Mexican man charged with rape had 19 deportations, removals


Repeat illegal alien offender Tomas Martinez-Maldonado/Photo from Geary County Detention Center

From The Wichita Eagle: A Mexican man accused of raping a 13-year-old girl on a Greyhound bus that traveled through Kansas had been deported 10 times and voluntarily removed from the U.S. another nine times since 2003, records obtained by The Associated Press show.

Three U.S. Republican senators — including Kansas’ Jerry Moran and Pat Roberts — demanded this month that the Department of Homeland Security provide immigration records for 38-year-old Tomas Martinez-Maldonado, who is charged with a felony in the alleged Sept. 27 attack aboard a bus in Geary County. He is being held in the Geary County jail in Junction City, which is about 120 miles west of Kansas City.

U.S. Sen. Charles Grassley, from Iowa and chairman of the judiciary committee, co-signed a Dec. 9 letter with Moran and Roberts to Homeland Security Secretary Jeh Johnson, calling it “an extremely disturbing case” and questioning how Martinez-Maldonado was able to re-enter and remain in the country.

U.S. Immigration and Customs Enforcement said it has placed a detainer — a request to turn Martinez-Maldonado over to ICE custody before he is released — with Geary County. ICE declined to discuss his specific case beyond its October statement regarding the 10 deportations.

Court filings show Martinez-Maldonado has two misdemeanor convictions for entering without legal permission in cases prosecuted in 2013 and 2015 in U.S. District Court of Arizona, where he was sentenced to serve 60 days and 165 days respectively.

A status hearing in the rape case is scheduled for Jan. 10. Defense attorney Lisa Hamer declined to comment on the charge, but said, “criminal law and immigration definitely intersect and nowadays it should be the responsibility of every criminal defense attorney to know the possible ramifications in the immigration courts.”

Nationwide, 52 percent of all federal prosecutions in the fiscal year that ended Sept. 30 were for entry or re-entry without legal permission and similar immigration violations, according to Transactional Records Access Clearinghouse at Syracuse University.

It’s not unusual to see immigrants with multiple entries without legal permission, said David Trevino, a Topeka immigration attorney also representing Martinez-Maldonado. Most of Martinez-Maldonado’s family lives in Mexico, but he also has family in the United States, and the family is “devastated,” Trevino said.

“(President-elect Donald Trump) can build a wall 100 feet high and 50 feet deep, but it is not going to keep family members separated. So if someone is deported and they have family members here … they will find a way back — whether it is through the air, under a wall, through the coast of the United States,” Trevino said.

He declined to comment on his client’s criminal history and pending charge.

Records obtained by AP show Martinez-Maldonado had eight voluntary removals before his first deportation in 2010, which was followed by another voluntary removal that same year. He was deported five more times between 2011 and 2013.

In 2013, Martinez-Maldonado was charged with entering without legal permission, a misdemeanor, and subsequently deported in early 2014 after serving his sentence. He was deported again a few months later, as well as twice in 2015 — including the last one in October 2015 after he had served his second sentence, the records show.

ICE said in an emailed statement when it encounters a person who’s been deported multiple times or has a significant criminal history and was removed, it routinely presents those cases to the U.S. attorney’s office for possible criminal charges.

Cosme Lopez, spokesman for the U.S. attorney’s office for the District of Arizona, declined comment on why prosecutors twice dismissed felony re-entry after deportation charges against Martinez-Maldonado in 2013 and 2015 in exchange for guilty pleas on misdemeanor entry charges.

Arizona ranks third in the nation — behind only the Southern District of Texas and the Western District of Texas — for the number of immigration prosecutions among the nation’s 94 federal judicial districts for the fiscal year that ended Sept. 30, TRAC records show.

Moran told the AP in an emailed statement that the immigration system is “broken.”

“There must be serious legislative efforts to address U.S. immigration policy, and we must have the ability to identify, prosecute and deport illegal aliens who display violent tendencies before they have an opportunity to perpetrate these crimes in the United States,” he said.


9 responses to “Mexican man charged with rape had 19 deportations, removals

  1. It’s obvious Obama has just ‘opened the door’ for these type of individuals. No more when Trump is in office. That door will shut.

    Liked by 2 people

  2. Kevin J Lankford

    I can only wonder; was there not any one else on the bus? I know there had to at least be a driver,….but then he may have been an illegal mexican also.

    Liked by 1 person

    • Back in the mid-90s a 13 years old girl in the school band was raped by some football players on the school bus coming back from a game, in north Florida. Nobody told the bus driver. All scared to “get involved”. The chicken-shit States Attorney (prosecutor) said they couldn’t prosecute the case because they didn’t know what County the bus was in at the actual time of the rape. The girl’s mother sued the county & school board, got a pay-off, moved away, and the whole thing was swept under the rug.
      This is what has happened to our Justice System.

      Liked by 1 person

  3. More proof that Liberalism is a Mental Disease.
    If you do not enforce the Law, there is no respect for the Law, and a loss of respect for all Laws.
    We as rational Americans are insane for putting up with it. Even for this long. Trump better come through for America on this Criminal Invader problem, or the people will start fighting back. And I think Trump will, but both the Lib Dems and the RINOs are going to fight him tooth and nail.
    BUT, he will be the Chief Executive; the Chief Law Enforcement Officer, he can enforce the laws on the books as he sees fit. Obama saw a chance to ruin America and build up the Dem/Socialist Party by not enforcing the laws, and Bush and Clinton were real lackadaisical about enforcement because their Donors wanted cheap labor. Now the pimple has turned into a cancer and metastasized. It will take ‘radical surgery’ to get it out, but it must be done.
    People are either here legally of not. If not, deport them. If Congress wants to give them preference to come back, then let them hammer out the law to allow it. But first they need to clarify the Welfare Laws that only citizens qualify foe welfare. Even legal immigrants should be deported if they try to go on Welfare.
    The Lib/Prog movement will die when the Voters earn their living rather voting for it.

    Also this Refugee nonsense has to stop. If Congress wants to subsidize Refugees, let them pass a law and fund the program, but only the funds designated to that program will be spent on it! No more getting them here and then ride the Welfare wagon forever. The system as it is ENCOURAGES immigrants to be dependent on the Lib/Prog Welfare State. That is bad wrong! We are subsidizing the Marxist Alinskyite “Change” into a Communist State run by a Party controlled by Elitists. That is what Trump is up against.
    Welfare to subsidize a dependent class of “new voters” to ‘fundamentally change’ our country into a Communist Totalitarian State. The Lib/Progs desperately want to keep the “Dreamers” because they are the new constituency, the new block vote. Black and Hispanic Citizens are starting to see the false promises and the financial trap of the Democrat Plantation. Also the Christian and Family oriented people, as well as the ambitious, correctly see the Lib/Prog New World Order as destructive to them.

    Liked by 1 person

    • Longknife 21 .. . you have brought up most of the very basic problems that we are living with today, as usual your contribution is exceptionally well written!

      DCG .. . excellent post!

      Liked by 1 person

    • AGREE Longknife—most of my ancestors have been in this country since Jamestown (1607/8) or some early years following…..BUT…I have ONE recent (1906) immigrant from Northern Italy (on the Swiss/Italian border…of German-speaking Swiss heritage, but Italian citizenship) who came through Ellis Island. His papers show not ONLY where he was legally coming from…but he also had to PROVE that he had his own place to go to (an address where he was going to spend the next days on American soil) ..a job to go to…and a certain amount of money in his pocket , & would NOT be a burden upon the American public/tax system….AND, a pledge by his “sponsor” that, if he became a burden to the US tax payer….he/she would step in and shoulder the financial cost. He also had to pass a health examination to make sure he was not entering the country with an illness that would threaten anyone else with whom he was in contact…

      Pretty much, I don’t think even most people of Trumps’s supposed “extreme vetting” could gain entry into the USA today by these standards…esp. NOT the thousands of Middle East refugees…Central Americans….Chinese who come in onto our West Coast ports in shipping containers…and SO ON…

      People who claim “our immigration system is broken” are RIGHT—especially if you look back on the “extreme” vetting that USED to take place for people who hoped to gain entry into our country to begin the road to US Citizenship. These days…you just sneak across a flimsy border….you travel to give birth a few degees latitude above a certain place–and then your baby is an American citizen….and YOU…all your 350 “relatives” have a “relay” or “anchor” into this country for generations to come…and, you and yours fall under a ‘favored status” in the present politically correct world…

      It seems to me that, in the name of earning a political favor or vote, the “price” of American citizenship has been so cheapened as to become laughable not only here in America…but on the world “stage.” But then…the only people who are NOT laughing are those who pay for it all…..middle class American tax payers….of every ethnic stripe and color..the ones who are out there working their buns off every day, trying to pay their own bills, pay for their own kids to “get ahead,” and being dragged down into the politically correct miasma of the “progressive” politics of the day…which is just currently “Obamanism,” but could have easily been “Hillary-ism.” We shall SEE what Trump can eke out of this mess…….I admire his intent…but will NOT desparage him if he can not “right” decades of malpractice at the Executive Branch of the US Government. I just want him to TRY.


  4. How do you immediately identify someone who has time and time and time again come back into our country . . . brand them on the forehead? This joker is certainly crafty.

    Liked by 1 person

  5. Re entering the US after being deported should be a felony, with a 5 year,..’MANDATORY’,..prison sentence.

    Liked by 1 person

  6. I think with stricter laws being enforced may slow down the influx. They have basically been given Carte blanc to do as they please for years now.
    Trump has so many critical issues to deal with when he takes office, I can’t imagine how all of it is going to be handled. We will have to have patience and pray a lot.
    Then we have the shadow government BO and Soros and probably some big bankers and world investors are sitting up. BO claims to be concerned enough to stay in DC so the second girl can finish school there. I wonder if that is the whole truth. It has always been all about him so far.

    Liked by 1 person

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