Judge sets trial date for illegal immigrant shackled during birthing process

Wednesday, May 26, 2010 at 3:29pm

A U.S. District judge has set a trial date in the case of the illegal immigrant who gave birth while in custody of the Davidson County Sheriff’s Office.

Attorneys for Metro and Juana Villegas agreed to a case management order filed Monday that sets deadlines for various filings through the summer and fall. A separate motion asked U.S. District Judge William J. Haynes Jr. to set a trial date for March of next year.

Haynes signed those orders Wednesday, setting the trial date for Tuesday, March 1, 2011. The final pretrial conference is set for Valentine’s Day.

Villegas’ story made national headlines after a Berry Hill police officer pulled over Villegas July 3, 2008, for allegedly changing lanes without a turn signal. Villegas was nine months pregnant at the time and on the way to a doctor’s appointment. Her three children — 2, 11 and 14 — were also in the car at the time.

She was taken into custody for an immigration violation when the officer checked her citizenship using the controversial 287(g).

Villegas gave birth three days later at Metro General Hospital while in guarded custody of the Davidson County Sheriff’s Office — shackled to her bed at times during labor, following the birth and during her recovery.

A guard on duty just before she gave birth released her from shackles while he was on duty, according to court filings, but she was later restrained again.

In a subsequent lawsuit, she claims her rights to due process were violated and that she was subjected to cruel and unusual punishment.

Villegas filed suit in U.S. District Court for the Middle District of Tennessee last March, naming Metro, the DCSO and the U.S. Department of Homeland Security as defendants. Homeland Security oversees the Immigration and Customs Enforcement office, which implements 287(g).

The DCSO has used the 287(g) for the past three years. It allows local law enforcement to screen the immigration status of anyone arrested.


 

13 Comments on this post:

By: Cookie47 on 5/26/10 at 3:11

She should have given birth in Mexico since she's illegal. Three days is enough time to ship her butt back before the baby was born.

Cookie47

By: justice101 on 5/26/10 at 3:35

Her rights to due process were violated???? As an illeagal alien she has no rights to any due process! everyone keeps whinning about the illegal aliens civil liberties being violated by this Arizona law...... Wake up America! They are not citizens! They don't have any civil liberties! Don't argue with me about it, it's the law! Am I sorry for her situation? Of course! But she has no legal standing with the due process claim. Maybe if we send her back, then others will think twice about comming over here just to have kids! This has gone on too long and has grown way too big to just keep ignoring like it doesn't happen! Wake up!!!

By: Maestra on 5/26/10 at 5:02

I wonder how the above commenters think it's okay to speak about and treat other human beings this way. I'm sure they consider themselves Christians as well. WWJD?

By: bfra on 5/27/10 at 5:11

Maestra - What part of illegal do you not understand? This woman had already been deported once and came here illegally AGAIN. Had she kept her rear on legal ground, this would not have happened. If she had been an American, illegally in Mexico, under the same circumstances, how do you think she would have been treated?

By: dustywood on 5/27/10 at 6:11

I know someone from a European country who wanted to come to the state, get a visa and work. Maybe even become a citizen. But due to no highly prized skills other than a reliable and hard worker, he did not qualify. He had visited several times in the USA, and could have "slipped" away into the crowd. But he wanted to do this legel.
I know that I can not go to his country and work, even to teach the American English language without a permit. To stay somewhere I have to show my passport.
So why must the USA be any more kind to illegals of any nationality. And why can they sue us. Go back home or become legal. If you do not like your country of birth, then work to change it. Don't keep breaking the laws of the land you claim to want to live in.

By: d4deli on 5/27/10 at 10:05

This case reminds me of discipline. We don't follow through, and then we are overwhelmed. Illegal, is illegal, and as such, this woman is in this country illegally. That is a crime. There should be no rights through our court system for this woman.

But now, we have paid for the birth of her other three children (who are now considered US citizens), and we just paid for her fourth. We, as taxpayers, support her and her family of 4, and now we are paying for all her court costs. In the end, she may win her case, and we will pay for that. Unless we do what we say we'll do, there will be no end to the immigration of illegals. Where is the system that was once in place that required a sponsor to sponsor individuals until they were naturalized? Oh, I suppose that is too old school. It probably hasn't been used since the 50's or 60's. Sad.

By: interest of point on 5/27/10 at 10:42

Through this news article we can be given whatever that class of racists exists in Tennessee, well-taken care of Tennessee because the racists are terrorist, and they protect themselves in name of justice to repudiate the atrocities that commit, are so toxic cerebrally that disowning of racism that takes in the blood not it allows them to have humanity so that they do not put in the Feet of Juana Villegas, and later comment this is the problem of badly a migratory system that reigns in the country, and people immigrate to the United States by the corrupt situation, and the bad policies that apply their governments by consultant's office of foreign policies from the United States to our regions of Latin America and result is that people emigrate to here by law of the Roared one are not mistaken repugnant segregating racists this took to them to contract cancer, and to follow itself intoxicating but of its cruel brains.

By: Cookie47 on 5/27/10 at 11:14

Interest of Point,

Now that you've written the Star Wars Yoda version, can we get the unbroken English version?

By: cmarcus45 on 5/27/10 at 11:17

interest of point, what the hell are you talking about? This has nothing to do with race. If Canadians were doing what Mexicans are doing, then I suspect there would similar outcry. Every country regulates its borders and entrants for a reason. Illegals, regardless of race or ethnicity, put a drain on almost every facet of society, including the economy, the educational system, the tax system, entitlement programs, etc.

By: cmarcus45 on 5/27/10 at 11:19

. . . and to follow up on that point, because of this one illegal lady's actions, we have used valuable taxpayer-funded resources that legal visitors or citizens need, from healthcare to the court system.

By: fallwheretheymay on 5/27/10 at 11:37

Maestra - Really? WWJD? I think we are commanded to obey the laws for one (Titus 3:1). Why is this a religious question? Are Christians responsible for the persecution of immigrants? Where is that happening?

And 'interest of point'; you're not being charged per sentence here. Use a period once in a while.

By: MetalMan on 5/28/10 at 9:27

How come an illegal beaner has a right to due process? We have a right and an obligation - responsibility - to ship her back to Mexico where she belongs. We shouldn't be tieing up the court's time with this crap.

By: trebor11 on 8/28/10 at 11:57

Hi, I wish to answer to the IGNORANT "justice 101" posting a comment on May 26, 2010 at 4:35, to wit:

"By: justice101 on 5/26/10 at 4:35
Her rights to due process were violated???? As an illeagal alien she has no rights to any due process! everyone keeps whinning about the illegal aliens civil liberties being violated by this Arizona law...... Wake up America! They are not citizens! They don't have any civil liberties! Don't argue with me about it, it's the law! Am I sorry for her situation? Of course! But she has no legal standing with the due process claim. Maybe if we send her back, then others will think twice about comming over here just to have kids! This has gone on too long and has grown way too big to just keep ignoring like it doesn't happen! Wake up!!!"

First and foremost, 3 misspellings are worth pointing out: 1) illeagal, 2) whinning, and 3)comming.

Second, this ignoramus certainly has no concept what a violation of due process is and most certainly what is due process under the United States Constitution. Most likely he doesn’t even know what amendments were violated by the Cop in this particular instance or by Juana Villegas.

Of course he doesn't post his name and for all we know may be a descendant of some foreigner as we are a country made by foreigners. One never knows, but (as usual) from behind the scenes he makes "ignorant" comments which I am surprised by it as his name in this forum is "justice 101"! If his name were to describe him and his comments, there is no question in my mind that this individual is... without a doubt... exactly as the rear end of the democratic symbol… if you know what I mean!

In any event, obviously driven by "ignorance" this ignoramus poor soul contends as follows: "Of course! But she has no legal standing with the due process claim. Maybe if we send her back, then others, will think twice about comming over here just to have kids!”

I am personally flabbergasted by the millions of ignorant individuals such as “justice101” that feel brave enough to make comments about illegal immigrants because none of this ignoramus ever addresses the issue correctly. See Plyler v. Doe, 457 U.S. 202 (1982), (class action law suit brought on behalf of Mexican children who had entered the United States illegally and resided in Texas).

The United States over the years before 2008 economic disaster had been growing at a rate requiring 450,000 low or entry level jobs per year. The US government had been issuing H-3 visas during the same period for this lower type of jobs (harvesting, cleaning, maintenance, etc) about 45,000 visas a year. Therefore a short fall of 405,000 visas is notably missing. These jobs are not filled by individuals having the right to work in the country because they are extremely low wage paying jobs which translate into gross salary with an average of $1,200.00 per month and a net salary of perhaps $850.00. Notwithstanding, US businesses in need of filling these jobs hire undocumented aliens because they are the ONLY ONE applying for them!
Often times a US citizen or authorized worker would collect unemployment or receive welfare rather than work and earn a net salary of $850.00 per month. Mindful of this situation very few Americans are knowledgeable of the situation of an undocumented alien (Illegal as they are referred to) and their struggles to survive in a society as this one. Right after P.L. 99-603 (Public Law 99-603 or Amnesty as is often referred too) many undocumented workers begun creating a record of working in the USA albeit being undocumented aliens. So what does this mean? They create a phony social security number and use this number to work. Of course the number does not match any records with the U.S. Social Security Administration (“SSA”) (meaning the number will never match the real name if that number has already been issued). Nonetheless, these undocumented alien workers pay taxes which are deducted by the employer knowing that he will never receive any benefits because it is not a real Social Security number.

So the next question is: Does anybody know the amount of money pay to the Social Security and IRS by undocumented aliens each year? The Social Security Administration who is responsible for reporting on a MONTHLY basis to Congress shows that these payments are about 7 to 8 Billion dollars per month. In fact the SSA is supposed to report to Congress so Congress is fully aware of this issue yet they look the other way! Why? Because 7-8 Billion dollars are being paid by undocumented (illegal) aliens each month! In fact the “Suspense Account” at the IRS holding funds paid to it by undocumented (illegal) aliens is now nearly $800.00 BILLION dollars. I wonder where the money is?

So… Mr. “justice101” I would suggest that before spouting ignorance to the populous you learn your facts first and then think carefully what you say. In any event, whether legal or illegal the “stupidity” of that brilliant police officer has already cost taxpayers millions of dollars and it hasn’t end yet! The woman was pregnant! She and the baby should have been considered first Mr. ignorant police officer! A citation for a hearing before the appropriate Court to present evidence that she is authorized to drive would have been appropriate, but then you have to ask yourself… what was that police officer’s education and training to make the difference and appropriateness of the action to take?

Trebor Caros
Los Angeles, CA