02cImmigration.jpg

Lake County Sheriff Daniel Dunlap, far right, makes a point as Geauga County Sheriff Daniel McClelland, far left, and Ashtabula County Sheriff Billy R. Johnson, center, listen as they answer questions about immigration at the Geneva VFW Hall in Geneva on Tuesday, Dec. 1, 2009. Dunlap released a statement Friday defending his deputies' actions the night they encountered Juan Razo, an illegal immigrant now in jail on suspicion of murder.

(Plain Dealer file photo)

Juan Emmanuel Razo

CLEVELAND, Ohio -- The sheriff of Lake County said in a statement Friday that current policies pertaining to detaining and deporting people suspected of being in the country illegally are hindering the jobs of local and federal authorities.

At the same time, Sheriff Daniel Dunlap has confirmed that Juan Emmanuel Razo -- an admitted illegal immigrant from Mexico now in jail on suspicion of a killing, a shooting and an attempted rape -- previously tried to cross the border from Mexico into the United States.

The statement, posted on the Lake County Sheriff's Office's Facebook page, says that "current rules and regulations are making it extremely difficult for any police officer on the street to know which laws they can or cannot enforce in the area of undocumented persons."

The sheriff, a Republican, suggests that every law-enforcement agency should "employ the probable cause standard to every encounter so that we at the local level may have the authority to detain undocumented persons.

"Permit Border Patrol agents and Immigration authorities to issue detainers/holds without the risk of being sued by suspects and third parties," the sheriff wrote. "In short, all law enforcement wants today is to do what we are entrusted to do by our citizens, and that is keep them safe!"

Dunlap's statement is an attempt to defend the actions of his deputies the night of July 7, when they approached Razo, 35, after finding a car parked near the Casement Club golf course. It says deputies "did everything they legally could have done" in an attempt to detain Razo after he admitted he was in the country illegally.

The Department of Homeland Security, which oversees the border patrol, said in a statement Wednesday that deputies declined an offer from agents to drive to Lake County to interview Razo.

Dunlap says this is untrue.

The encounter happened 20 days before authorities say Razo killed 60-year-old Margaret Kostelnik, shot a 40-year-old woman and tried to rape a 14-year-old girl. All three incidents happened Monday near Helen Hazen Wyman Park in Painesville.

Razo is in the Lake County Jail on $10 million bond.

The sheriff's office, in statements from Dunlap and in reports and recordings from July 7, said deputies called border patrol agents. The agents tried to interview an uncooperative Razo by phone before saying they would not travel to Painesville or issue an order to hold him in jail for being undocumented.

Dunlap's statement again says that Razo was "extremely nervous, sweating profusely, and making every attempt to avoid eye contact."

The statement says, "although no crimes were discovered (i.e. burglary, theft, vandalism), and subsequent data base inquiries showed no criminal history, his behavior alone would have in other circumstances been considered probable cause to detain Razo for further investigation. The deputies had more than mere suspicion, but less then certainty, that Razo was an undocumented person."

Crossing the border



In a separate interview, Dunlap said Friday that he has been made aware of past attempts by Razo to cross the border between Mexico and the United States.

"I do not have official notification of the details of his crossings," Dunlap said. "But I have been made aware that through a number of years, he attempted to enter the country and he was turned back."

It was not immediately clear Friday when these attempts were made or when Razo successfully entered the country. Dunlap has said Razo has been in the U.S. for "a number of years."

Razo admitted in a court hearing Tuesday that he is an illegal immigrant.

Hispanic advocacy group HOLA Ohio has said Razo was trying to obtain legal status, though, and has been "'standing in line' for his green card for over 12 years."

To back up this claim, the group's public relations team on Friday released a copy of a March 2003 form in which Razo's father, Rodrigo Razo Cordova, attempts to prove that his son is a blood relative. Razo Cordova is believed to be a lawful resident of the U.S. who has lived in the country for more than four decades.

The website of U.S. Customs and Immigration services says that form, known as Form I-130, is "only the first step in helping a relative immigrate to the United States.

"Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident," the website says.

New policies

Dunlap's statement marks the first time the sheriff has weighed in on how the Obama Administration's recently enacted immigration policies might have affected his office's previous encounter with Razo.

Those policies, formalized in November, attempt to push Homeland Security toward using its resources for the worst cases involving illegal immigrants, including detaining and deporting violent criminals, those believed to be involved in gang activity, those who have been deported in the past or those who are threats to national or border security.

The policies are expected to be hotly contested during the next presidential election, especially in light of recent criminal actions believed to be committed by illegal immigrants. This includes a case in San Francisco, where a man who had been deported from the United States five times is accused of murdering a 32-year-old woman on a pier.

Dunlap's statement, though, says that he is speaking for "law enforcement across our Country."

The sheriff, in another interview Friday, said he "felt good" after leaving the office and issuing the statement.

"I had supported my officers for doing the right thing, I had supported my agency and its integrity and I also tried to make a statement for a broader impact for my fellow sheriffs, police chiefs and even federal authorities who are confronted with this issue," he said.