Federal authorities have opted not to initiate deportation proceedings against Yadkin County resident Martin Rodriguez and at least six other immigrants arrested during a rally in Charlotte this week, immigration attorneys and jail officials said Wednesday.
But Rodriguez, who is not authorized to be in the United States, remained in the Mecklenburg County Jail on Wednesday evening on misdemeanor charges related to the rally because he refused to sign paperwork for his own release, said jail officials, citing a note in Rodriguez's file from the magistrate.
It is unclear why Rodriguez refused to sign the paperwork. His sister, Silvia Rodriguez, 18, who heard about her brother's refusal from a reporter, guessed that he may have done it as a sign of solidarity with others who were arrested.
"Do you know if everyone is getting released? It could be that he doesn't want to come out until everyone comes out," she said.
Martin Rodriguez, 20, was one of 15 protesters arrested Tuesday after they and a crowd of about 300 protesters held a sit-in rally near Central Piedmont Community College. Most were initially charged with misdemeanor disorderly conduct and impeding traffic, police said.
If Rodriguez does not sign paperwork to get out of jail, he could stay there until his misdemeanor charges are heard in court. A court date was not available Wednesday afternoon on the jail website.
His immigration status and misdemeanor charges are separate matters because being in the U.S. without authorization is a civil offense, not a criminal offense, and it is handled by U.S. Immigration and Customs Enforcement. Ivan Ortiz-Delgado, an ICE spokesman, explained why the federal agency sometimes opts not to detain illegal immigrants.
"ICE is focused on sensible, effective immigration enforcement that prioritizes efforts first on those serious criminal aliens who present the greatest risk to the security of our communities, not sweeps or raids to target undocumented immigrants indiscriminately," Ortiz-Delgado said in an email.
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