A Mexican man had been deported nineteen times from the US, forcibly and voluntarily. Yet, he now faces charges of raping a 13-year-old girl in Kansas.
Thomas Martinez-Maldonado, 38, is accused of raping a 13-year-old girl on a Greyhound bus that was traveling through Kansas.
The Witchita Eagle reports:
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.”
According to records obtained by the AP, Martinez-Maldonado removed himself at least eight times before he was deported in 2010, followed by another voluntary removal later that same year. He was then deported another five times between 2011 and 2013.
The Witchita Eagle reported, “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,” the report continued. “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.”
Now, the question that we should be asking at this point is, does deporting work? In this man’s case, it is clear it does not. After all, he left nine times voluntarily and was forcibly deported ten more times. Yet, what other penalty would be imposed on him that would be just?
How will a wall or anything else actually stop a person so set on entering our country? The fact is that nothing can stop anyone willing to risk their life to enter the country, whether they intend to do good or evil.
As I am a defender of God’s law being used, I can’t say that the death penalty would be applicable here for being an illegal immigrant. However, I do believe that if he is convicted or confesses to the charges against him concerning rape, then he should face public execution.