Mexican national sues over immigration hold

Victor Lemus Mendoza, a Mexican national, sat in the Yakima County jail on an immigration hold for more than two weeks before being turned over to immigration authorities.

In a federal lawsuit filed this week, his attorney argues the practice is both common and a violation of civil rights.

When federal authorities arrested Mendoza at his Pasco home on Jan. 13, they planned to file drug charges against him. But that didn't happen. Specifics on the drug case were not immediately available Thursday.

However, the U.S. Marshal's office now says Mendoza should have been turned over to immigration authorities as soon as it was determined that drug charges wouldn't be filed. It blames the delay on a paperwork glitch.

But Mendoza's attorney, George Trejo Jr. in Yakima, said it happens all the time and accuses federal authorities of using immigration holds to avoid the law which states a person can't be held more than 48 hours if charges aren't filed.

"That's the customary practice they follow," he said. "When you're talking 15 days without any action, without talking to a judge, that's ridiculous."

Within 48 hours of his arrest, Mendoza should have either been charged or turned over to immigration authorities, Trejo contends.

"It's our contention that an (Immigration and Customs Enforcement) hold is unconstitutional," he said.

The lawsuit also seeks to allow Mendoza to return to Mexico on his own accord without facing any penalties.

But an immigration hold in itself is a charge, said Lori Dankers, spokeswoman for Immigration and Customs Enforcement in Seattle.

Immigration authorities can put an immigration hold on people here illegally once coming in contact with them, she said.

"Whether criminal charges get filed or not, ultimately he's going to be turned over to ICE," she said.

* Phil Ferolito can be reached at 577-7749 or pferolito@yakimaherald.com.