Thursday, February 17, 2011
Undocumented immigrants appear in federal court
Ten undocumented immigrants who had been arrested during several workplace raids in the Triangle appeared in federal court in New Bern yesterday.
Employees of Durham-based J&A Framers—Rafael Garcia-Tiscareno, Jose Guadalupe Rodriguez, Victorino Gutierrez-Licona, Lucio Huerta-Ponce, Luis Humberto Huerta-Ponce, Luis Raul Huerta-Ponce, Juan Manuel Martinze Rodriguez, Jorge Alberto Ruiz-Ponce, Flavio Martinez-Andres and Olegario Ortega-Solis were arrested in November by Immigration and Customs Enforcement (ICE) officers in Cary, Apex and Chapel Hill.
The defendants pleaded guilty of entering the United States illegally; two of the defendants pleaded guilty to reentering the United States after previous deportations.
U.S. Magistrate Judge David W. Daniel presided over the hearing because Chief District Judge Louise W. Flanagan was absent. However, Daniel doesn't have the authority to make the final sentence ruling, so the 10 employees remain jailed. They could serve an additional 90 days before a sentence is handed down.
Mason asked the court to expedite the sentencing of her clients. “If that request is denied, the sentencing will likely be set for the May term of court,” said Mason. “At that time, these men will be at or near the end of the advisory guideline range for their convictions.”
According to the U.S. Attorney's office, the workers are facing a maximum sentence of two years' imprisonment.
“This case is an illustration of the widespread desire to punish individuals who come to the United States illegally to work and provide for their families,” said Amanda Mason, the attorney representing the 10 immigrants. “Each of these men, most of whom have little criminal history beyond minor traffic violations, have demonstrated much strength during this difficult process,” she said adding, “the consequences for immigration violations are severe.”
A total of 18 workers were picked up on Nov. 15, as part of an ongoing investigation into Jose Alfredo Lopez Ponce and Juan Antonio Lopez Ponce, who operated J&A Framers & Carpentry. They were indicted Dec. 15 on charges including smuggling, harboring and recruiting immigrants to work at their Durham-based business. That case has not gone to trial.
Last month, eight employees pleased guilty to misdemeanor immigration-related charges of illegally entering the U.S.: Jorge Juerta Pone, Yair Cruz Garcia, Aldo Temix, German Rodriguez Martinez, Gabriel Miramontes Rosales, Jorge Escamilla Hernandez, Humberto Farfan Ramon, and Edgar Martinez Rodriguez
These eight men served 30 days in jail and were released on immigration bonds. They are awaiting hearings in immigration court.
Comments (7)
Showing 1-7 of 7
Get your facts straight people!! It is not true that these people were being paid minimum waige, wheres the proof? just because they were indicted? that doesent mean anything investigation is not over! these people are just mad they couldnt find proof on other charges so they are just adding these false accusations! If you realy dont have anything else to do and have something to say try to find anyone that ever worked for these people meaning J&A and ask them if they were ever treated unfairly! No one will say they were, if anything I am shure they are all grateful because no one else would have gave them the opportunity that J&A did!
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Juan Antonio Lopez Ponce and Jose Alfredo Lopez Ponce are two HONORABLE Mexican men that have done nothing but help their employees have a better life and reach the so called "American Dream". I am shure this will ultimately end the way it should with J&A paying whatever fines you want (because im shure they have the funds necessary) and moving on with their lives! If for any reason they have to serve some time in jail i am shure they will with pride and a clean conscience for the only thing they did wrong was help or "love thy neighbor". With that i would like to add,
The impersonal hand of government can never replace the helping hand of a neighbor. ~Hubert H. Humphrey
To the guy who only hires illegals. Stop your lyin, you dont want to pay a decent wage. Thats true an American would not work on Thanksgiving day. Its a HOLIDAY for family you cheap moron. These people work it cause they are like little mules, they do anything you tell them too. I hope they move into your neighborhood, with 6 families living in one house. See how you like them then.
The Ponce brothers paid coyotes to smuggle people across the border to work for less than minimum wage, without benefits (vacation days, sick days, insurance). They also "harbored" them, which most likely means they shacked them up in sub-standard housing. This is slavery--let's not make this a simple case of black and white. Some people should be arrested and deported.
I am not saying what they did is right but please understand from an employer's point of view. The business I am in requires manual labor. Here are some examples of why I mainly use immigrants:
"American" employee asked for time off for: His grandfather's funeral, his girl friends grandmother's funeral, his uncle's funeral, his aunts funeral . All in the span of 3 months.
Another "American" employee asked me for a raise because she had this bill and that bill. I kid you not, that very afternoon she asked if she could have that weekend off.
Another "American" employee kept asking me for a raise nearly every week. I finally told her if you want a PHD.'s wages go get more education.
Hispanics (not all) tend to work very hard and appreciate the fact that I pay them an above average wage as compared to the "Americans" who are always looking out for themselves. Who in their right mind would not want to hire an "American" first due to language and paperwork issues. Its just that we employers are almost forced to hire hispanics in order to make the business run as it should. As far as their share of taxes , I pay employers tax on every single one of them so they are not getting a free ride.
They also spend their money here is the US so that helps the local economy. If you don't want your service, food, home prices to rise sharply by the absence of Hispanics then accept that they are here and will not be leaving soon. I too used to want illegals out of here, but I saw a group of Hispanics working to build a house on Thanksgiving day while I was playing golf at BrierCreek and thought to myself: "no way in hell would you have any "Americans" working on Thanksgiving morning and thanked God that they were here.
I love this part: This case is an illustration of the widespread desire to punish individuals who come to the United States illegal to work and provide for their families, said Amanda Mason, the attorney representing the 10 immigrants." So, punishing criminals is anathema to the defense attorney. That explains why she is a defense attorney. She has no regard for the rule of law, nor do her clients. What she should say is "These people violated the laws of our country and should be made to pay the price for violating those laws".
Each of these people made a conscious decision "illega[ly]l to work and provide for their families," ignoring the "illegal" part. Why they broke US immigration laws is irrelevant.
How about this: Fine them the total of everything they were illegally paid, plus court costs, plus what it cost to keep them in jail, and then send them home.
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