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WEBVTT THEMONTEREY COUNTY JAIL WITHTONIGHT'S TOP STORY.REPORTER: ERIN, DAN, NO ONEWOULD DISAGREE THAT PEOPLECONVICTED OF SERIOUS CRIMES LIKEMURDER, RAPE, EVEN DRUG DEALING,SHOULD BE HIGH ON THE LIST FORDEPORTATION, BUT SOME NOWQUESTIONING WHY SOMEONE WITH ONEMISDEMEANOR CONVICTION IS ONTHAT LIST.CRIMINAL DEFENSE ATTORNEYHERNANDEZ SAYS IN HIS MORE THAN40 YEARS OF LAW PRACTICE, NEVERHAS HE SEEN A CLIENT SUBJECT TODEPORTATION BASED ON AMISDEMEANOR CONVICTION.>> BUT NOW THINGS HAVE CHANGED,THE WHOLE PARADIGM IS DEPORT,DEPORT, DID DEPORT.REPORTER: THAT'S EXACTLY WHATONE OF HIS FORMER CLIENTS IS NOWFACING.19-YEAR-OLD JUAN MANUEL MARTINEZWHO LAST MONTH PLEADED NOCONTEST TO A MISDEMEANOR CHARGEOF TRESPASSING ON MONTEREYCOUNTY JAIL PROPERTY.THE DAY HE WAS SET TO BERELEASED FROM JAIL, A FEDERALICE AGENT WAS THERE AND TOOK HIMINTO CUSTODY.>> THE THIS WAS SUCH A MINOROFFENSE.IT HAD BEEN A ROBBERY ORSOMETHING, YOU KNOW, HURTINGSOMEBODY OR ASSAULT, THAT MIGHTBE DIFFERENT, I CAN UNDERSTANDSENTIMENTS.BUT OVER SOMETHING AS TECHNICALAS THIS, I DON'T UNDERSTAND WHYPEOPLE WOULD BE RABID ABOUTDEPORTING THIS GUY, I JUSTDON'T.REPORTER: MARTINEZ ALSO FALLSUNDER THE DREAMER ACT BECAUSE HECAME TO THE U.S. AS A CHILD.HIS DEFENSE LAWYERS SAID HE WASON THE PATH TO CITIZENSHIP.BUT MARTINEZ BROKE THE LAW ANDWHEN HE WAS ARRESTED HE WAS ININ POSSESSION OF METH AND POT.THOSE CHARGES WERE LATER DROPPEDAND WHEN DEPUTIES ASKED HIMDURING THE BOOKING PROCESSWHETHER HE OR FAMILY MEMBERSWERE INVOLVED IN GANGS, HE SAIDYES.BUT NEVER SPECIFICALLY SAID HEWAS, ACCORDING TO HIS ATTORNEY.>> I'M HOPING THAT THE JUDGEWILL FINE THAT THIS IS A MINORINCIDENT AND NOT DEPORTABLE.>> UNFORTUNATELY, IT LOOKS LIKEWE WILL SEE A LOT MORE OF THESETYPES OF CASES.REPORTER: TRUMP RAN FORPRESIDENT ON THE PROMISE TODEPORT CRIMINALS WHO ARE IN THECOUNTRY IT LILLY, SAYING THEYPOSE A THREAT TO PUBLIC SAFETY.BUT CRITICS SAY HISADMINISTRATION IS REACHING TOOFAR.>> WE ACTUALLY HAVE SEEN THE ICETHEMSELVES HAVE REPORTED THATTHEY HAVE REQUESTED PEOPLE WITHAN INFRACTION TO BE DETAINED,FOR REMOVAL PURPOSES.AT THIS POINT THISADMINISTRATION IS CRIMINALIZINGBEING UNDOCUMENTED.REPORTER: THE DEFENSE ATTORNEYWHO REPRESENTED MARTIN NEZ HISCRIMINAL CASE ALSO RAISINGQUESTIONS AS TO WHAT ROLE THEJAIL HERE PLAYED IN HELPINGFEDERAL ICE AGENTS APPREHENDMARTINEZ.I REACHED OUT TO THE SHERIFF FORCOMMENT, HE SEE HE WAS OUT OFTOWN AT A CONFERENCE, BUT SAIDHE WOULD LOOK INTO IT.AS FOR MARTINEZ, HE'S BEING HELDIN A FEDERAL DETENTION CENTER INYUBA COUNTY, ACCORDING TO HISIMMIGRATION ATTORNEY.HE'S SCHEDULED TO HAVE A BONDHEARING IN SAN FRANCISCO NEXTWEDNESDAY.AARON, DAN?>> THANKS YOU.ACCORDING TO AN IMMIGRATIONATTORNEY, THAT BOND HEARING ISTHE FIRST STEP IN WHAT COULD BEA VERY LONG PROCESS FOR JUANMARTINEZ.COULD TAKE UP TO A YEAR BEFORE

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A Salinas teenager who is part of the Dreamer Act is now facing deportation afterpleading no contest to one misdemeanor charge of trespassing. Last month, 19-year-old Juan Manuel Martinez pleaded no contest to trespassing on Monterey County Jail property. The day he was set to be released from jail, a federal ICE agent was there, and took him into custody. "Things have changed. The whole paradigm is deport, deport, deport," said defense attorney Miguel Hernandez, who represented Martinez in his criminal trial. "It was a minor offense. If it had been a robbery or hurting someone, an assault,anything like that, that might be different. I could understand sentiments. Butover something as technical as this, I don't understand why people would berapid about deporting this guy,” said Hernandez. MORE: Sheriff details how ICE works within the Monterey County Jail Martinez falls under the Dreamer Act because he was brought to the UnitedStates as a young child from Mexico. His defense lawyer said he was on the path to citizenship. But Martinez broke the law, and when he was arrested he was in possession of meth and pot. Those charges were later dropped. When deputies asked him during the booking process whether he or family members were involved in gangs, he said "yes," but never specifically said he was, according to his attorney. “I'm hoping that the judge will find this is a minor incident not deportable,”said Hernandez. READ MORE: Judge orders Alix Tichelman to be deported to Canada Immigration lawyers say we could see more cases like this where undocumentedimmigrants are subject to deportation after convicted of minor crimes. “It doesn’t surprise me unfortunately because they’ve (Trump administration) been very clear in saying that no single class will be protected and if they’ve committed a crime of any sort they will be a target for removal,” said immigration attorney Magnolia Zarraga. Donald Trump ran for president on the promise to deport criminals who are in the country illegally saying they pose a threat to public safety, but critics say his administration is reaching too far. “We’ve actually have seen that ICE themselves have reported thatthey've requested people with an infraction to be detained for removalpurposes,” said Zarraga. As for Martinez, he’s in a federal detention center in Yuba County, his immigration attorney said. He has a bond hearing in San Francisco next Wednesday.