Sender Rodriguez Garcia/Guatemala/Vehicle Theft

Sender Rodriguez Garcia, a Guatemala national found to be in the country illegally, was arrested in Brookings, South Dakota, on charges of vehicle theft.

Property crime charges carry serious criminal penalties under state law, and for illegal aliens, they trigger a concurrent federal immigration enforcement action that moves forward independently. The criminal case will be prosecuted by local or state attorneys, with conviction carrying the possibility of incarceration and restitution. At the same time, an immigration court will evaluate Garcia’s case separately and determine whether removal to Guatemala should be ordered — a proceeding that continues regardless of the criminal outcome.

Garcia remains in ICE custody pending a hearing before a federal immigration judge. No trial date on the criminal charges has been announced publicly. If the immigration court orders removal, Garcia would be returned to Guatemala.