On July 31, 2019, a sheriff’s office called U.S. Immigration and Customs Enforcement (ICE) for assistance in the identification of individuals during a traffic stop in Vinton, Iowa. A deportation officer with ICE responded and established that two individuals were previously deported illegal aliens. One individual was taken into ICE custody.

Daniel Espinosa Rodriguez, an illegal alien from Mexico with two prior removals, was taken into ICE custody. Rodriguez received a final order of removal from a federal immigration judge in March 2017 and was removed in April 2017. He illegally re-entered the U.S. in June 2017 and was again removed that month. He will remain in ICE custody pending transfer to the U.S. Marshals Service to face criminal prosecution for illegal re-entry.

Also encountered at the scene was Anders Jose Anders, an illegal alien from Guatemala, who has also been removed from the U.S. previously. Anders was removed under an expedited removal order in 2013 and then illegally re-entered the U.S. in 2018, when he was arrested again. Since then he’s been checking in with ICE while additional proceedings are underway in his case. He was released at the scene of the Vinton encounter.

In general, an illegal alien who adheres to an order of supervision and reports to an ICE office on a required schedule would not necessarily be taken into custody.

Illegally re-entering the U.S. after being deported is a felony offense.

Neither of these two individuals has legal status in the United States.

 

ON BACKGROUND:

·          Depending on an alien’s criminal history, an alien who re-enters the United States after having been previously deported commits a felony punishable by up to 20 years in federal prison, if convicted.

 

·          All enforcement activities are conducted with the same high level of professionalism and respect. Racial profiling is simply not tolerated, and any indication of racial profiling is treated with the utmost scrutiny and is fully investigated.

 

·          Aliens processed for removal may receive their legal due process from federal immigration judges in the immigration courts, which are administered by the Executive Office for Immigration Review (EOIR). EOIR is an agency within the U.S. Department of Justice, and is separate from the U.S. Department of Homeland Security and ICE. Immigration judges in these courts make decisions based on the merits of each individual case. ICE officers carry out the removal decisions made by the federal immigration judges. For more information on EOIR, visit: https://www.justice.gov/eoir/

 

·         Expedited removals occur when a non-U.S. citizen is denied entry into the United States and is physically removed, usually from a U.S. port of entry.  Expedited removals carry the same legal consequences as a removal (deportation).



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