From Deseret News archives:

The role of the law: Enforcing immigration laws not so easy

Published: Thursday, Oct. 13, 2005 5:58 p.m. MDT
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Garcia, who has lived in the United States since walking across the California border in 1981, fell into the system after being arrested in Illinois. Though never charged with a crime, he came to the attention of immigration authorities because he didn't have documentation.

An immigration court placed a "voluntary removal" on his record, meaning he had to leave the country on his own. An attorney he paid $500 told him not to go and that she would take care of everything. She didn't.

Upon discovering Garcia hadn't left but moved to Utah, the immigration court imposed a final deportation order in absentia. Under U.S. immigration law, Garcia had his day in court and was not entitled to another hearing before an immigration judge.

His sister-in-law, a U.S. citizen, recently filed an application sponsoring him for a green card, but it has not been accepted.

"I try to stay here legally," Garcia said while waiting to be fingerprinted and photographed at the ICE processing center in Murray. "Too much laws."

U.S. immigration agencies came under fire after 9/11. Politicians and citizens complained they were too lax.

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Congress lengthened the list of deportable offenses it considers aggravated felonies or crimes of "moral turpitude." It applies to noncitizens whether they are in the country illegally or have green cards. Lawmakers also mandated ICE track down those who have final removal orders.

ICE agents say they find themselves between a rock and a hard place. They're damned if they run a seemingly hard-working, peaceful person like Garcia out of the country and they're damned if they don't pursue someone who turns out to be a terrorist.

"We get beat up either way," ICE agent Todd Nay said. "Once you accept that, you can do your job. You develop some thick skin."

Agents simply follow the laws of the land, Branch says, adding to do otherwise would be a mockery.

Some say the pendulum has now swung too far the other way, especially when families are involved.

"The government doesn't separate families," said Kice, the ICE spokeswoman. "Families make choices that put their family unity in jeopardy."

Thursday is not a good day for an undocumented Mexican national to be arrested in Salt Lake City, especially one who has no standing before a judge. That is the day ICE takes a busload of "illegal aliens" to the airport for a one-way trip to Mexico.

If Garcia had been arrested before Thursday and gone to the county jail, it would have given him time to contact an attorney.

"I'm so sad because I got separated from my family," he said. "They (immigration agents) cut away my heart."

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Miguel Garcia is handcuffed along with other illegal immigrants before being deported to Mexico. Arrested about 7:30 a.m., Garcia was in the air about 1 p.m.

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