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Jail for illegals facing drunken driving charges
Posted by: Hola! ()
Date: September 13, 2010 06:09PM

http://www.wtop.com/?nid=858&sid=2051253


Jail for illegals facing drunken driving charges
September 13, 2010

Denise Mosier (AP)
At the time of the head-on collision, Sister Mosier, 66, was asleep in the back seat. The nuns were six miles from the Benedictine Monastery in Bristow, where they were to attend an annual retreat. (AP)
Neal Augenstein, wtop.com

WASHINGTON - Immigration officials now plan to incarcerate illegal aliens when they're arrested for drunken driving, WTOP has learned.

"The message has gone out to the field offices: Take them into custody, and don't let them out on bond," a high-ranking source within U.S. Immigration and Customs Enforcement tells WTOP.

The new, tougher policy comes after the death of a Catholic nun, allegedly at the hands of an illegal immigrant with previous drunken driving arrests in Prince William County. Carlos A. Martinelly Montano, an illegal immigrant from Bolivia, was involved in the Aug. 1 crash that killed Jeanette M. Mosier and seriously injured two other nuns in Bristow. Mosier was know in her Benedictine Order as Sister Denise Mosier.

After a 2008 drunken driving arrest, Montano, 23, had been detained by ICE but was released on his own recognizance, pending a deportation hearing. Mosier's death sparked outrage that Montano had not been in custody.

Earlier, ICE said Montano's previous alcohol-related arrests did not meet guidelines for detaining him.

"So even after a first DWI we have the authority to take him into custody. People in custody tend to go through the deportation process much faster," the ICE source said.

Prior to this change, under the Obama administration, ICE had focused on removing violent criminals from the country. Some, including Prince William County Commonwealth's Attorney Paul Ebert, had argued repeat drunken driving should be grounds for removal.

Ebert says detaining them at the time of their arrest would not be a legal issue.

"They still have rights under our judicial system, but on the other hand, if they commit a crime and are here illegally, they don't have any right to be released."

Last week, a Prince William grand jury indicted Montano for felony murder, driving with a revoked license and maiming resulting from drunken driving -- the first time Ebert has prosecuted felony murder based on DUI.

"The feeling is 'this should never happen again,'" says the ICE official. "The decision has been made to treat them like they would violent criminals."

Asked by WTOP to confirm details of the policy change, ICE spokesman Brian P. Hale issued a statement:

"ICE's highest priorities are apprehending and removing convicted criminal aliens, aliens who pose a danger to the community, and fugitive aliens. Aliens who are criminals, public safety threats, and fugitives are a main focus for the agency. That includes aliens convicted of DUI, particularly those already ordered to leave the country."

Even with the new policy, scarce space in ICE detention centers may mean not all impaired drivers will be taken into custody immediately.

"If you have a gang member and a first-time DUI and only one bed, you're going to keep the gang member in custody," the ICE source tells WTOP.

Prince William County Board of Supervisors Chairman Corey Stewart, who has been a sharp critic of ICE, says he's "excited" by the decision.

"This is just the beginning. We have other dangerous criminals that ICE will continue to release until their deportations and that policy has got to change as well."

Stewart has written to ICE requesting a list of all illegal immigrants in his county who have been released while awaiting deportation hearings. He says he has not heard from the federal government on his request.

WTOP's Hank Silverberg contributed to this report.

(Copyright 2010 by WTOP. All Rights Reserved.)

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Re: Jail for illegals facing drunken driving charges
Posted by: lock em all up ()
Date: September 13, 2010 06:17PM

good. Too bad it takes a tragedy before the government does a thing about it. They better start building bigger jails or give them the option to skip the trial and go strait back to their 3rd world country where they came from thats if they did not harm anyone

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Re: Jail for illegals facing drunken driving charges
Posted by: ProVallone ()
Date: September 14, 2010 01:48PM

Shouldn't they be in jail anyway for being illegal ?

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Re: Jail for illegals facing drunken driving charges
Posted by: justsayin ()
Date: September 14, 2010 02:39PM

+1, why not incarcerate them for any arrest at all?

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Re: Jail for illegals facing drunken driving charges
Posted by: Troll@AOL ()
Date: September 14, 2010 04:26PM

+2 for 'justsayin', why didn't we think of that?

I mean they ALL are ILLEGAL.

.

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