Deportation not so simple-Usually only serious

During sentencing for Faustino Castillo last week, it was announced he would face a deportation hearing after he serves his time in Warren County for running a stop sign and killing a motorcycle rider.

Such deportation hearings, however, are a relative rarity, even with a long list of Hispanic names on just about every local court docket. While some of those offenders are legal residents, many are also in this country illegally.

The sticking point comes due to lack of manpower and funding. There aren’t enough resources available to start deportation proceedings on every illegal immigrant found guilty of a traffic violation, according to Sheriff Jackie Matheny.

‘We can’t deport every illegal Hispanic who comes in here for public drunk,’ said Matheny, who indicated the decision to start deportation proceedings is made at the federal level. ‘To deport them just for the sake of being illegal is not enough. They usually won’t deport them unless it’s a felony, or they’ve been a tremendous amount of trouble.’

While saying the sheriff’s department does not keep records of the number of inmates who face deportation, Matheny estimated it was about five people last year.

In Davidson County, the sheriff’s department has one of the Fugitive Operations Teams strategically deployed around the country to locate and apprehend fugitives who will ultimately be removed from the United States.

Davidson County sheriff’s officials say some 3,000 illegal immigrants have been processed in the past year for deportation as part of this federal program.

The Davidson County Sheriff’s Department even has its own Immigration and Customs Enforcement (ICE) director in longtime officer Tom Davis. There are 41 counties in Nashville’s jurisdiction, including Warren County.

Davis said deportation proceedings are much like other court cases. Once an offender has fulfilled his state or federal sentence, he or she is turned over to ICE custody. They then go before an immigration judge in Memphis or Oakdale, La. Davidson County Sheriff Daron Hall is trying to get an immigration judge in Nashville’s federal court.

‘It’s just like being arrested,’ said Davis. ‘You have your day in court.’

Davis indicated expenses can accumulate in a hurry. There’s transportation, processing, housing, and a trial. If deportation is ordered, there is airfare, usually to Guatemala.

‘The federal government would love to pick up every illegal who is in this country committing a crime,’ said Davis. ‘There’s just not the manpower. I think John Q. Public is more satisfied concentrating on the rapists and violent offenders than public intoxication.’

Davis said the government has recently started a new program called the Criminal Alien Program (CAP) that focuses on identifying people who are incarcerated and in this country illegally. A number of illegal immigrants have realistic-looking documents that make it difficult to determine their legal status.

While CAP may increase the number of people who face deportation, Davis said there is still a limit as to how much can be done.

‘There are 41 counties in this jurisdiction,’ said Davis. ‘Think if we picked up just one person from each county a day. That’s a lot of travel and a lot of people to pick up.’

‘To deport them just for the sake of being illegal is not enough. They usually won’t deport them unless it’s a felony, or they’ve been a tremendous amount of trouble.’

‘ SHERIFF JACKIE MATHENY