The year before I
retired as a District Court Judge, I did a weekly blog on some of the
experiences I had during more than a quarter century on the trial court bench.[1] The following was my post on September 9,
2013:
Some
of the saddest cases involve people who are in this country illegally. Many times they appear before me charged with
relatively minor offenses, but are then held until the Department of Homeland
Security decides whether or not to deport them.
One
defendant was brought before me on minor charges, but I was informed by the
prosecutor that they could not obtain the correct name and date of birth of the
defendant. I had him placed under oath
and asked him to tell me his correct name and date of birth. The interpreter had a hint of a smile when he
told me the defendant had given a date of birth of April 31, 1963. I had a slight smile as well when I told the
defendant he’d be held, without bail, until his identification could be
confirmed.
Many
of the folks in this situation, however, are here to earn money and send it
home to their families. They try to fly
under the radar, but a broken taillight, or cruising through a stop sign, or
driving after they’ve had too much alcohol to drink will bring them to the
attention of law enforcement and begin the journey back to their home – and the
conditions that forced them to leave in the first place.
Another
case I handled involved a person who had been in Minnesota, illegally, for over
17 years. He supported himself and his
family (wife, two children and a stepson) until his home was searched and a
trace amount of cocaine and one illegal pill were found. Normally, probation with some jail and
treatment would have been the sentence.
However, the immigration service deported him to Mexico, while his wife
and children remained in Minnesota. Had
I had complete discretion on how to handle the case, I think I could have come
up with a more compassionate – and more just – outcome to this sad situation.
My
great-great grandfather left Ireland in the 1840’s because of the potato
famine. Once he left County Cork, he
never saw his family there again. True,
my great-great grandparents came to this country legally – at least I think he
did. But the desperation that drove them
to leave Ireland must lead others to leave their home country today to try to
make a life in the United States.
A
state court judge does not deport people who are in our country illegally. We are required, however, to order that they
be held until Homeland Security makes its decision. While it’s a duty I am required to perform, it
is a sad one.
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