyerblog.com/2010/07/appellate-court-dwi-not-a-crim.html

Link Posted: 9/6/2010 5:15:15 PM EDT
Originally Posted By VooDoo3dfx:


"What’s the benefit to the public of deporting thousands of people who work hard, pay taxes and never get in trouble?" said Joyce Phipps, the attorney for Escamilla. "These are people who came here for a better life, to raise families."

quote]

http://www.nj.com/news/index.ssf/2010/09/deportation_of_illegal_immigra.html







How the fuck do you "pay taxes" If you aren't a US citizen?????????????????????????


just askin!


And NO! SALES TAX does NOT count!!!!!!!!!!!!!!!!!!
Link Posted: 9/6/2010 6:03:57 PM EDT
Originally Posted By MAC-DADDY:
Originally Posted By VooDoo3dfx:


"What’s the benefit to the public of deporting thousands of people who work hard, pay taxes and never get in trouble?" said Joyce Phipps, the attorney for Escamilla. "These are people who came here for a better life, to raise families."

quote]

http://www.nj.com/news/index.ssf/2010/09/deportation_of_illegal_immigra.html







How the fuck do you "pay taxes" If you aren't a US citizen?????????????????????????


just askin!


And NO! SALES TAX does NOT count!!!!!!!!!!!!!!!!!!


If he has a real job, deductions will be taken out for taxes.
Link Posted: 9/6/2010 6:06:20 PM EDT
Originally Posted By VooDoo3dfx:
Originally Posted By glock21guy:
Originally Posted By VooDoo3dfx:
Originally Posted By AR15fan:
"Escamilla, who has no criminal record, was stopped driving with a suspended license. "


Que?

Why was his license suspecded? DUI most likely which would mean....criminal record. Do editors even proof read anymore?


DUI isn't criminal in NJ.. just as an FYI. It is considered a "Motor Vehicle Offense".


What about for multiple offenses ?

Is the second offense a misdemeanor at least ?


We don't have "misdemeanors" in NJ.

http://www.state.nj.us/mvc/Violations/dui.htm

You can see the different degrees of offenses.

http://www.newjerseydwilawyerblog.com/2010/07/appellate-court-dwi-not-a-crim.html



So what are crimes called in NJ that are not felonies ? Or do they not call crimes felonies either ?

Link Posted: 9/6/2010 6:10:46 PM EDT
[Last Edit: 9/6/2010 6:15:27 PM EDT by VooDoo3dfx]
Originally Posted By glock21guy:
Originally Posted By VooDoo3dfx:
Originally Posted By glock21guy:
Originally Posted By VooDoo3dfx:
Originally Posted By AR15fan:
"Escamilla, who has no criminal record, was stopped driving with a suspended license. "


Que?

Why was his license suspecded? DUI most likely which would mean....criminal record. Do editors even proof read anymore?


DUI isn't criminal in NJ.. just as an FYI. It is considered a "Motor Vehicle Offense".


What about for multiple offenses ?

Is the second offense a misdemeanor at least ?


We don't have "misdemeanors" in NJ.

http://www.state.nj.us/mvc/Violations/dui.htm

You can see the different degrees of offenses.

http://www.newjerseydwilawyerblog.com/2010/07/appellate-court-dwi-not-a-crim.html



So what are crimes called in NJ that are not felonies ? Or do they not call crimes felonies either ?



We have 'Indictable crimes', (other states call them 'felonies', which is any crime which is 4th degree and higher.) Non-Indictable crimes are Disorderly Persons or Petty Disorderly Persons offenses. DP and PDP are handled at the municipal level, 4th degree and up are handled at the county level. Indictable crimes allow you a jury if requested, DP/PDP only allow you a judge.
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