Illegal alien charged with DUI after fatal crash, P.2

In our previous post, we began looking at a recent DUI crash which led to the death of John Zupan, founder of Zupan's Markets in Portland. The defendant now faces DUI, second-degree assault, reckless driving, and other charges.

We noted last time that the city of Portland and the rest of Multnomah County have a "sanctuary" policy toward illegal immigrants since 1989. Under that policy, police do not question criminal defendants about their immigration status unless the incident involves a drug arrest, which is a federal mandate. Sources said that after the defendant was arrested on Monday night, police continued abiding by this policy.

The defendant was reportedly discovered to be an illegal alien the day after the crash because of a routine Immigration and Customs Enforcement audit. ICE officers found the defendant's name in the county jail's electronic inmate roster and identified him as a potentially deportable alien. Following a personal interview with the defendant, an ICE officer filed an immigration detainer.

Under the immigration detainer, law enforcement officers are required to notify Immigration and Customs Enforcement (ICE) prior to releasing the defendant from custody. After his release from Multnomah County jail, the defendant will go to ICE for further enforcement action.

In a statement released by the Western Regional Communications Director for ICE, it was indicated that the Department of Homeland Security has no prior immigration arrest history on the defendant.

When an illegal immigrant is arrested for a criminal offense, they may face both incarceration and fines for the criminal case as well as deportation for the immigration case. Typically, the immigration case will present more serious consequences than the criminal case. If the defendant in such a situation is lucky, Immigration Customs and Enforcement will ask the District Attorney to drop the criminal charges in order to speed up the immigration case.


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