'My dad isn't a criminal': Facing charges, scared detainees choose fast-track deportation

Yahoo

3 days ago

TALLAHASSEE, Florida ‒ In a cold courtroom in downtown, Isabela Hurtado sat in a wooden pew. It had been over a month since she last saw her father.
On May 29, she watched him get ready for work at a construction site near the capital city's CollegeTown. When she next saw him, on July 2, he was in an orange jumpsuit, shackled by the hands and ankles, waiting to see a federal judge.
"All I wanted to do in that moment was cry, but I had to contain myself," Hurtado, 19, said.
She looked at her dad, Juan Hurtado Solano, seated next to his public defender. He turned around and smiled. Minutes later, he pleaded guilty to illegally reentering the United States, a federal crime with a potential punishment of up to two years in prison and $250,000 fine.
While entering the country without the proper documentation is a misdemeanor, reentering the United States after already being deported is a federal felony, according to U.S. Code 1326, Reentry of Illegal Aliens.
Amid President Trump's crackdown on illegal immigration, more people are being charged for illegal reentry into the United States. And many of those defendants are pleading guilty and agreeing not to challenge their case or removal because of fears of getting stuck in the immigration system, spending more time in detention or being deported to a country that is not their own.
Hurtado's father didn't make the decision lightly. He spoke to his wife and kids. Ultimately, Hurtado said it was the best-case scenario.
"If you're just going to get sent back regardless, let's just speed up with the process, because I wouldn't want my dad to sit there any longer anyway," Hurtado said, adding she would prefer to FaceTime him while he's in Mexico rather than the alternative.
In February, U.S. Attorney General Pam Bondi issued a memo to all department employees entitled: "General Policy Regarding Charging, Plea Negotiations, and Sentencing."
"The Department of Justice shall use all available criminal statutes to combat the flood of illegal immigration that took place over the last four years, and to continue to support the Department of Homeland Security's immigration and removal initiatives," the memo states.
The number of immigration prosecutions in the United States jumped in March of this year. U.S. Attorneys charged 4,550 defendants with immigration offenses in U.S. District Courts in March, up 36.6 percent over February when 3,332 defendants were charged, according to the Transactional Records Access Clearinghouse (TRAC), which tracks immigration data.
According to TRAC, in the past, illegal reentry was often pled down to illegal entry, which has a mandatory maximum sentence of six months and up to a $250 fine.
The plea agreements, also known as "fast-track" programs, were developed to handle the large number of immigration cases in states along the southern border in the 1990s. A former U.S. deputy attorney general once wrote the program was created for defendants who promptly agreed to participate to save the government significant and scarce resources that could be used to prosecute other defendants.
"It's common for someone to plead guilty to a crime to try to avoid detention, especially long-term detention, but they often don't realize that doing so has negative long-term consequences that would likely preclude them from getting a benefit for immigration for the future," said immigration expert Elizabeth Ricci.
According to the American Immigration Council, there are different reasons why a defendant would choose to plead guilty to the entry-related offense.
"These can include a lack of understanding of potential defenses against a charge (and lack of time to discuss such defenses with counsel prior to a group hearing); the prospect of shorter sentences; or misunderstanding the terms or consequences of a plea agreement," according to a council report.
Recently, many defendants and their families say they hope pleading guilty will mean their cases progress much faster. Reports of inhumane conditions at Alligator Alcatraz and other detention centers and long wait times to see judges create a distressing situation for immigrants.
"(Immigration detention centers) are overcrowded, people are sleeping in the hallway, people are being denied medicine," Ricci said. "I tell clients frequently that they may have to put up for very uncomfortable conditions for days or weeks if it means staying here for long-term, often people are so uncomfortable they aren't willing to stick it out and are wiling to leave and forfeit living in the United States."
"It's about making people scared," she added.
The threat of a $250,000 fine really worried Hurtado
"There's no way I could pay that money, or even try to round up the money," Hurtado said. "We don't have people with that type of money. That's so unreasonable … most immigrant families don't have much money."
The USA TODAY NETWORK-Florida spoke to other family members of those incarcerated and charged with illegal reentry. They say their loved ones are being held in the same area as hardened criminals and drug dealers.
"These are mostly decent people whose only crime is entering the United States after being deported, but otherwise, immigration violations are civil, not criminal," Ricci said.
The day federal agents raided Hurtado's father's construction site, they also detained her two uncles. In three hours, Hurtado lost three family members. While her father and uncle are at a federal detention center, her other uncle is still in ICE custody in Texas. She doesn't know exactly where.
Even if her dad and uncle tell their family members not to worry, her mother and aunt hear the news about Alligator Alcatraz and are stressed.
"(My mom) just wants to get this done as soon as possible, because it's scary," Hurtado said.
Her 3-year-old brother hasn't been able to fall sleep well since her father was detained. The two used to fall asleep together – her father after a long day of work, her brother after a long day being a toddler. They would go to bed before anyone else in the house.
Hurtado's father doesn't have a court date yet. But her uncle was to be sentenced July 10.
"My dad isn't a criminal," Hurtado said. "My dad is literally a person who works every day, goes home, takes care of family, and that's that."
Ana Goñi-Lessan, state watchdog reporter for the USA TODAY Network – Florida, can be reached at [e-mail].
This article originally appeared on Tallahassee Democrat: As prosecutions rise, fearful immigrants pick deportation fast track