Illegal immigrant student case ignites debate

[witchcurlgirl]

Kennesaw State University student Jessica Colotl studied political science and dreamed of becoming a lawyer until a series of minor traffic violations propelled her to the center of a nationwide debate on illegal immigration.

Colotl's family came undocumented to America from Mexico when she was 11. After she was arrested in late March for driving without a license, the sheriff's office turned her over to immigration officials and put her in an Alabama detention center. Her ordeal was only just beginning.



The Associated Press has more:

After lobbying by Kennesaw State officials and her sorority sisters, ICE released Colotl last week. Federal officials deferred action on her case for a year, allowing her to complete her classes.

But Cobb County Sheriff Neil Warren obtained a new warrant for her arrest on Wednesday, saying she lied about her address when she was booked into jail following her initial arrest. Making a false statement to law enforcement is a felony under Georgia law.

If Colotl is convicted on the felony charge of making a false statement, it will be virtually impossible to get a judge to agree to extend the deferral, [Colotl's immigration lawyer Charles] Kuck said. But he said he is almost positive that the district attorney will dismiss those charges.

Colotl's situation can be attributed to the U.S. Immigration and Customs Enforcement 287(g) program, through which state and regional law enforcement units can work with federal customs agencies to enforce immigration laws locally.



CNN has more:

If [a local agency] conclude that someone is in the country illegally, they can turn that person over to ICE. Last year, a change to the partnership program prioritized the detention and arrest of those who have allegedly committed crimes.

The Cobb County Sheriff's Office is one of 71 law enforcement agencies in 26 states that have entered into this partnership program, according to the ICE website.

Labeling the program a "civil rights disaster," Mary Bauer, legal director of the Southern Poverty Law Center, said it "leads to racial profiling, distracts police from looking for real criminals and destroys families."

Beyond local immigration law enforcement, Colotl's case brings to light the thorny situation undocumented immigrants face when trying to pursue higher education.

The Atlanta Journal-Constitution reports that applicants to Georgia universities are only given three choices of citizen status disclosure; undocumented students are forced to lie on the application:

The form used by the 35 institutions that make up the University System of Georgia asks prospective students to disclose their citizen status. They have just three options:

• U.S. citizen;

• Nonresident alien: A person who is not a citizen or national of the U.S. and who is in this country on a visa or temporary basis and does not have the right to remain indefinitely;

• Permanent resident: A non-citizen living in the U.S. under legally recognized and lawfully recorded permanent residence status as an immigrant.

Colotl, who is widely supported by civil rights activists and is being represented by lawyers free of charge, told the AP that she is "certain" she will graduate from Kennesaw State:

"I really believe that something positive should come out of this, probably an immigration reform or at least the DREAM Act," she said.

What do you think?

Jessica Colotl: Kennesaw State Student Ignites Illegal Immigration Debate

[witchcurlgirl]

ATLANTA -- When Jessica Colotl, an illegal immigrant college student, got arrested for a minor traffic violation at her suburban Atlanta campus, she became an accidental poster child for immigration reform.

On Friday, after getting arrested and released from detention for the second time in just over a month, she told reporters at a news conference she hopes her ordeal can help persuade leaders to work for an overhaul of the country's immigration laws.

"I just hope for the best and I hope that something positive comes out of this because we really need a reform to fix this messed up system," the 21-year-old told reporters inside a shopping center that caters to metro Atlanta's growing community of Hispanic immigrants.

Colotl, who came close to deportation after the traffic arrest, looked overwhelmed by the crush of reporters shouting questions at her.

Colotl is among hundreds of thousands of young people who have been brought into the U.S. illegally by their parents. She was 11 when her parents crossed the border with her from Mexico. Eventually, she graduated from high school in Georgia and entered Kennesaw State University in the fall of 2006. A sorority member who dreams of becoming lawyer, she was set to graduate with a degree in political science this fall.

Her first arrest came on March 30, the day after getting pulled over by university police for a minor traffic violation. She was charged with driving without a license and impeding the flow of traffic.

Then, the Cobb County Sheriff's Office turned her over to officials with U.S. Immigration and Customs Enforcement, who sent her to a detention center in Alabama. After lobbying by Kennesaw State officials and her sorority sisters, ICE released Colotl last week.

Federal officials deferred action on her case for a year, allowing her to complete her classes.

But Cobb County Sheriff Neil Warren obtained a new warrant for her arrest on Wednesday, saying she lied about her address when she was booked into jail following her initial arrest. Making a false statement to law enforcement is a felony under Georgia law.

Colotl turned herself in Friday morning and was released on $2,500 bond, according to sheriff's office records.

Her criminal defense lawyer, Chris Taylor, said Friday that his client's case is a perfect example of why U.S. immigration law needs reform.
"Jessica may not have the documents that show that she's an American citizen, but she's an American," Taylor said. "She's an American in her heart because she believes in the values of this country."

U.S. Immigration and Customs Enforcement, which granted the deferral on her case last week, decided not to detain her again following Friday's arrest, the agency said in a statement.

Taylor said he believes there is no merit to the sheriff's charge that Colotl gave an incorrect address. The address she gave is a former address and her auto insurance and car registration still list it, he said. She also gave her current address to immigration officials and the sheriff's office had access to that information, he said.

Warren did not return calls Friday seeking comment and a spokeswoman for his office referred questions to a statement released Thursday. In it, the sheriff said Colotl knew she was in the country illegally and "further complicated her situation with her blatant disregard for Georgia Law by giving false information."

The deferred action on Colotl's case does not imply legal status but does authorize her to seek a work permit, ICE said.

Colotl's immigration lawyer, Charles Kuck, said he intends to seek an extension of that deferred status.

If Colotl is convicted on the felony charge of making a false statement, it will be virtually impossible to get a judge to agree to extend the deferral, Kuck said. But he said he is almost positive that the district attorney will dismiss those charges.

Cobb County District Attorney Pat Head did not immediately return a call Friday seeking comment.

Colotl is evaluating whether to return to Kennesaw State, but said she is certain she will graduate from college.

"I really believe that something positive should come out of this, probably an immigration reform or at least the DREAM Act," she said.

The DREAM Act, or Development Relief and Education for Alien Minors, would apply to illegal immigrants who arrived in the U.S. before the age of 16, have a high school diploma and have shown high moral character, among other requirements. The bill has been introduced many times in Congress but has yet to make it through.

It's unclear how many people would qualify under the most recent version of the act, which could be folded into a larger immigration reform bill or pushed on its own.

Both Taylor and Kuck are representing Colotl without charge.
Colotl and her lawyers were flanked by about a dozen representatives from civil liberties and immigrant rights groups at Friday's news conference. They called for ICE to revoke the Cobb County Sheriff's Office's participation in a program known as 287(g), which allows local law enforcement agents to help enforce federal immigration laws.

"We are calling for an immediate termination of the 287(g) agreement in Cobb County," said Azadeh Shahshahani of the American Civil Liberties Union of Georgia, adding that her office has contacted the Department of Homeland Security, which oversees ICE, and the U.S. Department of Justice, asking them to look into Cobb County's use of the program.

DHS spokesman Matt Chandler declined to comment and U.S. DOJ did not immediately return a call seeking comment late Friday.


Illegal immigrant student hopes case helps reform

[greysfang]

How the fuck did she even get into public school without documentation, much less college? You wouldn't believe how much paperwork I have to fill out every year for my LEGAL kids. This is disgusting. They need to send the entire family packing.

[january]

I saw her on TV. She was DRIVING WITHOUT A LICENSE or insurance and she said she was unaware that she needed one, or that she was doing anything wrong!!! Give me a fucking break. I take this particularly seriously since I pay out the ass for auto insurance for every uninsured, unlicensed drivers because of all the accidents that they cause here. This girl has to be either the dumbest person on the planet or a liar - and I choose option B. She knew enough to save her ass to lie about her address, so she knew she was in the wrong. I just don't understand this feeling like she's owed something for her trouble, or that she's been victimized. She should be blaming her parents, if anyone, for getting her into this mess. Somehow I don't think anyone would be giving her a sympathetic ear if she was Somalian, for example. I'm just not convinced whatsoever that these kids who are now grown had NO idea that they were here illegally or that they were doing something wrong - obviously she knew enough to lie. What it boils down to, for me, is that the civil rights of EVERYONE should be protected, that's why I can't get behind the Arizona law. But living in America is not a civil right - you deserve to be treated in a humane fashion, but you don't deserve to be given a pass to stay. Would her family be willing to pay a fine, undergo criminal background checks, etc., in order to stay here? Then that should be allowed. But we can't just allow this to go on. Frankly I'm shocked at how this happens because my husband is kept under lock and key - guess because he's Arab he doesn't get a pass, he knows if he were to fuck up he wouldn't get a second chance. And he actually took the legal way to get here.

And I'm sorry but this:

Her criminal defense lawyer, Chris Taylor, said Friday that his client's case is a perfect example of why U.S. immigration law needs reform.
"Jessica may not have the documents that show that she's an American citizen, but she's an American," Taylor said. "She's an American in her heart because she believes in the values of this country."

is the lamest thing I have ever heard. This is like Lifetime movie, cheesy bad. I guess I should tell my husband now that he doesn't need those immigration papers because he's a citizen, it's in his heart, after all. It doesn't matter what the law says.

[MohandasKGanja]

How the fuck did she even get into public school without documentation, much less college? You wouldn't believe how much paperwork I have to fill out every year for my LEGAL kids. This is disgusting. They need to send the entire family packing.

That's a good question. I registered my son for first grade about two months ago and it was just grueling how much paperwork I had to pull together. Including a copy of his birth certificate and the deed to my freaking house.

[msdeb]

when we stayed the summer at my in laws house (which is right next to the Mexico/CA border), i had to bring in 15 different documents to prove we lived in the United States.

AND since we were living with my inlaws temporarily, they had to get a letter NOTARIZED saying that we were staying there.

and yet, there are still TONS of people dropping off their kidlings in cars with Baja Plates.

[Just Kill Me]

How the fuck did she even get into public school without documentation, much less college? You wouldn't believe how much paperwork I have to fill out every year for my LEGAL kids. This is disgusting. They need to send the entire family packing.

That's a good question. I registered my son for first grade about two months ago and it was just grueling how much paperwork I had to pull together. Including a copy of his birth certificate and the deed to my freaking house.

when we stayed the summer at my in laws house (which is right next to the Mexico/CA border), i had to bring in 15 different documents to prove we lived in the United States.

AND since we were living with my inlaws temporarily, they had to get a letter NOTARIZED saying that we were staying there.

and yet, there are still TONS of people dropping off their kidlings in cars with Baja Plates.

Gosh, where do yall live? So msdeb you would assume with all those hoops you had to jump through it must be impossible for illegals to burden the CA schools.

Having a copy of your child's birth certificate does not seem like it would be much of an ordeal. It's not like they asked for umbilical blood.

In HISD they ask for stuff and I have to promise my soul or the soul of my child

Enrollment Process
To register and enroll your child in the school that he or she is zoned to attend, bring the following to school:

• The child’s birth certificate or other proof of age and identity;
• Proof of your identity and residential address (driver’s license and utility bill); and
• A record of your child’s current immunizations signed by a doctor.

Your child may be eligible to enroll provisionally if the required immunization process has begun. Texas law requires that a child must be enrolled by the child’s parent or guardian or another person with legal control of the child under a court order. It also requires the district to record the name, address, and date of birth of the person enrolling the student.

Anyway, this girl is fucking retarded if she did not know she should have a license and insurance but this does not mean she should be deported, she should be fined.

[greysfang]

I live in a place with a lot of illegals, and apparently only illegals can go to fucking school without jumping through hoops. If I'm mising one document I'm getting lettersthreatening to kick my kids out of school until I produce it.

[bellini]

How the fuck did she even get into public school without documentation, much less college? You wouldn't believe how much paperwork I have to fill out every year for my LEGAL kids. This is disgusting. They need to send the entire family packing.

I'm in California. When I registered my kids for kindergarten, I've had to provide proof of residency, a stamped vaccination record from her pediatrician and her birth certificate.

[Just Kill Me]

Yeah that doesn't sound so bad. I must do the same and I'm in Texas. I'm assuming msdeb had to provide extra documentation because the parents did not receive any utility bills in their name at the address and probably had not changed their driver's license addresses.

[kingcap72]

"Jessica may not have the documents that show that she's an American citizen, but she's an American," Taylor said. "She's an American in her heart because she believes in the values of this country."

He's going to have a do a lot better than "she's an American in her heart." Putting aside the fact that she's illegal, she was driving without a license, or any other required paperwork, which is a crime whether you're legal or not.

Taylor said he believes there is no merit to the sheriff's charge that Colotl gave an incorrect address. The address she gave is a former address and her auto insurance and car registration still list it, he said. She also gave her current address to immigration officials and the sheriff's office had access to that information, he said.

If she's not currently living at the former address, and didn't give the cops her current address, then she gave the cops an incorrect address.

If you're in the country illegally, you want to stay under the radar. So, it's not the smartest idea to enroll in college, drive around without a license or do anything else to draw attention to yourself.

[Just Kill Me]

She's being a stupid ass. She should pay fines, that's it. There is nothing wrong with getting an education.

[Mel1973]

How the fuck did she even get into public school without documentation, much less college? You wouldn't believe how much paperwork I have to fill out every year for my LEGAL kids. This is disgusting. They need to send the entire family packing.

Yes, agree with this - EVERY year when we register for school, we get a huge manilla envelope filled with documents that we have to fill out. Every year, the nurse sends home a letter telling me what shots my kid needs before he starts school next year. When I pick my kid up from school, they scan my fucking driver's license.

I saw her on TV. She was DRIVING WITHOUT A LICENSE or insurance and she said she was unaware that she needed one, or that she was doing anything wrong!!! Give me a fucking break. I take this particularly seriously since I pay out the ass for auto insurance for every uninsured, unlicensed drivers because of all the accidents that they cause here. This girl has to be either the dumbest person on the planet or a liar - and I choose option B. She knew enough to save her ass to lie about her address, so she knew she was in the wrong. I just don't understand this feeling like she's owed something for her trouble, or that she's been victimized. She should be blaming her parents, if anyone, for getting her into this mess. Somehow I don't think anyone would be giving her a sympathetic ear if she was Somalian, for example. I'm just not convinced whatsoever that these kids who are now grown had NO idea that they were here illegally or that they were doing something wrong - obviously she knew enough to lie. What it boils down to, for me, is that the civil rights of EVERYONE should be protected, that's why I can't get behind the Arizona law. But living in America is not a civil right - you deserve to be treated in a humane fashion, but you don't deserve to be given a pass to stay. Would her family be willing to pay a fine, undergo criminal background checks, etc., in order to stay here? Then that should be allowed. But we can't just allow this to go on. Frankly I'm shocked at how this happens because my husband is kept under lock and key - guess because he's Arab he doesn't get a pass, he knows if he were to fuck up he wouldn't get a second chance. And he actually took the legal way to get here.

And I'm sorry but this:

Her criminal defense lawyer, Chris Taylor, said Friday that his client's case is a perfect example of why U.S. immigration law needs reform.
"Jessica may not have the documents that show that she's an American citizen, but she's an American," Taylor said. "She's an American in her heart because she believes in the values of this country."

is the lamest thing I have ever heard. This is like Lifetime movie, cheesy bad. I guess I should tell my husband now that he doesn't need those immigration papers because he's a citizen, it's in his heart, after all. It doesn't matter what the law says.

I agree with you. I no longer feel that I can support what Arizona is doing, but I do get on board with law officials turning people over to ICE. Our officials should have been working together like this all along, in my opinion. Why wouldn't the sherriff's office release pertinent information to ICE, why wouldn't any other department of law enforcement?

She's being a stupid ass. She should pay fines, that's it. There is nothing wrong with getting an education.

Pay fines and then what? She still doesn't have a license or the legal right to be here. She broke the law more than once, she deliberately and knowingly lied to the police...

[msdeb]

Yeah that doesn't sound so bad. I must do the same and I'm in Texas. I'm assuming msdeb had to provide extra documentation because the parents did not receive any utility bills in their name at the address and probably had not changed their driver's license addresses.

some of the documents were my inlaws electric bills. they've lived in their home for 50 years. I had to bring drivers licenses for BOTH of my inlaws as well. Not to mention their phone bill. and it was just for summer school LOL.

[january]

I think what pisses me off is when I saw her on CNN. She kept saying "I haven't done anything wrong" and talking about how she didn't know any better. OWN IT. ICE has been extraordinarily nice to this girl by granting her a deferment so she can complete college. I would prefer her to say, "yes, I was wrong, I'm trying to correct this, thank you to the government officials who are letting me stay." Instead, she mouths off like she's entitled to even more. I really cannot get this train of thought, I just can't, it makes me feel like I'm in a parallel universe.


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