by Andrew Gaug
St. Joe's News
Sunday, October 4, 2009
A growing Hispanic population in Buchanan County means a lot for the city, including more tax money, diversity and a bigger work force.
But not every person who comes from foreign territory is documented.
According to the St. Joseph Police Department, 32 undocumented workers were arrested in St. Joseph in the past year. Going on 2008 census data, that accounts for about 1 percent of St. Joseph’s estimated 2,980 members of the Hispanic community.
Capt. Kevin Castle of the Police Department said undocumented workers usually aren’t picked up on just their status, as police are instructed not to arrest them unless they’ve committed a crime.
“In our training, we’re told not to do it,” he said. “It serves no purpose.”
Mr. Castle noted that although the worker may have been arrested and placed on a detainer, or immigration hold, that doesn’t mean he or she will be deported.
Even further, Matthew Hoppock, an attorney at the McCrummen Immigration Law Group in Kansas City, said those who are arrested for being undocumented workers often deal with being labeled as people who crossed the border illegally.
“I think that’s almost painting with too broad of a brush. There’s a whole range of other people that get involved,” he said. “A good portion of what we see is a person that came on a visa that expired.”
Gail Montenegro, public information officer for the U.S. Immigration and Customs Enforcement Service in Chicago, which covers a six-state area including Missouri, said the person is picked up by her agency after the arrest.
“When they are placed on detainer, we get the notification from the local authorities when it’s time to release them from local custody. ICE should be contacted so the person can be turned over to ensure they’re not released out on the streets.”
ICE prioritizes its involvement in a case based on the person’s history, such as convictions of violence and previous deportations. The same types of criteria come into play in immigration court, when the judge decides whether the person will be deported or will stay.
“They could be removable because they came on a visa and it has expired, they have no visa, or because of some type of crime they have committed that has caused their visa to expire,” Mr. Hoppock said.
Another factor taken into consideration is the toll on the worker’s family. Mr. Hoppock said if the client is deported, it doesn’t mean others with him suffer the same fate.
While it may anger some people, there are several types of relief an undocumented worker can apply for. This includes asylum, where the persons fear being prosecuted by their homeland on their return, or proving that their family within the U.S. will go through extreme hardships without their presence.
Acceptance of both types of relief vary on a case-by-case basis.
“It all depends on the judge,” Mr. Hoppock said. “We have a judge in Chicago who will take cases in Kansas City on TV screen. He grants 30 percent of asylum cases in Chicago, but in Kansas City, it’s only about 17 percent.”
Though Police Department figures in the past year show a low number of undocumented workers being caught, that doesn’t mean everyone in the city is a legitimate citizen. Besides the police only arresting undocumented workers who commit crimes, some businesses don’t go to great lengths to identify undocumented workers.
“It’s not that hard for (businesses) to figure it out,” Mr. Castle said. “Some employers just don’t take that effort.”
An easy target in St. Joseph when it comes to undocumented workers is Triumph Foods, which opened in 2006. That is simply not the case, said Patt Lilly, chief administrative officer for Triumph.
The business uses a three-tiered verification system for applicants, including eVerify, which checks the person’s identity, and two systems that check the person’s Social Security number and where their card was issued.
“There is no benefit for us hiring undocumented workers. We pay good salaries and give good benefits,” he said.
Ms. Montenegro said people who believe they may know someone who is living in the country illegally can call ICE’s tip hot line at (866) 347-2423. She said all calls are taken into consideration by ICE and prioritized by the information given.
“The more specific, the better,” she said.
http://www.stjoenews.net/news/2009/oct/04/illegal-workers-face-variety-fates/#
