Often no choice but to deport: Court sends criminals back to native country

Second in a three-part series.

SALT LAKE CITY — Lisa Garcia and her four oldest of seven children filed into the courtroom sobbing, the younger ones left outside because the court wouldn't let more than six family members in.

Ruben Garcia, 50, sat handcuffed and shackled before Salt Lake immigration Judge Dustin Pead. He managed a weak smile and a wave with his free right hand. Everyone seemed to know and dread what was coming.

Pead recited Ruben Garcia's criminal history: aggravated assault and four DUIs in the past 12 years.

Defense attorney Bel-Ami De Montreux explained that his client spent two years in prison for the assault in 1998 and even had his green card renewed after his release. "He's been an exemplary citizen," he said.

Typically, a legal permanent resident like Ruben Garcia is promptly deported after serving a felony prison sentence. But somehow immigration officials missed his case. His status wasn't questioned until his fourth DUI arrest.

"His case may have fallen through the cracks," the judge said.

Even so, he said his hands were tied. Deportation was the only option.

"Can you give me a chance, one more chance?" Ruben Garcia pleaded.

"I don't see any way that you can stay in the United States," Pead said matter-of-factly, triggering more sobbing from the family.

Ruben Garcia asked to leave for Mexico as soon as possible.

"Can he ever come back?" a tearful daughter asked Pead from the back of the cramped courtroom.

"He can never come back," the judge replied.

Similar scenes play out weekly in Salt Lake immigration court. As gut-wrenching as they are for the families, U.S. Immigration and Customs Enforcement officials say they wouldn't be in that position if their loved ones hadn't entered the country illegally and committed crimes.

"It's hard to sit here and justify illegal activity. I understand people are in tough situations. They've place themselves in that predicament," said Steve Branch, ICE Salt Lake field office director.