Cottonwood, Minnesota – She was convicted of killing four U.S. kids and was deported. She’s back.
There’s a certain level of audacity that comes with re-entering the United States after one has already been lawfully deported.
It’s actually quite a common problem for those tasked with maintaining the immigration laws that have been enacted on a federal level, as many individuals who are guilty of entry without inspection often reoffend.
Yet, when someone has been deported after having been found guilty of crimes that compound that of their illegal presence, it makes the reentry all the more egregious. That is the case with a woman who reentered the country after having been found guilty of killing four children on a school bus.
Olga Marina Franco del Cid, a 35-year-old woman from Guatemala, was convicted of killing four American children in a 2008. It was was the result of a school bus crash that happened in Cottonwood, Minnesota.
The case involving the fatalities of school children was not necessarily one that intent was attributed toward. But the mere fact that there was the nerve to reenter the country displays a blatant disregard for the laws of the land as well as a questionable level of remorse for the results of the woman’s carelessness.
The woman was found guilty on a whopping 24 charges back in 2008 that included four counts of criminal vehicular homicide.
The events that led to the copious amount of charges and subsequent convictions happened after she ran a stop sign on February 18, 2008 and killed 13-year-old Jesse Javens, 12-year-old Reed Stevens, nine-year-old Emilee Olson, and nine-year-old Hunter Javens.
It was a careless act committed by someone who honestly never should have been where they were in the first place, leaving family’s torn apart and mourning due to the loss of their innocent children.
The four children Franco del Cid killed were among 28 students on that school bus at the time, while an additional 14 other children were left injured as a result of the crash.
Back in October 2008, Franco del Cid was sentenced to just 12 and a half years for the children’s deaths, which likely stems from the inability to prove any intent to cause harm.
Still, whether or not intent was there, any parent who lost a child due to someone’s reckless behavior would be distraught at the thought that their child’s murderer was only poised to serve 12 years for their death. By April 2016, she had served only eight years in a Minnesota prison and was set free.
When del Cid was released in 2016, she was immediately turned over to the Immigration and Customs Enforcement and was processed for deportation in May 2016.
Ones of the biggest troubles associated with returning someone to their country of origin after releasing them from prison, is that there’s really no one from the country of origin that monitors them once returned, despite having been convicted of crimes elsewhere.
As a result, sometime between late 2016 and 2019, ICE officials said Franco del Cid had managed to return to the U.S. and was living less than three hours away from where she had left those four children dead in 2008.
ICE official Shawn Neudauer made a statement to the local Fox 9 station saying:
“This individual has committed a very serious crime in this state. Beyond serving her sentence, there is a penalty for coming back after you’ve been told you have to leave.”
This week, Franco del Cid was arrested by ICE in Inver Grove Heights, Minnesota and based upon the previous conviction in tow with the reentry, she may face between 10 to 20 years in prison for illegally re-entering the U.S.
Every day it seems we read about an illegal immigrant who was protected by a sanctuary city, or a sanctuary county, or a sanctuary state, and who is subsequently arrested for a violent crime. Immigrations and Customs Enforcement officials are getting tired of it.
This past week, ICE officials blasted a new Colorado law that prevents local jails from keeping people in custody for ICE past their scheduled release dates. The case that has ICE officials so upset involved that of a Cuban immigrant who stands accused of attempted murder after being released from the Arapahoe County Jail last month.
However, officials from the Arapahoe County Sheriff’s Office dispute the claim, stating that their policy has not changed since 2014, and that they notified ICE three hours before the suspect, 37-year-old Osmani Garces-Ortiz was released on bond.
Garces-Ortiz is in the United States illegally, and due to his criminal history, had his bid for permanent residency denied, according to ICE’s field office in Denver. He is now facing charges related to an incident where he tried to kill someone while out on bond.
According to ICE officials, Garces-Ortiz was able to commit the additional crime due to Colorado House Bill 1124, the so-called “sanctuary law” that prohibits police and sheriff’s departments from complying with ICE detainer requests.
ICE had submitted a detainer request on October 25 requesting that Garces-Ortiz be held pending whether ICE would commit him to an immigration detention center.
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ICE spokeswoman Alethea Mock stated in a news release issued this past Wednesday that:
“ICE wants to make it abundantly clear; Arapahoe County was not required to notify ICE regarding Garces’ release under the newly enacted law.”
However, according to Detention Services Bureau Chief Vince Line of the Arapahoe County Sheriff’s Office, they did notify ice at 3:27 p.m. on the date Garces-Ortiz was to be released. He was released from custody three hours later.
When informed about the claim from the sheriff’s office, Smock said that they did notify them of Garces-Ortiz’s detention but not his release time.
The practice of ICE detainers has been somewhat controversial in Colorado and many people say that application of the practice across the state has been inconsistent.
Opponents believe the practice is unconstitutional because they claim there is no probable cause to do so. Some courts have agreed and overturned cases. ICE officials say that cooperation between federal, state and local law enforcement is “critical to public safety and essential to the agency’s mission.”
In September, the acting field director for ICE said that 42 illegal aliens in Colorado and Wyoming had recently been arrested by his officers. John Fabbricatore said that some had criminal records, were facing criminal charges, or were facing final deportation orders.
ICE requests to have criminal, illegal aliens detained in jail were declined by so-called “sanctuary cities” such as Denver and Boulder He claimed that dangerous people were allowed back on the street, and it also makes it difficult for ICE to enforce immigration laws.
Fabbricatore said that he doesn’t expect local police to enforce immigration laws, but that getting some assistance in detaining criminal aliens would help until ICE can process them.
This past May, Colorado Gov. Jared Polis signed House Bill 1124, which took effect immediately upon signing. ICE detainers or holds are requests by federal law enforcement to detain immigrants for up to 48 hours beyond their release date if ICE believes they’re undocumented. The extra time is to give ICE agents time to decide whether the individual should be removed from the country.
In addition to prohibiting cooperation from police and sheriff officials, HB1124 also prohibits probation officers from providing a person’s information to federal immigration officials, and requires Colorado police to advise immigrants of their Miranda rights when coordinating a telephone or video interview with ICE.
The law does still allow police to assist federal immigration officials when executing a warrant from a judge. Since ICE detainers are voluntary requests and are not signed by a judge, they are exempt from this allowance.
The law was passed in the Colorado Senate by a 19-16 vote along party lines. It passed in the Colorado house by a vote of 36-28, with four Democrats and all House Republicans voting in opposition.
Other laws passed that kowtow to immigration activists include SB30, which allows aliens to dismiss their guilty pleas if they were not told prior to pleading that a guilty verdict would harm their immigration status. The new law doesn’t require judges to dismiss guilty pleas, only to consider the defendants’ arguments.
HB1992 requires all Colorado public schools to teach the “history, culture and social contributions of Latinos and other racial minorities,” along with LGBT people and religious minorities. Oh yes, passing such a course is now a condition for high school graduation.
According to the Denver Post, Garces-Ortiz was arrested on Nov. 21 on suspicion of attempted murder, first-degree assault with serious bodily injury with a deadly weapon, first-degree burglary, felony menacing, violation of bail bond conditions, and a violent crime involving the use of a weapon, according to Colorado court records.
Aurora police declined to comment on the case, saying it has already been forwarded to the 18th Judicial District Attorney’s Office for prosecution. A request by the Post for information relative to the case had not yet been received.
In September, Garces-Ortiz was arrested for numerous charges, including suspicion of felony trespassing, violation of bail bond conditions, felony possession of a controlled substance, and violation of a protection order. He was released in October.
He also has numerous prior convictions in Colorado for misdemeanor driving while under restraint, possession of a controlled substance, and harassment, according to court records.
Garces-Ortiz entered the United States illegally in 2008 via Key West, FL. He was granted an immigration waiver and released. The waiver expired in 2012. He applied for permanent residency; however, it was denied in August 2015. The immigration system in the United States is working well.
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