Illegal KSU student: 'messed-up system'
by Kathryn Dobies and Jon Gillooly
kdobies@mdjonline.com; jgillooly@mdjonline.com
May 15, 2010 12:00 AM | 2917 views | 64 64 comments | 20 20 recommendations | email to a friend | print
ATLANTA - Following her second arrest and release from jail, Kennesaw State University student and illegal immigrant Jessica Colotl said Friday that she wasn't a criminal and was surprised to be caught up in an immigration battle that she said she perceives to be the result of a "messed-up system."

"I'm just hoping for the best and I really believe that something positive should come out of this, probably an immigration reform or at least the Dream Act, which would help this sentence," Colotl said.

Before a lively crowd of supporters at Buford Highway's Plaza Fiesta, Colotl, 21, along with her attorneys and members of immigrant activist groups, addressed throngs of media. Standing behind a lecturn with a sign on it reading, "I march for Jessica," Colotl answered questions about the events that led up to her second arrest and how it feels to be the poster child for what some say is America's flawed immigration system.

Colotl turned herself in to the Cobb County Sheriff's Office at 10 a.m. Friday after an arrest warrant was issued two days prior, alleging she made false statements about her place of residence when she was booked into Cobb Jail on March 30. The felony charge could result in more than a year in jail and a fine of greater than $1,000. Colotl posted a $2,500 bond and was released at 11:40 a.m. Friday, just hours before her 2 p.m. press conference.

Since Colotl has become the face for the illegal immigration debate, she said she does not at all agree with the laws and hopes that some changes will be made on the national level to help grant illegal immigrants amnesty and help them gain documentation.

"I think it's really sad," Colotl said of her situation. "Like I said before, I never thought that I was going to be caught up in this messed up system, so I'm just hoping for the best and waiting for something positive such as the Dream Act to be passed sometime in the future ... I think that people should be more educated about the subject because the problem is that there are so many generalizations and stereotypes about immigrants."

Colotl was first arrested March 30 for driving without a valid driver's license, after being stopped a day prior on KSU's campus for a traffic violation. She was taken to Cobb County Jail, where she was released to Atlanta Immigration and Customs Enforcement and then taken to the Etowah County Detention Center in Gadsden, Ala., on April 1. She was released May 5 from the detention center and granted a deferred action for one year to return to her studies at the university.

Clearing up rumors about her background, Colotl said she came to the U.S. from Mexico with her parents when she was 11 years old, but doesn't remember much about the move. If deported, the KSU student said she would have to start all over again, as she doesn't have ties to that country.

Christopher Taylor, Cololt's attorney for the criminal proceedings, said he believes his client is an American at heart and that our system has failed her. He called the charges against her politically motivated and denied any wrongdoing on Colotl's part.

"It's unfortunate that the charges that have come about in the last couple days came about in the way they did," Taylor said. "They were politically motivated, and to use a 21-year-old student as a pawn in a political game is sad, and it's unfortunate that she has been wrapped up in this."

Although Taylor said he could not get into many details about the criminal charges against her, he did claim that Colotl had provided the correct addresses at the appropriate times. Taylor said she gave the sheriff's office a previous Duluth address, which the Journal visited, because it was the address to which her car was registered and insurance was issued. Taylor said she moved from that residence in September 2009. She lists a Lilburn address on her Friday book-in sheet. When she was turned over to Atlanta ICE, she gave them her current address, Taylor said, claiming that the sheriff's office could have obtained those records if it had followed-up with ICE.

Cobb Sheriff Neil Warren told the Journal Friday, "I have all the confidence in the world that my investigators did a thorough investigation. And they presented a case to the magistrate, and the magistrate judge felt there was probable cause to issue the warrant. So it's time for us to let the courts and the judge decide ... We started getting calls and I felt obligated to look into it. I did not have any encouragement to do anything."

The sheriff had previously said, "It is sad that Ms. Colotl's parents chose to enter the United States illegally and ultimately put her in this position. However, Ms. Colotl knew that she was in the United States without authority to be here and voluntarily chose to operate a vehicle without a driver's license; which is a violation of Georgia law. She has further complicated her situation with her blatant disregard for Georgia Law by giving false information."

While Taylor said he could not answer questions about who owned and paid for the gold Honda Accord Colotl was driving at the time of the incident, he did say she was insured. Contrary to previous reports, Colotl did not provide the KSU police with a Mexican driver's license, but instead with a Mexican Passport that expired in 2006.

Colotl's immigration attorney, Charles Kuck, said the team is working pro-bono, but not representing her parents, who are also illegal immigrants. Kuck said, under the ICE agreement, Colotl is a legal U.S. resident for the next year, eligible for in-state tuition and employment.

Kuck also said he was in touch with authorities at Atlanta ICE and on the national level, and that he did not expect Colotl to be rearrested by federal officials in light of the recent charges against her.

Even with the new charges, ICE spokeman Ivan Ortiz-Delgado said ICE will not seek further action against Colotl, and will reassess her deferment status in a year.

ICE released the following statement on Friday: "ICE uses discretion on a case by case basis, as appropriate and has the authority to grant a deferral of removal action based on the merits of an individual's case and a review of specific facts. ICE has exercised that authority in Ms. Colotl's case for one year and did not issue a detainer for today's arrest. ICE will review her case again on its merits at the conclusion of the one-year period. ICE is focused on smart, effective immigration enforcement that focuses first on criminal aliens who pose a threat to our communities."

Ortiz-Delgado said Colotl would have to apply for a work permit with established U.S. Citizenship and Immigration Services to be granted authorization to work in the United States. As for her status as an in-state student at KSU, Ortiz-Delgado said that would be up to the university or the state.

KSU President Dr. Dan Papp earlier said, "Now that Ms. Colotl has been identified as undocumented, she will pay out-of-state tuition, as do all other known undocumented students."

KSU officials said previously that Colotl pays in-state tuition and they were unaware she was an illegal immigrant until a few weeks ago. According to their records, Colotl was admitted to KSU in the fall of 2006, and came to them as a Georgia high school graduate, since she graduated from Lakeside High School in DeKalb County. Colotl said she does not receive the HOPE scholarship and pays for her education through family support. Despite previous reports from her friends, Colotl said she does not have a job.

Friends previously reported that Colotl's family lives in Gwinnett County, and that her father may have already moved back to Mexico, however Colotl did not speak about her family during Friday's press conference.

The student, who will turn 22 next week, said Friday she has yet to return to KSU and is still evaluating whether she will finish her college career there. She did however say that she intends to finish her college career and hopes to one day study to be a lawyer. On track to graduate in December, Colotl is a senior political science major at KSU.
Comments
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Jose Jimanas
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May 19, 2010
When are you gringos going to get it - we are coming and are here to stay. We outbreed you 10-1 and will outnumber you in 20 years so get over it. You will be mowing our grass, cooking our food and watching ALL of our children. And by the way - will you please learn to speak Spanglish. Viva Reconquista!
daveyy
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May 18, 2010
Since when is a law requiring immigrants to make their presence known to local and/or federal authorities when living within its borders immoral? And, until the law is changed, she has no 'right' to be here.
drop
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May 18, 2010
So whatever the law is needs to be enforced, irregardless of morality? Is that not the same excuse used by those that help gas Jews, that they were just following the law?
Awareness Needed
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May 18, 2010
Citizens need to be aware that the military families who serve this country must pay "out of state" tuition for children who attend college when the government constantly relocates them. Moreover, just ask what educational support Americans get in foreign countries when families are stationed abroad. What does Mexico do for American citizens living there? Do Americans go to school free with government subsidized programs anywhere outside of the United States?
Don T
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May 17, 2010
Despite anyone's feelings on the issue, there are a few inescapable facts:

1. The student IS here illegally. No matter which "side" you are on, this fact remains, period.

2. The student is question was stopped for a traffic violation, was driving without a license, and gave false information to a law enforcement officer. It doesn't matter where you are born, whether or not you are a citizen, these are clear violations of law. This is fact. Do any of you have any doubt that you would be arrested if you made the above violations?

3. The Sheriff is a law enforcement officer, e.g., his job is to enforce the law. Multiple laws were broken, and the Sheriff is oath-bound to enforce the law, in this case by arresting the suspect. This is fact. If the man was NOT doing his job, then perhaps criticism would be justified.

4. You break laws, depending on the severity, you pay your fine, and/or go to court, and/or spend time in jail until bail is made, or your guilt/innocence is determined. This is fact. The national origin of a suspect has no bearing on the above. It may affect other legal issues, but it has no bearing on the above. The same holds true in most other nations.

The point? There is no reason to complain about anything, one way or the other, until the above issues are solved.

drop
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May 17, 2010
James Madison said "freedom of immigration is favorable to morals". Perhaps those attacking Ms.Colotl should think about the morality of their actions. If Sheriff Warren had been brought here illegally at 10, would he have returned to the home country he did not know, once he was an adult?
Lost Integrity
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May 17, 2010
Okay, so I looked up the "Dream Act". It is not complete enough. Basically, if you can smuggle or otherwise get your child into our country and evade discovery for a number of years, that child can apply for citizenship. The application requires certain things over a period of 6 years. Okay? Well, I say no! Not unless there is a return of information on the companies that are hiring and harboring the parents that brought them here. This "Act" will only encourage a continued black market of labor, so to speak, as written. Change it to reflect the integrity of our existing laws and I will, more likely, support it.

So, Jessica, apologize for breaking the laws of the state you "live" in and work for a meaningful change that will prevent this from happening to anyone else. Then you may actually garner respect instead of pity and anger.
an american
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May 17, 2010
what part of illegal do they not understand. I am so tired of prople who are not a citizen of the u.s. messing up our system. we were.at one time. the greatest country on earth but they have ruined our america and it's time for us to do something about it.
P.Oed KSU Student
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May 17, 2010
@ Go Jessica!

She is illegal, she has no business being here, or don't you understand that? What makes you think any more than a third of the state supports her. The only people who "support" her are leftists like you and people who think that government is the end-all-be-all, and will do anything to make sure the world is like that, even going as far as to turn a person into a political pawn, example here, Jessica Colotl.
olderandwiser49
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May 16, 2010
For "Go Jessica", perhaps you should look up the definition of "majority" before writing that a majority are in favor of Colotl's actions. In a WSB-TV poll, 76% of us "local yahoos" were in favor of her deportation. In the Washington Times, 90% of those surveyed said she is not a reason to consider amending the immigration laws. And yes, she has a right to be here, provided she enters LEGALLY! Did your ancestors sneak in, or did they go through the legal process. I bet it was the latter, because they had respect for the law. Colotl does not.
notpolicallycorrect
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May 16, 2010
lets go after all the legal citizens that live off welfare,get a house from section 8,and get a free cellphone,drive an Escalade,have 3 or

more kids from different fathers and by the way are a little darker than latinos and speak better english!
Go Jessica!
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May 16, 2010
I am proud of Jessica or weathering this storm of hatred and bigotry. I hope she successfully finishes her degree at KSU and goes on to take a meaningful career right here in Georgia where most of us welcome her with open arms. Keep your head up Jessica and fight the good fight. Despite some local yahoos, the majority of Georgia and the U.S. fully support you. I was born and raised in the U.S. as were 8 generations of my European traced ancestry. You have every right to be here and I applaud you.
anonymous
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May 16, 2010
Has Miss. Colotl'parents become citizens of the U.S.A.? If not why? Are the parents still in this country? What will happen to her parents if the have not become citizens?

Please give the full story on her family background.

She knew she was not here legally and milked us for all she could.
olderandwiser49
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May 16, 2010
If Ms. Colotl is allowed to finish her college career, it should not be at KSU, or even in the State of Georgia. In addition, she should not be allowed to enroll elsewhere until she has paid the money due to KSU for the out-of-state tuition costs she avoided by her willful deceit during the past three years, plus any monies she may have received thru State or Federal grants or loans. To allow her to continue with nothing more than a handslap is an insult to every legal immigrant in this country, as well as to every taxpayer in the country. It is also a precedent welcoming other illegals wanting to do the same thing she did. If she is a poster child for anything, it would be for Liars and Thieves Anonymous. She is not being blamed for her original entry to this country, because, at that time, she was still a minor. The fact that she is a college senior who knowingly perpetuated the crime begun by her parents negates any and all sympathy and understanding she thinks she deserves.

She is right about one thing, though. Our immigration system is messed up. It is messed up because our government doesn't enforce the laws currently in place. Ms. Colotl, and her family, should be in Mexico right now, trying to figure out how to sneak back into the US. And our government, rather than spending $1 trillion on a healthcare program unwanted by the vast majority of Americans, should be designating appropriate sums to the protection of our borders, removal of all illegals, and the prosecution of all who hire them when they are here, a program that most Americans do want. Instead, these mental midgets in Congress are trying to find an easy way to grant amnesty to all illegals, which, of course, would qualify them for education and healthcare, and increase the above figure by another $300 billion. We are going to be "politically corrected" into a third world country with a third world debt to match, and the manner in which Ms. Colotl's case is being handled is a perfect example of why.
Mr. Doc
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May 16, 2010
KSU President Dr. Dan Papp earlier said, "Now that Ms. Colotl has been identified as undocumented, she will pay out-of-state tuition, as do all other known undocumented students."

So, in other words, KSU is harboring known illegals? Where's the accountability here?
Pat H
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May 16, 2010
Those of us who want the law enforced, Leave her alone, have driver's licenses and if we speed we get a ticket and pay an enormous fine. This has nothing to do with being here illegally and stealing taxpayer benefits as well as being educated by our country for free through high school.

I went to Georgia State, took some classes at KSU, had a higher GPA, and paid out of state tuition when I moved to GA, legally. Had no aid and worked around my school schedule, legally, and paid taxes on all income.

Insofar as our legal, lazy students - go to Walton High School. Few illegals, many successful students. If KSU needs an illegal to attract a good student, then we should just shut it down and forget out the sucking sound of our tax dollars.

We are about as sick of hearing about legal speeding citizens being compared to lawless illegals, as much as the xenophobic, unChristian and hateful comparisons. We don't care what you think - we are paying for this mess and are sick of it.

Let's get busy Georgia. We have more illegals than Arizona. The problem here is that the police let far too many of them walk away. The only difference is in Arizona the police now must check status. It would have helped us if the Marietta city cop did half as much when the illegal hit us, ran away, and was not charged with leaving the scene. Of course, the copy had a Hispanic name.
common sense
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May 16, 2010
If she has been here since 11 she has had plenty of time to learn the laws. Where are all the "legal" Mexican immigrants that followed the rules and are living here and making a difference. They should be standing up for their new country. We all came from an immigrant background. Our familes just chose to follow the rules to get here. We should be "AMERICANS" plain and simple no hypens! Stand up people the government is giving away your freedom to lawbreakers! It's our children's education dollars today, it may be your children's freedom tomorrow!

Alan Faircloth
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May 16, 2010
First, Colotl is wrong about this all being the result of generalizations and stereotypes about illegal immigrants. Instead, it is about the baseline facts of her case. She is not here legally, she has only Mexico issued identifications (some or all expired), she lied to police, she received tuition benefits she should not have received. For these, she must be held accountable. I hope she does study to be a lawyer...but I hope that study results in a realization that laws are to be obeyed.
P.Oed KSU Student
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May 15, 2010
@ Leave her alone: No one is above the law. And yes, I would expect myself or anyone caught speeding to pay the price, just as I expect her to pay the price. Good for her to having a 3.8 GPA, it doesn't excuse the crimes she has committed. Now what part of that do you not understand
D ALyons
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May 15, 2010
This system is not messed up. The Illegal Immegrant is messed up. She is not paying taxes and going to school in America. Our taxes help fund the school systems. If it was go messed up maybe she should go back to Mexico and she what kind of education she gets there. She is not working legally to pay for school. If she has a job the income is under the table. I would like to know who she works for so we can also boycot that establishment.
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