In Texas

Bounty hunters blundered with immigration

06:30 PM CST on Friday, January 6, 2006
By Chau Nguyen / 11 News

www.khou.com

Some folks who work closely with the law have been charged with breaking it.

Two bounty hunters face jail time for what investigators say they did with a suspected illegal immigrant.

As a so-called bounty hunter who works for a bail bond company, Jason McKee, is in the business of finding people who jump bail.

"It's my job," said bounty hunter Jason McKee.

Tuesday, McKee and another bounty hunter, Edward Garza, ended up on the other side of the law.

Both were arrested and charged with kidnapping.

McKee doesn't deny he captured this suspected illegal immigrant

In fact, McKee said he brought him here to hold him until immigration opened its doors the next day

"I didn't want to watch the guy all night. They make the rules about their hours, you know what I mean?" said McKee.

The immigration agency declined an on camera interview, but said those bounty hunters had no right to handcuff the man to a couch and hold him for hours.

McKee had a document he claims justifies his actions. But according to immigration officials "surrender such alien for an interview" doesn't allow bounty hunters to detain people.

"I don't get paid by the government, I don't get paid by the state, I get paid by the bond company and the cosigners that posted the bond on the person," McKee said.

Were these men taking the law into their own hands, being vigilantes? They'll now have to explain themselves to a judge.

_________________
Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)

Gee, let me shake these dead brain cells awake. Didn't we discuss this same issue a while back?
Immigration bonds lead to trouble.
It will be an interesting case to watch if we can get the straight scoop.

Big Daddy you are correct in that we discussed this issue previously in detail. But I am unsure of what thread it was listed under…..

I am astonished that any bonding company would attempt a physical surrender of a defendant based on an order to appear for purpose of an interview. In these situations I.C.E. (Immigration and Customs Enforcement) will "demand surrender of the alien for the purpose of an interview" but will not exonerate the bail based on a physical surrender of the defendant. Can anyone imagine having to surrender the same defendant on 2 or 3 times and still not have the bond exonerated? I.C.E. will merely meet with the defendant and release him/her and state a new date to appear will be mailed. In the event the alien is detained (unlikely and almost unheard of) the bond is usually left in limbo until the bonding company requests cancellation based on the fact I.C.E. detained the alien.

My understanding of immigration law is that the only aliens released on bond that can be "legally" apprehended and surrendered are aliens with an administrative final order of removal and the notice to surrender will be clear in that the alien is to be surrendered for detention and or deportation (not for an interview). Gonzalez vs. Gonzalez (Amwest Agreement) states that aliens can be held for any reasonable length of time in order to facilitate the surrender of the defendant but the alien must be have an administrative final order of removal.

In most situations I.C.E. Deportation Units are only available for surrenders 9am-4pm daily and some offices have even less hours in order to surrender. If only every skip would make themselves available during banker’s hours we could all get some much needed r&r. Immigration cases can and will lead to trouble if the BEA's do not know the laws, regulations and procedures of I.C.E. LEO's will always side with the alien as their respective jobs are to serve and protect....even illegals.

_________________
Don Herbert
Surety Administrators, Inc.
645 Penn St. 4th Floor
Reading, PA. 19601
610-372-8811 xt 262

Here in NH on jan 11 we have bills being heard by the legislators to make illegal immigration a crime of criminal tresspass in our state--it is funny how the libral dems call it racial discrimination and the conservitive republicans call needed--more states need to enact some similar legislation to curb the drain on our tax funds--the trickle down effect of illegal immigration and our rise in taxes is unbelievable in every walk of our life --more town services-unpaid by tax dollars more hospital services most unpaid-more school space needed for greated student population-more specialty teachers for non english speaking--and the list grows

http://www.minutemanhq.com/project/
http://www.minutemanhq.com/hq/

A great resource to find further information on the problems created by illegal immigration as well as giving Americans a voice and way to legally participate in helping secure the American borders.

The citizens of this country need to look at the overall effects 14 million + illegal immigrants have on our great country both socially and economically.

_________________
Don Herbert
Surety Administrators, Inc.
645 Penn St. 4th Floor
Reading, PA. 19601
610-372-8811 xt 262

I have been invited to speak Wednesday (January 11) to the Criminal Justice Committee of the NH Legislature on the issue of allowing our law enforcement officers to arrest illegals under a Criminal Trespass statute (NH RSA 635:2). This is the matter where most of you supported our efforts several months ago with signature petitions in support of the situation... of which we are all most grateful.

There are five bills before the House on the 11th, all tightening the noose on those who violate our immigrations laws and criminally trespass on our soil.

If anyone is truly interested, check out how the United States House of Representatives voted on 12/16/05 on the C.L.E.A.R. Act. Type in C.L.E.A.R. Act in any search engine and you'll find it.

_________________
Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)