Federal intervention in recent crimes involving illegal immigrants in North Carolina has drawn renewed attention to the intersection of immigration enforcement and public safety. These cases are now being viewed through the lens of Operation Take Back America, a Trump-administration initiative that prioritizes federal prosecution of noncitizens accused of committing serious crimes on US soil.
Launched by the Department of Justice (DOJ), Operation Take Back America calls for enhanced coordination between US Attorneys, the Department of Homeland Security (DHS), and local law enforcement to target illegal immigrants whose presence in the country pose a criminal threat.
According to the DOJ, the initiative is intended to “take back our communities from violent criminals and lawbreakers who have no legal right to be here.”
Recent high-profile cases in North Carolina have revived the policy’s relevance, including a high profile kidnapping case in Garner.
Garner kidnapping case moves to federal court
On April 28, three masked individuals allegedly broke into a home in Garner, restrained a man with duct tape, and abducted his wife and 11-month-old daughter. The suspects — Eleodoro “Leo” Estrada-Hernandez, 25; and siblings Paola and Miguel Angel Duran Duran — were all later confirmed to be in the country illegally and are currently being held on ICE detainers.
Initially charged in Wake County, the case has since been transferred to federal court. The trio is charged in federal criminal complaints with kidnapping and aiding and abetting. Defense attorney James Payne, who represents one of the accused, argues that the federal government’s involvement constitutes an overreach.
“Had this been any other defendant, more likely than not, the state government would prosecute this case,” Payne told Carolina Journal.
Under federal law, crimes like kidnapping fall under federal jurisdiction when there is probable cause to believe the offense involved interstate commerce or crossed state lines. Prosecutors allege that interstate communication via cell phone during the crime meets the probable cause for interstate commerce.
“The means by which they [the US Department of Justice] adopted it is a longstanding use of interstate commerce laws,” said Payne.
He contrasted this case with others that more clearly fall under federal jurisdiction in his opinion: “I have seen defendant cases like this before involving drugs, racketeering, homicides, but those clearly had interstate connections. Here, there is not a clear link to interstate commerce.”
Payne also expressed concern that the defendants’ immigration status is influencing federal interest in the case. While Payne would not confirm or deny whether the assailants were illegal immigrants, he did confirm that all three were held on ICE detainers due to their immigration status, meaning they are subject to deportation once their criminal procedures are complete.
“It’s a straight up kidnapping case, which is a state offense. Mind you — this is a horrible occurrence. But because there are allegations that the defendants are here illegally, and with that aura going on in our current environment today, the federal government has now adopted it,” said Payne.
Federal immigration enforcement expands across NC
In a separate incident, six illegal immigrants were indicted by a federal grand jury in Charlotte on charges ranging from illegal reentry to firearm possession. According to the US Attorney’s Office for the Western District of North Carolina, several of the individuals had prior felony convictions or deportation orders but had reentered the US illegally.
Also in Charlotte, US Immigration and Customs Enforcement (ICE) in partnership with local law enforcement, arrested 24 illegal immigrants in a targeted operation.
“ICE is focused on smart, effective immigration enforcement that protects the U.S. homeland through the arrest and removal of those individuals who compromise the safety of our communities and the integrity of our immigration laws,” the agency stated in the press release.
According to ICE, six of the 24 criminals had active immigration detainers that the Charlotte Mecklenburg Sheriff’s Office had not honored. There are 18 additional targeted illegal immigrants that also had immigration detainers that were not honored. ICE said they still pose a threat to the public as they have yet to be located.
Amid the Trump administration’s crackdown on illegal immigration, these cases serve as a local example of how national immigration policy is playing out in communities across the country. Federal authorities maintain that immigration enforcement remains grounded in the rule of law.
“Entering the United States without authorization is a violation of federal law, and those who do so may be subject to administrative arrest and, in some cases, criminal prosecution,” said ICE in the press release.