U.S. Immigration and Customs Enforcement says it is moving to enforce an existing policy to detain illegal aliens who are arrested on criminal charges.
The policy places aliens “subject to outstanding criminal warrants” as a top priority for detention and removal.
ICE has come under fire in recent weeks following the arrest of Carlos A. Martinelly Montano, who was indicted on a murder charge after allegedly driving drunk during an Aug. 1 crash that killed one nun and injured two others in Prince William County.
Montano has two previous DUI convictions. After his second arrest, he was detained by ICE, but then released on his own recognizance pending a deportation hearing.
Now, an ICE official said, the agency is moving forward to apply a policy — outlined in a June 30 memorandum — that makes aliens with criminal arrest warrants a priority. That encompasses suspected aliens with any criminal warrant, the official said.
After Montano’s most recent arrest, immigration officials said his drunk driving arrests weren’t enough to merit detention in past cases.
Other high-priority groups include illegal aliens who are suspected of terrorism, convicted of crimes or are deemed a risk to public safety, the policy says.
“Aliens who are criminals, public safety threats and fugitives are a main focus for the agency,” ICE spokeswoman Cori Basset said Monday. “That includes aliens convicted of DUI, particularly those already ordered to leave the country.”
Montano, 23, was indicted last week on charges of felony murder, maiming resulting from drunk driving, and driving with a revoked license.
Authorities say Montano was intoxicated when the Subaru Outback he was driving hit a guardrail, then collided head-on with the Toyota Corolla carrying three nuns on Bristow Road near Wright Lane.
Sister Denise Mosier, 66, of the Benedictine Sisters of Virginia, was killed in the crash. Sisters Charlotte Lange, 75, and Connie Ruth Lupton, 70, were seriously injured.
Police originally charged Montano with involuntary manslaughter, drunk driving and driving with a revoked license.
He could receive up to 40 years in prison on the new charges.
Montano served 20 days in jail after a DUI arrest in 2008. He was also found guilty of drunk driving in 2007. In that case, Montano’s license was suspended but he did not serve time in jail.
