Traffic cases settled, but deportations loom

Minor offenders snared in immigration program aimed at serious crimes

July 03, 2011|By Maria Sacchetti, Globe Staff

One early evening in May, a Boston police officer arrested Lizandra DeMoura for traffic violations and driving without a license. In another city, she might have been booked and released for a court hearing. But in Boston, the 18-year-old was jailed overnight, taken to court, and handed over to federal immigration agents, who hauled her away in chains.

Now she is facing deportation to Brazil.

“I felt like an animal,’’ DeMoura, who has lived here since she was a child, said in a recent interview in her lawyer’s office in Boston, wearing an electronic monitoring device around her ankle.

Her case - one of three to emerge in recent weeks - lies at the center of the contentious debate over Secure Communities, a federal program pioneered in Boston that uses fingerprints supplied by police and other law enforcement agencies to detect illegal immigrants.

The cases disprove for the first time claims by Boston Police Commissioner Edward F. Davis that the federal program, as implemented by the city, is only being used to root out serious criminals.

After the Globe presented him with these examples last week, Davis urged US Immigration and Customs Enforcement to halt deportation proceedings against them. Davis said Boston joined the program to sweep out violent criminals, and would withdraw if cases such as DeMoura’s are widespread.

“I’m disappointed with what I’m seeing,’’ Davis said, adding that he has asked the immigration bureau to review the noncriminal cases.

Though critics of illegal immigration encourage police to enforce immigration law, Davis said he only wanted to target criminals. A broader net, he said, would discourage ordinary immigrants from reporting crime. “I don’t want people to feel that they have to fear the police, no matter what their status is.’’

US Immigration and Customs Enforcement did not respond to questions about Davis’s concerns. But spokesman Chuck Jackson said the agency recently announced changes to Secure Communities to more tightly focus it on serious criminals, including a new advisory committee that will make recommendations about whether the US government should pursue immigrants stopped for minor traffic violations.

Jackson pointed to several cases that he said Boston police helped bring to light. These included a 2009 case when Boston police helped find a Jamaican man, a violent gang member with a drug conviction. He had illegally reentered the country after being deported, a federal crime, and is now serving 57 months in prison for that offense. He will be deported when the sentence is completed.

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