Print friendly
E-mail story
Tip Us Off
Comments
Share Article
Facebook
Twitter
Google+1
del.icio.us.
Digg!
Yahoo! Buzz
Diigo
google
newsvine
reddit
technorati
Yahoo!
MyspaceDrunken driving is a serious crime that resulted in 10,839 deaths in 2009.
Yet there are numerous documented cases of illegal immigrants who receive convictions for drunken driving and then are not deported. Although these illegal immigrants have no right to be in our country, they remain in the United States. They are simply released and often go on to drink and drive again. This problem can’t continue to be ignored.
Paul Wellman (file)
Elton Gallegly
In a recent and egregious example, Carlos Martinelly-Montano drove while drunk and crashed into an oncoming car, killing one passenger and critically injuring two others. According to an ICE (Immigrations and Customs Enforcement) report, Montano had been arrested for drunken driving twice and reckless driving once. In two of the three cases, his immigration status was never checked – even though he was convicted and sent to jail for the first offense.
Even when he was placed in ICE “custody” after his second DUI arrest, he was released into the streets with a GPS (Global Positioning System) device. However, GPS monitoring doesn’t prevent a released criminal from driving drunk. And we know that drunken drivers involved in fatal crashes are eight times more likely to have a prior drunken driving conviction than other drivers.
On August 1, 2010, Montano got behind the wheel of his vehicle yet again after he had been drinking heavily. This time, tragically, he plowed into a car with three Catholic nuns inside, killing one and severely injuring the two others. Montano was subsequently convicted of felony murder and involuntary manslaughter.
The report claims that Montano would have been detained under subsequent ICE guidelines because he was a repeat offender and he demonstrated himself to be a danger to public safety. However, an anonymous ICE official stated that two drunken driving incidents by an illegal immigrant “aren’t enough to warrant detention.” There is absolutely no reason for the administration’s outrageous policy.
Montano is not an isolated case. In June 2011, an illegal immigrant and habitual drunken driver named Saul Chavez ran over and killed Dennis McCann of Chicago. Chavez had recently finished a sentence of two years of probation for an earlier aggravated drunken driving offense. Chavez was apprehended at the scene of the crime and booked in a Cook County jail. ICE issued a detainer on Chavez, who already had a prior criminal record. The Cook County Jail ignored the detainer and allowed Chavez to post bond. Chavez has since failed to appear in court.
How many people must die before illegal immigrant drunken drivers are detained and removed? Why is it that they are not a priority for our administration? Congress has no choice but to act since the administration apparently is not going to. Rep. Sue Myrick’s bill, House Resolution 3808, the Scott Gardner Act, solves the problem and ensures that illegal immigrants who drink and drive are detained and processed by ICE.
The bill contains common sense measures that:
• Require the detention of illegal immigrants who are apprehended for drunken driving after they are released from custody by local law enforcement.
• Instruct the Department of Homeland Security to prioritize the deportation of an illegal immigrant who is convicted of drunken driving.
• Require a state or local law enforcement officer to verify with federal databases the immigration status of a person who the officer has apprehended for drunken driving and has reasonable grounds to believe is an illegal immigrant.
• Give local law enforcement the authority to issue a federal detainer to keep an illegal immigrant arrested for drunken driving in custody until he or she is convicted or transferred to a federal facility.
I strongly support this bill. It ensures that public safety is maintained, that the law is enforced, and that dangerous killers are removed from our communities.
Related Links
Elton Gallegly represents the 24th District of California in the U.S. House of Representatives, where he chairs the Subcommittee on Immigration Policy and Enforcement.
Previous Month
Comments
Perhaps ICE could start with the President's uncle.
http://www.boston.com/news/local/mass...
revisionist (anonymous profile)
March 28, 2012 at 6:28 a.m. (Suggest removal)
This will increase appreciation for USA among immigrants.
When they're busting out the elbow grease because citizens are lazy, and when no effort is made to find and deport them, an attitude may be expected wherein Mexican (for example) identity continues undiminished. We humans don't value what is given to us for free, usually.
And think of the lives that will be saved!
O white people, don't drink any liberal Kool-aide now!
Adonis_Tate (anonymous profile)
March 28, 2012 at 11:26 p.m. (Suggest removal)
Has anyone here tried to report a possible DUI? I've done it a few times. You call 911, get transferred to the CHP, tell them where you saw the drunk and by the time you are spelling your name for the dispatcher, they are miles behind you or else, after you hang up, you see them on an offramp.
It's a good idea but, on a freeway, with eveyone moving at least a mile per minute, the odds of having a cop close enough to the scene to actually do something is pretty small.
tlacuache (anonymous profile)
March 30, 2012 at 8:26 p.m. (Suggest removal)
While his congressional duties may not incorporate municipal issues, I wonder if Mr. Gallegly would at least take a stance against the proliferation of bars in Solvang--where his office is located?
He does have the right to do this as a private citizen and doing so would certainly make people think about it.
billclausen (anonymous profile)
March 30, 2012 at 10:17 p.m. (Suggest removal)
Rep. Myrick has been re-introducing her bill every year since 2005 and it never gets anywhere.
The reasons appear to be two-fold:
1. It is poorly written and would likely be struck down by the courts in the unlikely event it gets passed.
2. Since 2005, there have been changes in immigration enforcement that avoids the constitutional problems the Scott Gardner Act has (e.g. state's rights, detention terms, etc).
One immigration lawyer in NC (where Gardner was tragically killed) says:
"I believe this bill is redundant ... It's trying to start something thats already started."
http://www.wect.com/story/17160491/lo...
He might be referring to the Dept. of Homeland Security's Secure Communities Program:
http://www.immigrationpolicy.org/just...
Anyways, this appears to be Rep. Myrick's last hurrah. One blogger says about her upcoming retirement:
"I was sorry to hear of Rep Sue Myrick’s announced retirement. She has been an outstanding leader on the issues of hostile Islam and defending the public from dangerous illegal aliens"
http://www.vdare.com/posts/scott-gard...
Coincidentally, this is probably Rep. Gallegly's last hurrah as well. Gallegly is the chairman of the subcommittee that Myrick's bill comes out of, and has said he won't be running for re-election either (although he's changed his mind once before).
EastBeach (anonymous profile)
March 31, 2012 at 2:06 p.m. (Suggest removal)
Once again (sigh) we already have laws on the books that cover this and if the politicians enforce the existing laws, new ones would not be needed.
billclausen (anonymous profile)
March 31, 2012 at 2:36 p.m. (Suggest removal)
Wasn't a drunk driver, but I was following a large truck with no lights on at all one night. He was doing about 45 in the slow lane on 101, maybe he was drunk! I called 911 and the dispatcher obviously had no knowledge of the area. "Padaro, how do you spell that?" Forget it I said, we're almost to Santa Claus. She thought it was a joke, prank call. I gave up after a bit.
Scooter (anonymous profile)
March 31, 2012 at 9:07 p.m. (Suggest removal)
I can top that Scooter. Back about 2002 I'm driving in that same area at about 2 in the morning and see a car stranded. I wasn't about to approach the car so I call 9-1-1 which IS the proper number to call from a cell phone if you see a stranded motorist. The operator who was having a hissy fit told me (after being rude to me for about a minute) that I had no business calling 9-1-1. Of course, since all those calls are recorded, (something we need to remind rude operators of) I complained to his supervisor. The guy got in trouble as a result.
billclausen (anonymous profile)
April 2, 2012 at 1:47 a.m. (Suggest removal)
What if she's beautiful? Do we still need to report her to ICE or should we give her a pass?
http://www.independent.com/news/2012/...
Botany (anonymous profile)
April 2, 2012 at 8:26 a.m. (Suggest removal)
I continue to see a rise in cell phone chatters and texters who are so selfish they pay much closer attention to their phones then they do others using the roads. I am jumping back on the bandwagon of selfishness by drinking and driving again. I haven't done it for many years, now I don't care, I'm slamming some beers and hitting the highway! I'm drinking and driving at least 4 times a week now.
Riceman (anonymous profile)
April 3, 2012 at 8:48 a.m. (Suggest removal)
Bad Riceman. Your posts about drinking and driving could drive one to drink.
billclausen (anonymous profile)
April 3, 2012 at 6:40 p.m. (Suggest removal)
Bars in Solvang! What....like two now? No matter Solvang, State St., Los Alamos, Goleta, anywhere USA...don't drink and drive anywhere.
BeachFan (anonymous profile)
April 16, 2012 at 4:37 p.m. (Suggest removal)
According to this, 11.
http://www.yelp.com/search?cflt=bars&...
billclausen (anonymous profile)
April 17, 2012 at 4:55 a.m. (Suggest removal)