When 44-year-old Francisco Napoleon Gutierrez-Matute was stopped by Monroe County Sheriff’s Office deputies in the Florida Keys on January 22, he was going to be let go with a warning.
The reason he was going to be let go was because neither he nor his passengers Isidro Jimenez-Guido (64) and Jose Alexander Bustamante-Aguero (42) spoke English, The Miami Herald reported.
The deputies, Shawn Steele and Evan Calhoun, called on the radio for officers who spoke Spanish to help them, but the Florida Fish and Wildlife Conservation Commission and the Florida Highway Patrol told them that they had no Spanish-speaking officers in the area.
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“If we don’t have anyone in the area and can’t get a return, just going to let him go with a warning,” one of the deputies told dispatch.
But things did not work out for the driver and his passengers, as there were some Spanish speaking officers in the area, and they belonged to the U.S. Border Patrol.
When they arrived, they found out that not only were all three of the men illegal aliens, but they had been previously ordered to be deported.
The men were arrested and taken to Marathon Border Patrol station, according to the Herald.
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They have now been charged with one count each of illegal reentry and face a maximum of two years in prison if convicted, according to the U.S. Attorney’s Office.
Bustamante-Aguero was deported the first time on Feb. 9, 2007. Jimenez-Guido was deported previously on Dec. 17, 2007 and Gutierrez-Matute was ordered to leave the United States on Jan. 30, 2008.
Deported illegal immigrants coming back into the United States are a significant issue, according to The Center For Immigration Studies. “A minimum of 46 percent of criminals deported in 2011 were previously deported and had illegally returned to the United States, which is a felony. The failure to better address this problem does not bode well for our ability to intercept terrorists who try to gain access to our country,” it wrote in 2012.
Out of the 188,382 criminal aliens deported in 2011, at least 86,699, or 46 percent, had been deported earlier and had illegally returned to the United States. We know this because 86,699 is the number of criminal alien deportations resulting from “reinstatement of final removal orders” (“reinstatement” for short) for 2011.14 A deportation by reinstatement can be initiated when an alien departed under order of removal and subsequently is found to have illegally reentered the United States. It cannot be ascertained from the available data how many of the 86,699 previously deported criminals committed new crimes other than their illegal return, but unless they were detained shortly after reentering the United States, it is likely that they came to the attention of the immigration authorities as a result of new crimes (committed after their illegal reentry) for which they were convicted or arraigned. And there may be other previously deported criminals who are not included in the 46 percent because they were not deported by reinstatement. The 46 percent may also be understated due to reclassification of criminal deportees.15 Thus, existing data indicate that a minimum of 46 percent of the 2011 criminal deportees were previously deported and returned to the United States.
Moreover, the total number of deportees who were deported by reinstatement was 130,006 for 2011 and yet only 86,699 of the reinstatements were categorized as criminals.16 This means that 43,307 of the 2011 deportees had been deported previously and were not categorized as criminals. Since illegal reentry to the United States by a deportee is a felony under federal law (Title 8 U.S.C. 1326), the 43,307 must have been deported again without being charged with the reentry felony because they were not considered “criminal” deportees in the 2011 data. Also, the 43,307 must have been previously deported with no prior criminal record or their earlier crimes were disregarded in arriving at the total of 188,382 criminal deportees for 2011. If the 43,307 “non-criminals” who were deported by reinstatement are counted as criminals, as they would have been if they had been charged and convicted of illegal reentry in federal court, then the number of criminal deportees would jump to 231,689 and the number of criminals who had been previously deported would rise to 130,006, or 56 percent of the total number of criminal deportees.
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