Deputy's murder highlights Utah's illegal immigration problem


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SALT LAKE CITY -- We're learning even more about the man accused of shooting and killing a Millard County sheriff's deputy Tuesday. In addition to numerous drug convictions, Roberto Roman's background also includes the fact that he was deported from the United States in 1998.

Roman legally entered the United States in 1990, only to be deported eight years later following felony drug convictions. Since then, Immigration and Customs Enforcement (ICE) says Roman has been arrested twice for illegally re-entering the United States and federally prosecuted once for the same offense.

**Roman arrest record**
• *May 1992:*
- Distribution of controlled substance
• *Aug. 1996:*
- Distribute/offer/arrange to distribute controlled substance - Theft by receiving stolen property - Illegal possession/use of controlled substance
• *Sept. 1996:*
- Illegal possession/use of controlled substance
• *April 1997:*
- Possession with intent to distribute controlled substance - Use or possession of drug paraphernalia - Carrying concealed dangerous weapon
Still, Roman didn't seem to be hiding. A simple search netted his MySpace page, which had numerous photos of Roman holding guns. His location was listed as Delta, Utah.

"There's no excuse for this. This person never should have been here, and our federal government needs to step up and do their job," Rep. Jason Chaffetz said Wednesday.

ICE refused to answer questions on camera, saying it wasn't their place to comment. But the agency pointed to statistics showing an increase in the number of criminal aliens removed from the country: 136,000 last year, up from 92,000 in 2006.

The former U.S. Attorney for Utah said Wednesday immigration officials do good work, but have limited resources with just the handful of agents in Utah. Brett Tolman said keeping tabs on deported immigrants is tough because they re-enter the country illegally.

"Sometimes the first time they appear on anybody's radar is when they've committed a crime or something else," Tolman said.

Immigration and criminal attorney German Flores agrees with Tolman. He said with just 15,000 agents across the country, ICE is fighting an uphill battle.

"There's no way they can stop that," Flores said.

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Flores says aggravated re-entry cases carry heavy penalties and prison time, and he sees most clients deported on felony charges stay out of the United States. The fraction of that population that doesn't, however, may be the most dangerous.

"When people have a long history of criminality in the states or in another country, more than likely those people don't care about what they're losing because they have nothing to lose," Flores said.

Flores said he's seen clients arrested go to prison anywhere from three to six years for aggravated re-entry, but the crime is punishable by up to 20 years in prison.

Still, Tolman said with the current laws it's impossible to eliminate the problem of illegal immigration. He said state and federal agencies need to work together, and Congress needs to make the border issue a priority.

The former U.S. Attorney said the murder of Deputy Josie Fox also highlights the need for aggressive prosecution, with offenders serving their time.

In border states, illegal immigrants can be prosecuted just for being there; not so in non-border states like Utah. Here, an illegal immigrant can be federally prosecuted if that person has been convicted of a crime.

Tolman said Utah is a prime target for illegal immigrants because they feel there's less of a focus on the issue in the state.

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Story compiled with contributions from Nicole Gonzales and Sarah Dallof.

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