Border and Enforcement News
Mohammed
Abouhalima, a native Egyptian, was deported to Cairo after spending eight years
in US jail for his part in the World Trade Center Bombing.
Abouhalima was sentenced in 1998 after being convicted of driving his
brother, Mahmud, to the airport, knowing of his participation in the bombing.
More than six people were killed and 1,000 injured in the bombing and
more than $500 million in damage resulted.
An Immigration and Customs Enforcement agent reported that Abouhalima was
escorted by ICE agents on a flight from New York to Cairo on October 26th.
*****
The
Tollin Group, a Texas employment agency that does its business as Remedy
Intelligent Staffing, was sentenced to five years of probation, fined $20,000,
and ordered to pay $414,000 in civil penalties for hiring undocumented
immigrants to work at Wornick Co., a military battlefield rations producer.
The Tollin Group plead guilty in January to hiring undocumented
immigrants and falsifying documents to conceal it.
An investigation began in 2003, when an al-Qaida operative was discovered
with documents that implicated the Wornick Co. as a possible terrorist target.
The investigation uncovered hundreds of employees with false employment
documents. No terrorist link was found.
*****
The
San Francisco Chronicle reports that five Chinese citizens are being held in
the South Bay on charges of smuggling women for a prostitute ring.
The enterprise allegedly shuffled Taiwanese, Chinese, and Korean women
between ten massage parlors that served as brothels. These massage parlors were
called “10-day homes”, due to the fact that the women moved parlors every 10
days to avoid detection. After a raid on October 26th, 31 of these
women were taken into safe houses. Authorities are trying to determine if they
came to the United States willingly or if they were forced, and thus are victims
of trafficking. Victims of human
trafficking are given three year visas as well as housing and job assistance in
exchange for testifying against their smugglers.
Those who admit to willingly coming to the US to work as prostitutes are
deported. The five defendants
charged with involvement in the prostitution ring face a possibility of ten
years in prison and up to a $250,000 fine, as well as possible money laundering
charges.
*****
Investigations
are ensuing after an accidental shooting of a prisoner by a Border Patrol Agent
that occurred on October 26th, five miles north of the Mexican
border. Statements from the border
patrol agents and evidence indicate that agents began chasing several suspected
undocumented immigrants on foot. One
officer drew his service pistol, which accidentally went off and shot one of the
suspects. The man received a minor injury to the face, was treated, and released
to Border Patrol.
*****
Two
men were arrested on October 26th in Pennsylvania after being stopped
by state police on Interstate 80. According
to state police, both men were unable to provide evidence of their right to be
in the US, and it was later determined by the US Customs and Immigration
Enforcement that they were in the country illegally.
They are being held in the Centre County jail until immigration officials
take them into custody.
*****
The
Department of Homeland Security may place a long-promised technology initiative
into a larger border security initiative. America’s
Shield Initiative (ASI), a border surveillance program, was originally set to be
a $2.5 billion project including extensive technology and surveillance.
Some industry representatives are now saying that ASI may become part of
a larger border program. The
Homeland Security Appropriations bill of 2006 provides $31 for the program,
which is $20 million less than was requested.
There is talk that ASI will be submitted as part of an initiative known
as the Secure Border Initiative. The
current surveillance system for the U.S. border has been criticized for aging
equipment and inadequate coverage.
*****
San
Diego County’s Camp Pendleton will be the next military base there to be
checked for illegal immigrants working there. The
North County Times reported on October 25 that the review will take U.S.
Immigration and Customs Enforcement (ICE) four to six months to complete, and
that ICE will work with Camp Pendleton’s Naval Criminal Investigative Service
and contractors on the investigation. The review of Camp Pendleton’s employees
is being conducted in accordance with ICE’s goals to diminish illegal
immigration, terrorism, identity and benefits fraud, and other border-related
issues. Work-site enforcement is among the top priorities for ICE in this area,
and they have already checked several other military bases work-sites for
employees working illegally. More than 300 people have already been arrested
because of fraudulent documents, and 18 foreign nationals containing security
badges were arrested in April for working for a contractor at a ship-building
area. Fines for hiring illegal workers cap at around $11,000, which serves as a
deterrent for most employers. Any arrests of illegal workers require
prosecution, but last year’s new guidelines cut back the number of
prosecutions because of a lack of resources. Congress added 2,000 beds this year
to detainment centers across the country in an attempt to improve the “catch
and release” program’s flaws, which allow illegal immigrants to be released
into the U.S. without the proper papers. ICE officials stated that the
detainment process in this area is being expedited in an effort to save bed
space at the centers.
*****
Frank
Figueroa, the head of Immigration and Customs Enforcement (ICE) in Central
Florida, was arrested last week for exposing himself to a 16-year-old girl in a
mall, according to police. The Orlando
Sentinel reports that Mr. Figueroa began touching himself after catching the
teen’s eye in the Millenia Mall, and the teen, who was not identified by
police since she is considered the victim of a sex crime, stated that he exposed
himself and masturbated for about 10 minutes before she left and summoned
security. A security tape showed that Figueroa switched tables after she left
and found a new seat facing other customers. He was charged with exposure of
sexual organs and disorderly conduct in a public food establishment and booked
into the Orange County Jail. Figueroa was released on bond, and ICE suspended
him when it learned of his arrest. ICE spokeswoman Pam McCullough stated that
the agency “takes any allegation of wrongdoing by its employees seriously and
thoroughly investigates such allegations. ICE has placed Mr. Figueroa on
administrative leave and launched an internal investigation into this matter.”
The arrest has placed strain on the Orlando police and ICE, as both agencies
work together to monitor immigrants at Orlando International Airport. Figueroa
was posted to ICE’s Central Florida office six weeks ago, and last week his
agents busted a prostitution ring. In a statement to U.S. Attorney Paul Perez,
he promised to pursue all sex crimes vigorously.
*****
The
San Diego Union Tribune reported
last week that a Calexico woman, Socorro Kathy Escalante, was sentenced to 15
months in federal prison for defrauding immigrants seeking to enter or remain in
the U.S. and ordered to repay her victims $458,600. Escalante had worked with a
Border Patrol inspector, Jesus “Jesse” Alvarado, Jr., to allow a Mexican
woman to enter the United States without the proper documentation. Alvarado
resigned as part of a plea bargain, and Escalante was sentenced to 30 days in
prison. This case is the first case of immigration-fraud to be prosecuted in San
Diego federal court.
Immigration
fraud occurs when con artists pose as consultants or lawyers and promise
immigrants help with federal officials, usually people they claim to have
contact with who can help them obtain citizenship or green cards. These con
artists charge thousands of dollars, often for nothing, and when authorities are
presented with the false documents provided to the immigrants, they learn of the
fraud and the immigrants face deportation. In some cases of fraud, the
immigrants in question have a good chance of staying in the United States, but
the fraud prevents them from staying. Escalante pleaded guilty to conspiracy,
tax charges and falsely using a government seal. Authorities hope to repay at
least some of the money to Escalante’s victims, and during a search of her
home and office they seized more than $78,000. Her company, Escalante Services,
advertised widely in Mexicali and other Baja California cities, and was a center
of fraudulent activities between 2000 and 2003.
*****
In
a recent Immigration and Customs Enforcement (ICE) agency news release, ICE
announced that it would be collaborating with Defense Department officials to
find and detain dozens of illegal aliens in the past two weeks who were working
on construction sites on military bases in Louisiana, New Mexico, and
California. Among those bases searched are the U.S. Naval Air Station Joint
Reserve Base-New Orleans in Belle Chasse, the White Sands Missile Range in Las
Cruces, the U.S. Army’s Fort Irwin Training Center in San Bernardino, and the
U.S. Marine Corps Logistics Base in Barstow. These workers gained access to
sensitive military bases by using fraudulent documents, and ICE’s Acting
Assistant Secretary John P. Clark stated that they “pose serious homeland
security threats” and that “removing these individuals from sensitive
worksites is a priority for ICE.” ICE agents have screened more than 450
contractors and sub-contractors at the U.S. Naval Air Station Joint Reserve
Base-New Orleans in Belle Chasse, Louisiana, and detained six illegal workers
there. The facility also requested further assistance in investigating more
employees working for contractors there, and ICE agents arrested another 10
aliens attempting to enter the base. ICE is undergoing an investigation into the
hiring practices of companies performing contracting work at all of these
military sites. Several arrests have been made at all these facilities in the
past week. ICE has been targeting and removing illegal immigrants working at
sensitive sites around the nation, including defense facilities, nuclear plants,
chemical plants, airports, and seaports, so that the agency can better fulfill
their homeland security mission.
*****
Department
of Homeland Security Secretary Michael Chertoff announced a new plan to reduce
illegal immigration, know as Secure Border Initiative (SBI). The key elements of
this plan include improvements in staffing, detention and removal, technology
and infrastructure, and interior enforcement.
The DHS appropriations bill for this year provides increased funding for
Border Patrol Agents as well as Immigration and Customs Enforcement Agents.
DHS plans to improve and expedite the detention and removal process
through cooperation with foreign governments and updated detention facilities.
DHS also plans to update and expand technology throughout the border to
improve efforts to reduce illegal entry. This
initiative aims at strengthening interior enforcement by working with state
governments to ensure that employees are legally entitled to work.
SBI will establish dialogue with the governments of Mexico and Canada and
work with foreign governments to expedite deportation of foreign nationals.
SBI will also help enforce the proposed Temporary Worker Program.
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.