Man fishing without a license now facing deportation

By Chelsea Cook

The Atlanta Journal-Constitution

What started as an afternoon on Lake Lanier with friends has led to one man's imminent deportation.

Josue Castro, a 25-year-old living in Hall County, is originally from Honduras but is married to a U.S. citizen.

On May 25, Castro was arrested for fishing without a license after he could not provide sufficient identification to a Georgia Department of Natural Resources officer.

According to Castro's attorney, Arturo Corso, Castro was standing on the shore of Lake Lanier with friends when a GDNR officer approached the group in a boat. Around the same time, Castro walked up to his vehicle. The officer asked Castro if he was fishing, to which he replied, "No." The officer then asked him to open his trunk, which contained a fishing pole and a dead fish. Because Castro could not show a fishing permit, the officer began to issue him a citation.

"He showed the officer an ID from his church with his address on it, and his wife [Beatriz Castro] showed the officer her Georgia driver's license, with the matching address," Corso said. "But they called Hall County PD anyway."

Josue and Beatriz Castro were recently married, but because Josue initially entered the United States without permission in 2005, he is not eligible for a green card.

"The gentleman simply could not produce sufficient identification," said Robin Hill, public affairs program manager for GDNR.

Corso said his client no longer denies that he was fishing, but the officers acted in violation of a policy regarding fishing violations, referencing Georgia code 27-2-40.

The code states:  "In most instances, a person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and to immediately continue on the person's way after agreeing or being instructed to comply with the terms of the citation."

But there is another policy--  federal law 287G-- which may explain why Castro was taken into custody.

The law, which is only used in four counties in Georgia -- including Hall -- gives trained deputies the same power and duties of federal immigration officers.

Because the officers did not receive U.S.-issued identification from Castro, he was subject to 287G.

“I was like, ‘Oh my goodness, they are going to take him,’” Beatriz told WSB-TV. “I started panicking. What went through my mind was deportation and being apart from him.”

But Corso thinks Castro's case is exemplary of something greater -- abuse of 287G.

"287G was created for criminals to get deported," Corso said. "Anybody, anybody that comes into contact with the jail is under scrutiny for immigration. They are using [287G] as an excuse to round up brown people and deport them.  It's ripping families apart. Young people who are born here, their parents are being deported."

The attorney also said, "Even if it's an illegal arrest or search, you're going to be subject to 287G, and no judge is ever going to hear about that arrest."

Castro has spent 17 days in a Hall County jail cell, but he will get the chance to see a judge Friday at 9 a.m. Corso will file a motion to suppress.

As far as Castro's deportation goes, Corso said, "It is almost guaranteed."