Magistrate Judge Lynnette C. Kimmins, 16 attorneys, 2 interpreters, Federal Prosecutor Ms. James and a variable number of marshals (started at 6 ended at 3)
Visitors: Andy, a teacher doing border research and one GV Sam
75 people were on the calendar including 5 women. All wore 5-point shackles. 44 had the misdemeanor charge of Illegal Entry 1325, and 31 had the additional charge of Illegal Re-entry after Removal, 1326.
This judge does not mention country of origin but only area of entry into Arizona and date of entry. 25 migrants were arrested near Sasabe, 24 near Lukeville, 15 near Nogales, 3 near Naco and 1 near Douglas. 9 people were arrested between 4 and 8 days after they said they had entered Arizona. The majority were picked up the day they entered. Perhaps this reflects the increased troop presence at the border.
Monday Judge Kimmins had almost the whole group sitting in the courtroom at one time and had to send for more headphones. Today she had only two groups of 8 at any one time after the dismissals. She repeated the charges to each group of 8 and asked each person individually 4 questions (about 280 questions in the course of the hearing).
5 migrants were dismissed at the beginning of the hearing most likely for language. Two were continued.
Lucia Magdalena Dubon Ulloa 18-37752MP (Atty Daniel Anderson) from Honduras will have a half day bench trial on 12/21 at 9:00 am. She had her Initial Hearing today in court.
Beatriz Mendoza Cirilo 18-37803M (Atty Diana Castillo Reina) from Guerrero is a Mixteco/Tlapaneco speaker and did not have enough Spanish to continue in Streamline. She was continued until 12/20 at 1:30 to await an interpreter. Ms, Castillo Reina spoke at length with the judge saying that OS had been designed for Spanish speakers and others who did not speak Spanish should not be put through this and asked to wait so long for a hearing. Her client had something she wanted to say but needed an interpreter which should be expedited. She also had injuries which were not explained.
The plea bargain group of 27 (after dismissals) were sentenced to 1515 day in prison. An indigenous language was put on the record for two in this group and one in the 1325 group. One man wanted a ‘credible fear’ interview.
Jorge Arturo Colindres Galeano 18-37760M (Atty Grace Goodman) who was arrested the day he entered wanted asylum. His lawyer put it on the record but I saw no papers—papers are more difficult now with 5-point shackles. 30 days.
Humberto Ailon Mendez 18-37810M (Atty Peter Matiatos) hurt himself in the desert—no explanation. His lawyer asked that he be allowed to sit for a moment before exiting the courtroom. He was limping when he left.
On Monday before this judge there were about 5 misdemeanor charges and all the rest had the additional felony charge. This came after the four day Thanksgiving weekend and was not reflective of the population that was arrested during that time. The Monday group and the group today were picked up within a day or three of the hearing. I asked a lawyer what happened to the rest of the migrants who were detained. He told me that about 250 people a day are found; only 75 may go to Streamline each day and they can’t be held more than 72 hours before a hearing. He said some will go to Streamline and some, at the discretion of the border patrol on the scene, will be offered Voluntary Removal. The migrant signs a paper saying s/he wants to return to Mexico and is released at the border. I imagine this only works for Mexicans.
Some migrants who do not go to OS will go straight to criminal court as we are now seeing with some folks with multiple re-entries. In the past we would have seen them in Streamline. Also going directly to criminal court are those caught committing a real crime or found to have a prior, real, criminal record in the U.S. Families entering Arizona no longer will be separated in the way we saw in May but have other arrangements. Unaccompanied minors are shifted to another government agency. There has to be a better way.