Too little, too late

An Immigration and Customs Enforcement report made public Friday, after months of pressure from the conservative group Judicial Watch, concludes that new federal immigration policies would have prevented the release of an illegal immigrant who was subsequently charged with killing a nun in an alleged drunken driving accident.

The report is unlikely to calm the debate spurred by the death in Prince William County over illegal immigration. Judicial Watch President Tom Fitton charged Friday that ICE, after delaying the release of the report for months, has scrubbed it of details embarrassing to the Obama administration.

"An innocent person lost her life because local police officers and immigration officials couldn't be bothered to enforce and obey the law," Fitton charged.

Carlos Montano, 23, who arrived in the United States from Bolivia with his family as a 9-year-old boy, is awaiting trial in Prince William County for involuntary manslaughter. Authorities say he was drunk and caused the August 2010 crash that killed Denise Mosier, a Benedictine nun, and injured two other sisters.

The case fueled nationwide debate over the ICE bureau's immigration policy, especially in Prince William County, where immigration has become a flashpoint. Activists who support strict enforcement of immigration laws wanted to know why Montano hadn't been detained or deported for previous drunken-driving arrests in 2007 and 2008 and a reckless driving conviction earlier in 2010.

According to the report, federal policy at the time of Montano's first arrest was to avoid detaining illegal immigrants whenever possible because of a lack of existing beds. The report also described how officials had deemed him "not a flight risk" because he regularly showed up for court appearances. After a DUI charge in 2008, instead of jail time, he was fitted with a GPS tracking device and released. In 2009 he was arrested for driving without a license and reckless driving but local police did not communicate with immigration authorities.

Current policy calls for ICE to focus on detaining illegal immigrants with a criminal record who pose a threat to public safety. "Under the priorities outlined in this memorandum, Montano likely would have been detained for three reasons, namely that he was: (1) a convict; (2) a repeat offender; and (3) a demonstrated danger to public safety," according to the report.

ICE says it has dramatically increased the number of beds dedicated to holding immigration detainees, especially in the Washington area, where 500 beds were added last year. Also last fall ICE implemented the new "Secure Communities" program, an electronic system that compares fingerprints gathered by local law enforcement agencies against criminal and immigration databases, allowing the agency to more easily identify illegal aliens charged by local authorities.

Still, ICE says it can't hold every illegal immigrant charged with a crime, even potentially dangerous crimes like drunken driving. "Nationwide, however, ICE simply does not have the funding that would be required to detain all aliens charged with or convicted of DUI offenses," according to the report.

Prince William County officials and Judicial Watch had been waiting for months to see the ICE report. Each filed a lawsuit demanding access to the report after Freedom of Information Act requests were unsuccessful.

"Most Americans expect illegal aliens to be caught and deported. To use the excuse that 'We don't have enough beds' is so pathetic," said Judicial Watch President Fitton, who accused the Obama administration of having a "never ending supply of reasons" it won't detain illegal immigrants. This is consistent with the administration's lawsuit to "stop the State of Arizona from enforcing SB 1070, a get-tough illegal immigration law that mandates that local law enforcement officers cooperate with federal immigration officials."

The report, though, indicates that ICE agents initially decided not to detain Montano in 2008, when George W. Bush was still president. Fitton allowed that the Bush administration "has got some answering to do, too."

Prince William County Executive Corey Stewart, who has criticized what he perceives as lax federal immigration enforcement, said in a statement Friday night the report leaves many unanswered questions. Stewart said the report "... indicates that ICE is, in fact, releasing dangerous criminal illegal aliens instead of deporting them."

The Washington Post reported last August that the day after the accident Montano's parents came to the St. Benedict Monastery to apologize. Alejandro and Maria Martinelly stood sobbing on the front steps, admitting that their son was a heavy drinker and that they had tried but failed to set him straight.

The family had hidden the keys to their Subaru Outback to prevent Montano from driving, but after an early morning binge he found the keys hidden in a closet and left. He later crossed a median and hit the car carrying the three nuns. Sub-prioress Andrea Verchuck told the Post that the couple "looked contrite" and "we wanted to let them know we hold no grudges."

The Associated Press contributed to this report.

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