The Obama administration was playing games with the Freedom of Information Act (FOIA) by refusing to turn over a report detailing the agency’s investigation of an illegal alien, Carlos Martinelly-Montano, who is charged with killing a Virginia nun in a drunk driving accident in August 2010.

The Department of Homeland Security (DHS) promised a federal court it would release the report earlier this year, but then later claimed that the document was in “draft” form, and therefore would not be released. (Click here to read some of the emails back and forth we had with DHS.)
Judicial Watch received the edited “final” report on March 3, 2011. The final report, which we were told by DHS was still being “worked on” last month, is dated November 24, 2010. This lying game shows the Obama DHS is thoroughly mendacious. The DHS report details policies and actions of the Obama administration and local governments that allowed Montano, an illegal alien who committed a series of crimes, to remain on the streets despite being subject to deportation.
Here is a detailed chronology of events as described in the report, which we received through a FOIA lawsuit we filed on December 2, 2010. As you’ll see, even though the Obama administration scrubbed the report, there is more than enough evidence of the amnesty and sanctuary policy agenda of the federal government, local authorities and the courts:
On December 7, 2007, Montano was convicted for driving under the influence (DUI) in Prince William County, Virginia and was sentenced to serve 30 days of incarceration. The judge in Prince William County, however, suspended all 30 days of the jail sentence with the result that Montano was not jailed for his offense. Local authorities did not seek to determine Montano’s immigration status nor did they contact ICE [Immigration and Customs Enforcement].…
Almost one year later, on October 4, 2008, Montano was booked into jail in Prince William County and charged with another misdemeanor DUI. At the time of this arrest, the local authorities determined that Montano was an illegal alien. Thus, ICE lodged an immigration detainer against him. As a result of the immigration detainer, immigration officers took him into custody. On October 7, 2008, Prince William County officials released him from custody.…
[Rather than detaining Montano,] ICE agents determined that Montano was a candidate for the Alternatives to Detention (ATD) program and … monitored his whereabouts using GPS technology.…
On April 27, 2009, as a result of the October 2008 DUI arrest, the Circuit Court of Prince William County convicted Montano and sentenced him to serve 12 months and 3 days in jail. However, the judge in Prince William County suspended 11 months and 13 days of Montano’s sentence. As a result of the judge’s decision, Montano served less than two weeks in Prince William County for his second DUI conviction.…
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