RALEIGH - For more than three months, Maximiliano Mateo-Mendez has been held in Triangle jails, accused of lying to an immigration officer who approached him on the street in front of the federal courthouse in Raleigh to ask why he was there.

Mateo-Mendez, 48, said his produce business in Santo Domingo, the capital of the Dominican Republic, has fallen into shambles while he has been in jail more than 1,300 miles away from his home.

"In the time I've been in custody, my business has been destroyed," Mateo-Mendez told U.S. District Court Judge Earl Britt through a Spanish translator Monday. "I want to go back as soon as possible."

Mateo-Mendez, arrested and detained while in this country on a valid Dominican passport and visitor's visa, may eventually get his wish. But he's still being held in the Alamance County jail, facing more accusations that he violated the terms of his visa, according to a spokeswoman for U.S. Immigration and Customs Enforcement.

On Monday, Mateo-Mendez pleaded guilty to making false statements to a federal officer after a prosecutor from the U.S. Attorney's Office offered a plea agreement that gave Mateo-Mendez credit for the time he was jailed, avoiding a maximum punishment of six months imprisonment.

Sworn statements from the immigration agent who arrested Mateo-Mendez said the Dominican citizen lied to him repeatedly about why he was in the United States. But Mateo-Mendez's defense attorney, Andrew McCoppin, said his client wasn't truthful only because Mateo-Mendez didn't want to worsen the situation for his two sons, who were appearing in court that day on criminal charges.

Mateo-Mendez's case highlights the ability of immigration agents to question people on the street without the probable cause that limits other police agencies. Immigration lawyers and advocates worry this will help lead to greater levels of racial profiling and have a chilling effect on the willingness of immigrant crime victims and witnesses to talk to police and testify in court.

"To allow immigration agents to come into the federal and state courthouse and questioning people is really going to pose problems," said Sara Dill, a Miami-based immigration and criminal lawyer.

Dill is a co-chairwoman of the American Bar Association's committee on immigration law and said the group is studying the legal rights of clients, especially as more local law enforcement agencies work closely with federal immigration agents to deport illegal immigrants who commit crimes.

A fine line

Although not related to Mateo-Mendez's situation, Wake became the seventh county in North Carolina to begin processing jail inmates for deportation. The practice is being hailed by the state's sheriffs as a way to flush out illegal immigrants who commit serious crimes. Latino and civil liberties advocacy groups fear that it could lead to racial profiling.

Robin Zier, a spokeswoman for the U.S. Attorney's Office said charging someone with lying to a federal agent isn't rare.

"I'm not going to say it's fairly routine, but it's not out of the ordinary either," Zier said.

And Barbara Gonzalez, an ICE spokeswoman, issued a written statement that said Mateo-Mendez was approached outside the courthouse only because of the connection to his sons.

Unlike the protocols at county courthouse checkpoints, visitors to the federal courthouse are asked to give their name and show court security officers valid identification, said Rob Pettit, the chief deputy of the U.S. Marshals Service's Raleigh office.

But the reason for the visit is not asked, other than to direct people to the correct floor and make sure those going to courtrooms don't have cell phones, Pettit said. An immigrant's status in the country is not asked.

Next page >

Get $150+ in coupons in every Sunday N&O. Click here for convenient home delivery.