Deadly passage: Lack of manpower, funding limit immigration
Topeka Capital-Journal, The, Oct 22, 2006
WICHITA – Dawn faintly touched the horizon as Fernando Tello Del Pilar guided a green Ford pickup truck along US-56 highway in far southwest Kansas.
Pilar was wheelman for an outfit hauling fragile freight – eight illegal immigrants, including himself, from Mexico in the cab and 11 more in the back under a camper shell. It was the sixth day of a covert trek from Phoenix to destinations in the Southeast that included Atlanta and Myrtle Beach, S.C. Passengers crammed into the vehicle were struggling to sleep as Pilar pointed the pickup east at 6:40 a.m. on Feb. 21.
Without warning, they were all launched into a squall of steel, bodies and debris.
Bedlam was triggered when the F-150′s left rear tire snapped off. The brake drum slammed to the road surface, grinding a flat section before breaking free. The truck heaved right and began tumbling end over end in a grassy ditch.
When the vehicle came to rest on its top 500 feet down the highway, three men lay motionless. Tossed like rag dolls to their deaths were brothers Pedro and Fernando Montalvo-Ramirez and Juan Manuel Perez-Rosales.
The 16 survivors, ranging in age from 3 to 60, also were ejected from the vehicle. Each was driven or flown to hospitals for treatment. Once healed, all but one was deported. The exception was Pilar. He went to jail.
Their pilgrimage to the United States in search of a better life was over.
“This was a worst-case scenario that points to the inherent dangers of this form of human smuggling,” said Eric Melgren, U.S. attorney for Kansas. “In case after case, we see smugglers driven by a desire for profit, charging undocumented aliens for transportation in unsafe conditions.”
The reaction
This bad fortune on US-56 highway illustrates a prominent feature of immigration law enforcement in Kansas.
Interviews with city, county, state and federal officials indicate that a policy of reaction, rather than proaction, guides this Heartland state’s approach to impeding the flow of illegal aliens.
Major highways that slash through Kansas – Interstates 70 and 35 – along with lesser-known state roads are important routes for human traffickers. Law enforcement officers say untold thousands of illegal immigrants are smuggled into or through Kansas each year along these routes. Some aliens stay, adding to the state’s total of illegal residents. Most, however, are headed for jobs and family elsewhere.
There are occasional law enforcement roadside checkpoints along these Kansas corridors, but there are too few officers, too few jail cells and too few dollars to justify aggressive programs to root out people in the state illegally. In areas of Kansas where undocumented labor is the backbone of the economy, local authorities operate under what amounts to a “don’t ask, don’t tell” policy toward their guest labor pool.
When an undocumented immigrant runs afoul of state or local police in Kansas, there is no guarantee U.S. Immigration and Customs Enforcement, or ICE, will take custody of the offender for deportation. In 2005, Kansas law enforcement officers made 2,429 inquiries about possible immigration violations to the ICE support center in Vermont. In 97 cases, ICE agents told local authorities to put a hold on a person for deportation.
“I worked raids in the ’60s and ’70s,” said Shawnee County Sheriff Dick Barta. “We’d call immigration (U.S. Immigration and Naturalization Service, forerunner of ICE). They would come in a short amount of time. Nowadays, that’s just not the case. They’ll be the first to tell you, unless those detained are wanted, they don’t have time to spend with them.”
Renamed and expanded following the Sept. 11 terrorist attacks in 2001, ICE lacks muscle in Kansas to deal with the high volume of illegals ripe for deportation. In Kansas, ICE and the U.S. attorney’s office concentrate on undocumented immigrants who can be charged with a felony, such as drug smuggling, or those subject to felony arrest for entering the United States after being previously deported.
Pilar fell into the felon category after the deadly wreck in Morton County.
“We’re reactive,” said Brent Anderson, an assistant U.S. attorney in Wichita. “Basically, that’s what’s going on out there. We don’t have any big program designed to go out and find cases.”
But Anderson isn’t sitting on his hands. The federal prosecutor’s docket is swamped this year with about 200 criminal cases involving illegal immigrants – five times the caseload of five years ago.
Feds in charge
ICE was created in 2003 from the old INS and is now the largest investigative arm of the U.S. Department of Homeland Security. ICE’s broad responsibilities touch upon immigration, child predators on the Internet, gang violence and intellectual property rights of U.S
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