hhBeen lotsa whining lately about local 287(g) programs ensnaring the “wrong” illegal aliens who are arrested and booked in Mecklenburg County and other jails. OK, let’s see where everyone stands.

Meet Antonia Zamorano Onofre. CMPD arrested Onofre, 29, early this morning and charged him with DWI, reckless driving, and driving with a revoked license. The latter charge indicates that the state has interfaced with Onofre on at least one other occasion over traffic violations. Onofre is currently in the county jail as ICE-trained deputies use the 287(g) program to determine his immigration status.

Should Onofre prove to be in the country illegally, his case will go in the deportation hopper, probably in the form of a notice to appear before a federal immigration judge who, in all likelihood, will order a deportation.

Is this proper? Onofre would only been charged with the traffic offenses, not convicted. Is deporting someone as a direct result of an arrest unfair and capricious? If so, what should be the standard? Only felony arrests? Only convictions? Should 287(g) programs simply not check immigration status upon arrests of any kind? How does that square with traditional police practice that always checks for outstanding charges and violations upon taking a suspect into custody?

Let the whining commence.