www.pittsburghlive.com/x/tribune-review/tribsouthwest/news/s_171326.htmlMix-up may have let suspects off
By Vince Guerrieri
TRIBUNE-REVIEW
Tuesday, December 23, 2003
A Washington County police officer's request to hold 13 men who could not show they were legally in the country ended up in the wrong hands, a spokesman for the federal immigration agency said Monday.
The men, apparently from Mexico, were released without charges on Sunday, the same day federal security officials raised the national terror alert level. The whereabouts of the men are unknown.
Bentleyville Police Lt. Mark Kavakich said he became suspicious of two men while investigating a hit-and-run accident at the Pilot truck stop near Interstate 70 at about 4:30 p.m. Sunday. While there, he came across a van carrying 13 men who had no documentation and didn't speak English. They weren't breaking any local laws, he said, and the immigration office he called in Pittsburgh saw no reason to detain them.
"We just had to wish them a Merry Christmas and send them on their way," Kavakich said, adding he was dumbfounded by the decision.
Garrison Courteney, a spokesman for Immigration and Customs Enforcement in Washington, D.C., said the Pittsburgh office formerly was a customs office that has not been equipped to issue detainers, which allow local police to hold suspected illegal aliens until federal officers can investigate.
Kavakich should have talked with the law enforcement service center in Vermont, Courteney said, adding the center has been in existence since before the federal Department of Homeland Security was formed but has been used for information and enforcement only for the past five months.
The Pittsburgh office had to make a judgment call about whether to refer the Bentleyville incident to the Vermont office and decided it wasn't necessary, Courteney said.
An aide to U.S. Sen. Rick Santorum, a Republican from Penn Hills, Allegheny County, said the senator's office received numerous complaints after news reports of the incident.
"It shouldn't have been handled the way it was handled," said Mike Hershey, Santorum's chief of staff.
Kavakich said he came across the van and its 13 occupants after two Hispanic men came around the corner of the truck stop while he was investigating the hit-and-run. He said the men weren't involved in the accident but got a "deer in the headlights" look and turned around when they saw his police cruiser.
A few minutes later, another Hispanic man peeked around the corner of the van. Kavakich said he approached the van and discovered its 13 occupants. Kavakich said he called a Spanish-speaking police officer from nearby Union Township and the men admitted they were illegal immigrants. The van's driver told conflicting stories, eventually saying each man had a destination in New Jersey, and then he was to take the van to New York City, Kavakich said.
The driver had only a Mexican driver's license, but the officer said he didn't issue a citation, figuring he'd never see the man again, Kavakich said.
Kavakich said that when he called the Pittsburgh office, he was told, "We're not interested in Mexicans."
The department is on the lookout for any illegal immigrants, Courteney said, a sentiment echoed by U.S. Attorney Mary Beth Buchanan.
"We're certainly interested in enforcing immigration laws against anyone who violates them," Buchanan said.
Kavakich remains convinced he did the right thing but was still angry about how it was handled.
"Obviously, the federal government feels these guys are legal illegal aliens," he said.