Once again the outstanding Judicial Watch manages to get government to disclose what they’re doing supposedly on our behalf. In the wake of the death of a Catholic nun at the hands of an illegal alien with a chronic alcohol and driving problem, DHS Secretary Janet Napolitano promised us in Prince William County that she would find out how this criminal illegal alien had been set free by Immigration and Customs Enforcement, let us know the whole story, and ensure it wouldn’t ever happen again. Within weeks Napolitano backtracked from her promises and refused to disclose what ICE had done with this guy. In response Judicial Watch filed a lawsuit to compel disclosure of public records, and lo and behold we find out authorities had been playing catch-and-release with this guy for a long time and nobody seems to have bothered to do their job.
Judicial Watch, the public interest group that investigates and prosecutes government corruption, announced today that it has received a Department of Homeland Security report detailing the agency’s investigation of an illegal alien (Carlos Martinelly-Montano) who is charged with killing a Virginia nun in a drunk driving accident in August 2010. Homeland Security promised a federal court it would release the report earlier this year, but then later claimed the document was in “draft” form and therefore would not be released. Judicial Watch received the edited “final” report on March 3, 2011. Confusingly, the final reported is dated November 24, 2010.
The Homeland Security report details policies and actions of the Obama administration and local governments that allowed Montano, an illegal alien who committed a series of crimes to remain on the streets despite being subject to deportation. The following is adetailed chronology of events as described in the report, obtained by Judicial Watch through a Freedom of Information Act lawsuit filed on December 2, 2010 (Judicial Watch v. U.S. Department of Homeland Security (Case No. 10-2054)):
“On December 7, 2007, Montano was convicted for driving under the influence (DUI) in Prince William County, Virginia and was sentenced to serve 30 days of incarceration. The judge in Prince William County, however, suspended all 30 days of the jail sentence with the result that Montano was not jailed for his offense. Local authorities did not seek to determine Montano’s immigration status nor did they contact ICE (Immigration and Customs Enforcement).”
“Almost one year later, on October 4, 2008, Montano was booked into jail in Prince William County and charged with another misdemeanor DUI. At the time of this arrest, the local authorities determined that Montano was an illegal alien. Thus, ICE lodged an immigration detainer against him. As a result of the immigration detainer, immigration officers took him into custody. On October 7, 2008, Prince William County officials released him from custody.”
Rather than detaining Montano, “ICE agents determined that Montano was a candidate for the Alternatives to Detention (ATD) program,” which monitored his whereabouts using GPS technology. He was therefore released.
While awaiting his deportation hearing, “Montano was charged on March 5, 2009, in Fairfax County, Virginia, with misdemeanor failure to appear related to driving without a license. Local officials dismissed this charge against Montano on May 5, 2009. County officials did not contact ICE. On April 27, 2010, a Manassas Park police officer cited Montano for misdemeanor reckless driving. There is no record indicating that Montano was booked or fingerprinted or that Manassas Park officials contacted ICE. On June 1, 2010, Montano was convicted for reckless driving and fined $500. Again, ICE was not contacted following the citation or conviction.”
“On April 27, 2009, as a result of the October 2008 DUI arrest, the Circuit Court of Prince William County convicted Montano and sentenced him to serve 12 months and 3 days in jail. However, the judge in Prince William County suspended 11 months and 13 days of Montano’s sentence. As a result of the judge’s decision, Montano served less than two weeks in Prince William County for his second DUI conviction.”
“On May 7, 2009, after Montano served the portion of his sentence that had not been suspended, ICE took him into custody. Based on Montano’s compliance during his prior participation in the ATD program, ICE officers released Montano on the prior order of supervision (dating back to 2008) with the condition that he report to ICE on a regular basis.”
Decisions by the Executive Office for Immigration Review caused delays in the removal proceedings. Moreover, Montano’s immigration attorney successfully convinced an immigration judge to delay Montano’s removal hearing on two occasions. The court ultimately scheduled Montano’s hearing for August 19, 2010. However, on August 1, 2010, while under the influence of alcohol, Montano was charged with crashing his car into another vehicle, killing one nun and critically injuring two others.
With respect to the decision to release Montano, rather than detaining him, the report concludes: “In 2008, when the decision was made to release Montano, fewer beds were available in the Washington, D.C. metropolitan area.” The report also points to government policies that allowed immigration officials “broad discretion” about how to use detention resources. The Obama administration used this discretion to release Montano in 2009 after he served jail time for his 2008 drunken driving arrest.
In July 2010, the Obama administration announced it would not take legal action against “sanctuary cities” that prevent local law enforcement entities from freely communicating with federal immigration officials. In contrast, the Obama Justice Department also filed a lawsuit to stop the State of Arizona from enforcing SB 1070, a get-tough illegal immigration law that mandates that local law enforcement officers cooperate with federal immigration officials. The Obama administration ordered federal immigration agents to focus deportation efforts only on illegal aliens suspected of terrorist activity and those convicted of “violent” crimes.
“If this is the cleaned-up version of the Homeland Security report, I can’t imagine what bombshells were included in the original version. Even in its edited form, however, this report is an embarrassment to the Obama administration and a clear indictment of Obama’s lawless approach to illegal immigration. An innocent person lost her life because local police officers and immigration officials couldn’t be bothered to enforce and obey the law. This tragedy is a direct result of the Obama administration’s decision to undermine the enforcement of federal immigration laws,” stated Judicial Watch President Tom Fitton.
Well, isn’t that a shocker. The Bush Administration didn’t give a whit that this guy was running loose and let him go. The Obama Administration didn’t care that he was reoffending and let him go. The court system didn’t care that he was an illegal alien and not only let him go, but repeatedly suspended any punishment for repeatedly violating the law and posing a public safety hazard. Half the time Prince William County’s Section 287(g) Program did it’s job, but every other jurisdiction that dealt with this guy somehow failed to figure out each and every time that he was an illegal alien with a criminal record awaiting deportation when they nabbed him for driving without a license, failure to appear, driving drunk, and reckless driving. Finally, it took him killing a nun for authorities to take this guy seriously.
What the heck does it take for an illegal alien to actually be held to account for their unlawful actions? Does it take slaughtering nuns on their way to Church to get anyone to actually notice there’s a problem?
Each of these jurisdictions that freed Martinelly-Montano bears shared responsibility for the homicide that resulted from their abject failure to do their jobs. Should they fail to address the serious shortcoming displayed in this report, their culpability in future deaths or violent crimes can only be characterized as willful.
As for the federal government, it’s utter disdain for enforcing the law is well known and there’s little that can be done about that until 2012. For local governments, holding them accountable is much easier, and it is up to all of us to do so. We cannot stand idly by while the governments that are supposed to serve us willfully perpetuate the unlawful presence of criminal illegal aliens.
November is coming…
The opinions expressed here are solely the views of the author, and not representative of the position of any organization, political party, doughnut shop, knitting guild, or waste recycling facility, but may be correctly attributed to the Vast Right-Wing Conspiracy. If anything in the above article has offended you, please click here to receive an immediate apology.
Leave a Reply