Published by the Hispanic Institute of Social Issues in Phoenix, Arizona
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Phoenix, Arizona. Recent immigration-related cases of individuals with criminal record
attempting to re-enter the United States after being previously deported from the country,
show the severe short and long-term legal consequences this can bring upon them.
Take for instance the cases of Jorge Arriega-Hernandez and José Eleazar Amaya-García, two
Mexican nationals who according to Customs and Border Protection (CBP), were arrested by
agents when attempting to re-enter illegally into the United States.
Arriega Hernandez received a 30-month sentence in prison for attempted illegal re-entry,
while Amaya García was sentenced to 64 months in prison for re-entry of an aggravated
felon. Both men were sentenced on September 16.
In another case, a Mexican citizen by the name of Edson Ernesto Lopez-Hernandez, was
sentenced on August 31 to 30 months in prison, plus another three years of supervised
release. He was also sentenced for attempting to re-enter the United States illegally.
Besides the prison sentences, all three men have been now banned for life from all
legalization processes without a waiver from the U.S. Attorney General. These actions come
as a result of the Consequence Delivery System (CDS), which classifies individuals like them
as “recidivists with criminal records”.
In a similar case, a man who has been classified also as “recidivist with a criminal record” is
Guadencio Molina-Carbajal, from Mexico, was sentenced in July to 70 months in prison for
attempting to re-enter the United States illegally. All cases occurred in Arizona this year
According to the CBP, the Tucson Sector of the Border Patrol implemented the CDS January
2011. The Border Patrol calls the CDS “an integral component of its enforcement strategy,”
which is focused on “delivering a targeted consequence to illegal immigrants.” The CDS
seeks at the same time “to disrupt the smuggling cycle and reduce recidivism rates by
ensuring consequences are upheld to the full extent of the law”.
Arriega-Hernández was apprehended by Ajo Station agents on April 5. Record checks
revealed he was convicted in 2005 for possession with intent to manufacture
methamphetamine in Fresno County, California.
Amaya-García had been previously apprehended on March 18. He was prosecuted by the
U.S. Attorney’s Office. Using the Integrated Automated Fingerprint Identification System, or
IAFIS, Tucson Station, found out during Amaya-Garcia’s processing that he had been
convicted in Orange County, California, in 1999 for making “terrorist threats” toward an
individual.
The Integrated Automated Fingerprint Identification System, or IAFIS, is a national system
containing fingerprint and criminal records. The IAFIS assists local, state, and federal
partners by providing automated fingerprint search capabilities, latent search capability,
electronic image storage, and electronic exchange of fingerprints and responses.
Through these records checks, authorities determined Amaya-García had been previously
deported from the U.S. through San Ysidro, California after serving a two-year sentence.
After the initial processing, the U.S. Attorney’s Office received the case for “re-entry of an
aggravated felon.”
Following his incarceration in federal prison, Amaya-García will be formally removed from the
country.
attempting to re-enter the United States after being previously deported from the country,
show the severe short and long-term legal consequences this can bring upon them.
Take for instance the cases of Jorge Arriega-Hernandez and José Eleazar Amaya-García, two
Mexican nationals who according to Customs and Border Protection (CBP), were arrested by
agents when attempting to re-enter illegally into the United States.
Arriega Hernandez received a 30-month sentence in prison for attempted illegal re-entry,
while Amaya García was sentenced to 64 months in prison for re-entry of an aggravated
felon. Both men were sentenced on September 16.
In another case, a Mexican citizen by the name of Edson Ernesto Lopez-Hernandez, was
sentenced on August 31 to 30 months in prison, plus another three years of supervised
release. He was also sentenced for attempting to re-enter the United States illegally.
Besides the prison sentences, all three men have been now banned for life from all
legalization processes without a waiver from the U.S. Attorney General. These actions come
as a result of the Consequence Delivery System (CDS), which classifies individuals like them
as “recidivists with criminal records”.
In a similar case, a man who has been classified also as “recidivist with a criminal record” is
Guadencio Molina-Carbajal, from Mexico, was sentenced in July to 70 months in prison for
attempting to re-enter the United States illegally. All cases occurred in Arizona this year
According to the CBP, the Tucson Sector of the Border Patrol implemented the CDS January
2011. The Border Patrol calls the CDS “an integral component of its enforcement strategy,”
which is focused on “delivering a targeted consequence to illegal immigrants.” The CDS
seeks at the same time “to disrupt the smuggling cycle and reduce recidivism rates by
ensuring consequences are upheld to the full extent of the law”.
Arriega-Hernández was apprehended by Ajo Station agents on April 5. Record checks
revealed he was convicted in 2005 for possession with intent to manufacture
methamphetamine in Fresno County, California.
Amaya-García had been previously apprehended on March 18. He was prosecuted by the
U.S. Attorney’s Office. Using the Integrated Automated Fingerprint Identification System, or
IAFIS, Tucson Station, found out during Amaya-Garcia’s processing that he had been
convicted in Orange County, California, in 1999 for making “terrorist threats” toward an
individual.
The Integrated Automated Fingerprint Identification System, or IAFIS, is a national system
containing fingerprint and criminal records. The IAFIS assists local, state, and federal
partners by providing automated fingerprint search capabilities, latent search capability,
electronic image storage, and electronic exchange of fingerprints and responses.
Through these records checks, authorities determined Amaya-García had been previously
deported from the U.S. through San Ysidro, California after serving a two-year sentence.
After the initial processing, the U.S. Attorney’s Office received the case for “re-entry of an
aggravated felon.”
Following his incarceration in federal prison, Amaya-García will be formally removed from the
country.
| IMMIGRATION |
| "Recidivists" with Criminal Records Banned for Life |
| By Eduardo Barraza | September 26, 2011 |
| Jorge Arriega-Hernandez Eleazar Amaya Garcia |
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Eduardo Barraza is a journalist and writer,
Barriozona Magazine's editor, and director of
the Hispanic Insitute of Social Issues.
E-mail: editor@barriozona.com
Barriozona Magazine's editor, and director of
the Hispanic Insitute of Social Issues.
E-mail: editor@barriozona.com
