18-year-old Carlos Chiguil and 22-year-old Juan Martin were denied bond this morning after being accused of raping a girl at the Mobile nightclub "Heat".
"They are charged of rape first, sodomy first, assault second and possession of a forged instrument in the second degree. So very, very serious charges," says Defense Attorney Ginger Poynter.
And since being an illegal immigrant is not a state crime in Alabama, all illegal immigrants who are arrested are done so for crimes other than immigration. But what happens after illegal aliens are arrested?
"When people are illegally in this country and they are arrested for a serious offense such as a felony offense, then of course they face our justice system. They'll go to trial, if found guilty, they're sentenced to prison," says Mobile County Sheriff Sam Cochran.
"They will serve the whole sentence then they will be deported back to whatever country they came from. And that bans them from ever coming back to the country forever," adds Poynter.
Every time a jail receives a person without a social security number, they call ICE, the Immigrations and Customs Enforcement. ICE will put a hold on that person. If it's a minor traffic ticket, they'll sometimes let them go.
"Usually, but I've seen them put a hold on minor traffic tickets and let, you know, robbery first case, kind of fall through the cracks," says Poynter.
In February, due to the impending sequester, The Department of Homeland Security released at least 2,000 low-priority immigrants, giving them ankle bracelets and parole, saying it would be cheaper. It costs $164 a day to house just one illegal immigrant. With an ankle bracelet, that number is slashed to between 30 cents and $14 a day.
Meanwhile officials claim illegal immigrants continue to be deported at record levels.
Those released still face deportation and are required to appear for upcoming court hearings.
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