Magistrate Judge Lynnette C. Kimmins, Prosecutor Christopher Lewis and 17 defense lawyers, 1:30-4:20pm
There were 38 migrants charged with only illegal entry—1325 and 37 with the additional charge of reentry—1326. 4 were dismissed from each group. This judge does not give country of origin but there were many language issues and migrant concerns so many were identified as Guatemalan.
In the 1325 group there were at least 6 Guatemalans who had been arrested with their child/children. They were sent to detention and the child was in BP detention–not sure where. Apparently there had been talk that entering with a child gave you a better chance to stay but with Jeff Sessions that is not true at all. The lawyers were trying to figure out what they could do. A representative from the Guatemalan embassy had been there and talked to them. These people were very distraught, a couple spoke out about the fear they and their children felt. They were all given ‘time served’. The judge repeatedly explained that this was a criminal court, not an immigration court and she could do nothing.
The following Guatemalans crossed with a child or children. All were given 'time served'.
Cesar Augusto Garcia Garcia 18-26730MP—Atty David Valadez crossed with his 15 year old daughter and spoke to the court.
Herman Garcia Hernandez 18-26733MP—Atty Bert Vargas is a Mam speaker.
Moises Lopez Vaquez 18-26738MP—Atty Isabel Amsel.
Ninfa Lorena Gonzalez Escobar 18-26739MP—Atty Richard Bacal.
Rene Vidal Rivas Monzon 18-26740MP—Atty Cheryl Blum
Miguel Vasquez Aguilon 18-26742MP—Atty Patrick Doyle
I talked to lawyer Isabel Amsel after the proceeding and she said they (the lawyers?) think there are four main options.
Ask that the children be kept in custody until the parents are to be deported so they can go together.
Children may be held in foster care possibly with relatives here until deportation can be arranged.
The Embassy here can get a power of attorney from the parent designating someone in Guatemala who will receive the child at the airport (if a parent is still in Guatemala she/he can meet the child.)
Atty Amsel said most of this group were economic migrants. She said although Guatemala is a dangerous place that that alone does not qualify someone for asylum. Crime is not a sufficient reason—there needs to be persecution by the government.
Transito Aguilar Lopez (a woman) 18-26722MP—Atty Jessica Ruiz had credible fear but I didn’t see ant papers and am not sure whether her lawyer was putting it on the record or withdrawing it.
In this group there were a few who spoke Mam or another indigenous language.
3 people were ‘attempted’ entries at Nogales—one tried to jump the fence and another was a passenger in a car.
Two people needed medical help; one was on a medication and another Rolando Palacios Ramos 18-26741M had broken his knee and needed an operation. It must have been close to the time he was picked up on May 10 but they didn’t say what happened.
Gary Rosoff, the lawyer for Javier Antonio Manzanares Matote 18-26654M, put something fairly extensive on the record but I couldn’t hear him.
18 migrants were arrested near Nogales and 18 near Sasabe, 7 near Douglas, 6 near Lukeville and 1 near Naco. 17 were only given as Southern Arizona. 7 people had entered the country about 5 days befoe being picked up and on may have had 10 days in the desert.
The 33 people in the 1325/1326 group were sentenced to 2355 days of incarceration.
Most of this time will be served in private prisons.
The Supreme Court found against the shackling challenge today so we may soon see shackles back in court.