illegal aliens

The U.S. Supreme Court heard arguments Monday on the federal government’s challenge of an Arizona law that requires proof of citizenship before allowing someone to register to vote. But most voters think everyone should have to prove their citizenship before being allowed to sign up for voting and don’t believe such a requirement is discriminatory.

The latest Rasmussen Reports national telephone survey finds that 71% of Likely U.S. Voters believe everyone should be required to prove his or her U.S. citizenship before being allowed to register to vote. Twenty-one percent (21%) disagree and oppose such a requirement. (To see survey question wording, click here.) Read more about 71% Favor Proof of Citizenship Before Allowing Voter Registration

A 24-year-old Keizer man will serve 25 years in prison in connection with the 2011 death of his girlfriend’s 4-year-old son.

Marion County Presiding Judge Jamese Rhoades handed down the sentence Tuesday to Gerardo Chavarria, who changed his plea to guilty to charges of manslaughter and two counts of criminal mistreatment of Sebastian Iturbe, waiving his right to a trial.

A jury trial had been scheduled for the first week of April. Chavarria’s convictions will result in his deportation from the United States after he finishes his sentence.

After a change to the indictment, which changed a murder charge to manslaughter, Rhoades asked Chavarria what he did the day of Nov. 5 that made him feel he was guilty of causing Sebastian’s death.

“The day this happened I had just gotten up. I was drinking beer, watching TV with Sebastian,” Chavarria said. “He did something, I don’t remember what, that knocked over the bottle of beer. For whatever reason I got angry, and I hit his head against the floor.”

The gasps of Sebastian’s mother, Erika Iturbe, and her parents rang out in an otherwise quiet courtroom as Chavarria said he pounded the boy’s head against the floor with his hands. Sebastian then became quiet, he said, and he put the boy to bed.

“I got nervous. I didn’t know what to do,” Chavarria said.

He said he took Sebastian to Salem Hospital two to three hours later. The boy was later transferred to Oregon Health and Science University where he died of blunt force trauma to the head Nov. 6, 2011.

According to documents written by Keizer police, Chavarria first told a detective that Sebastian fell and hit his head outside the family’s basement.

Medical staff said the boy’s injuries weren’t consistent with that kind of fall.

According to the statement, Chavarria later said he pushed the boy with a plastic child carrier and saw him fall down the stairs, hitting his head multiple times.

Chavarria recounted two other incidents in court in which he caused injury to Sebastian, including one when he hit the boy with a belt and another when he hit the boy on the shoulder with his sandal.

District Attorney Walt Beglau said that he wanted to bring the case back to Sebastian.

Through organ donations, Beglau said, Sebastian saved three separate lives.

“It’s hard to describe with words what Sebastian’s death has caused on his mother and family who are here today,” he said. “For his family, it’s been loneliness, anger that comes and goes and irrepressible grief.”

Erika Iturbe and her parents were each given an opportunity to speak in court.

“We miss his laugh, his smiles ... I will never get to hear him say ‘I love you Mommy,’ ” Erika Iturbe said to Chavarria, who looked away and hung his head. “I can’t say I forgive you because I don’t. I hate you with all my heart.”

Chavarria refused the opportunity to speak in court, but after the hearing, his attorney Stephen A. Lipton spoke on his behalf.

“He is genuinely remorseful,” Lipton said. “He’s getting a sentence better than what he had the right to expect.”

Before the hearing, Rhoades viewed a home video of Sebastian playing and singing to his sister.

“It’s difficult to talk to you knowing you killed this beautiful little boy,” Rhoades said to Chavarria. “He was a delightful little boy and a beautiful child and now he’s gone.”

As recommended by deputy district attorney Jodie Bureta, Rhoades imposed a 25-year sentence, one she felt was not hard enough.

“Twenty-five years may not be enough, but it is what the court will impose,” Rhoades said.

NOTE:  Gerardo Chavarria - ICE hold
  Read more about Man gets 25 years in child's death

The Oregon Senate might vote as early as Thursday on a bill allowing in-state tuition for immigrant students.

The Senate Education Committee voted 3-2 along party lines Tuesday to advance House Bill 2787. The committee did not amend the bill, and a spokesman for Senate President Peter Courtney, D-Salem, said the bill could be up for a final vote Thursday.

Courtney will be the bill’s floor manager when it comes up for a vote. He also sponsored the original bill a decade ago.

He said students should not be held responsible for what their parents did entering the United States illegally.

The bill would allow in-state tuition for students without immigration documents, if they graduated from high school or its equivalent in Oregon, attended Oregon schools three years before graduation and U.S. schools for five years. Students also would have to show intent to seek legal status or citizenship in the United States.

Out-of-state tuition typically is three or four times the rate for in-state residents.

Committee members heard from 28 witnesses split equally for and against the bill.

One of those in favor was Ayrton Nicolas, 17, a senior at North Salem High School, who said his ambition is to be a neurosurgeon. Nicolas, a member of the Junior ROTC drill team, said he has been accepted by several colleges.

“Unfortunately, because of my legal status in America, my tuition costs are twice or sometimes three times more than that of my fellow classmates who I studied with, played sports with and volunteered with,” he said. “This cost is the only thing keeping me from chasing my dream.”

But Mark Callahan of Salem, who has twice run for the Oregon House from Eugene, was among those who opposed the bill. Read more about In-state tuition for immigrants heads to Senate vote

WASHINGTON (Reuters) - Eight senators aim to cap months of talks next week with a comprehensive deal to overhaul the U.S. immigration system, a member of the bipartisan group said on Thursday.

Democratic Senator Robert Menendez of New Jersey, a longtime reform advocate, said once the agreement is done, aides will draw up legislation that could be considered by the Senate Judiciary Committee in April.

"That's our goal," Menendez told Reuters. "We hope to agree on all of the major issues, hopefully, by the end of next week. But it could slip a bit," he said, perhaps by a couple of days or so.

"I'm not rigid about anything other than getting it right," Menendez said.

The timetable Menendez spelled out mirrored one that the group suggested earlier this year. It said it aimed to have a bill in March and a vote by the full Democratic-led Senate in June or July.

The eight senators - four Democrats and four Republicans - announced a "framework for comprehensive immigration reform" in January and have been working to flesh it out.

There are an estimated 11 million undocumented immigrants in the United States, many of them living in the shadows while seeking work and trying to avoid detection.

The eight senators have tried to draft a plan that would include a pathway toward U.S. citizenship for undocumented immigrants while strengthening border security.

They also want to create a more effective system to guard against U.S. employers hiring undocumented immigrants, and develop a program to better forecast and meet future U.S. workforce needs in a bid to curb illegal immigration.

The eight senators came together shortly after the November 2012 election results reflected the growing power of Hispanic voters and their pleas for immigration reform.

"There have been hard and tough negotiations, but it has been done all in the spirit of achieving the goal, in which compromise has been made on both sides," Menendez said.

The senators have worked with the encouragement of the White House and reached out to members of the Republican-led House of Representatives.

This week Obama met separately with Republican and Democratic lawmakers, mainly to talk about budget deficit concerns. But immigration reform also was discussed.

On Wednesday, Obama told a closed-door meeting of Senate Democrats that immigration was "'something that we can get done,'" Democratic Senator Benjamin Cardin of Maryland said.

On Thursday, Republican Senator Jeff Flake of Arizona, a member of the group of eight, said he thanked Obama for "playing a role that's behind the scenes."

Flake said the issue of future immigration to the United States is a sticking point for Democrats, and that Obama could build support for that part of the pending immigration bill.
  Read more about Senators aim to reach bipartisan immigration deal next week

The Obama administration reversed itself Thursday, acknowledging to Congress that it had, in fact, released more than 2,000 illegal immigrants from immigration jails due to budget constraints during three weeks in February.

The director of U.S. Immigrations and Customs Enforcement, John Morton, said his agency had released 2,228 illegal immigrants during that period for what he called "solely budgetary reasons." The figure was significantly higher than the "few hundred" immigrants the Obama administration had publicly acknowledged were released under the budget-savings process. He testified during a hearing by a House appropriations subcommittee.

Morton told lawmakers Thursday that the decision to release the immigrants was not discussed in advance with political appointees, including those in the White House or Homeland Security Secretary Janet Napolitano. He said the pending automatic cuts known as sequestration was "driving in the background."

"We were trying to live within the budget that Congress had provided us," Morton told lawmakers. "This was not a White House call. I take full responsibility."

The Associated Press, citing internal budget documents, reported exclusively on March 1 that the administration had released more than 2,000 illegal immigrants since Feb. 15 and planned to release 3,000 more in March due to looming budget cuts, but Napolitano said days later that the AP's report was "not really accurate" and that the story had developed "its own mythology."

"Several hundred are related to sequester, but it wasn't thousands," Napolitano said March 4 at a Politico-sponsored event.

On March 5, the House Judiciary Committee publicly released an internal ICE document that it said described the agency's plans to release thousands of illegal immigrants before March 31. The document was among those reviewed by the AP for its story days earlier.

The immigrants who were released still eventually face deportation and are required to appear for upcoming court hearings. But they are no longer confined in immigration jails, where advocacy experts say they cost about $164 per day per person. Immigrants who are granted supervised release _ with conditions that can include mandatory check-ins, home visits and GPS devices _ cost the government from 30 cents to $14 a day, according to the National Immigration Forum, a group that advocates on behalf of immigrants.

Morton said Thursday that among the immigrants released were 10 people considered the highest level of offender. Morton said that although that category of offender can include people convicted of aggravated felonies, many of the people released were facing financial crimes. Four of the most serious offenders have been put back in detention. Other people released include immigrants who had faced multiple drunken driving offenses, misdemeanor crimes and traffic offenses, Morton said.

After the administration challenged the AP's reporting, ICE said it didn't know how many people had been released for budget reasons but would review its records. Read more about Gov't acknowledges thousands released from jails

Drugs discovered during an Albany traffic stop Monday afternoon led detectives to Salem, where police arrested two men suspected of dealing methamphetamine.

About two pounds of meth and more than $5,000 in cash were seized.

Police served search warrants on two Salem residences after midnight on Tuesday, busting open the door of one home.

Albany Police Detective Lt. Brad Liles said local drug investigations often lead police out of Linn County, because major traffickers don’t typically live in the area.

And individuals caught with controlled substances often will cooperate with police, he added.

The little fish will sell out the big fish.

“That’s how the drug world works,” Liles said.

Enrique Gallegos-Zaragoza, 32, and Antonio Mendoza-Garcia, 28, both of Salem, were arrested on charges of delivery and possession of methamphetamine, and delivery of methamphetamine within 1,000 feet of a school.

A U.S. Immigration and Customs Enforcement hold was placed on Gallegos-Zaragoza, who also was charged with first-degree child neglect.

Mendoza-Garcia’s initial bail was set at more than $1 million, and he was charged with endangering the welfare of a minor, as well.

Corvallis police and the Salem task force of the U.S. Drug Enforcement Agency assisted Albany police in serving the search warrants.

Liles said that after the traffic stop, the driver helped police set up a drug buy with Gallegos-Zaragoza in the parking lot near the Roth’s IGA and McDonald’s off Portland Road in Salem.

Gallegos-Zaragoza was arrested at about 6:30 p.m. Police secured his home in a trailer park off Lancaster Drive until a search warrant was obtained.

Further investigation also led police to a house in the 3900 block of N.E. 39th Avenue.

Early Tuesday morning, police served the search warrants on the residences.

The cash was found at Gallegos-Zaragoza’s home.

Police forced open the door on Mendoza-Garcia’s 39th Avenue residence and found the meth.

Liles said an Albany dealer would typically purchase an ounce of methamphetamine for about $1,000, but broken down into user amounts, the value would be much higher. Read more about Traffic stop leads to drugs, arrests