Marshall Co. illegal immigrant in ICE custody - WAFF-TV: News, Weather and Sports for Huntsville, AL

Marshall Co. illegal immigrant in ICE custody

Juan Vargas (Source: Marshall County Sheriff's Department) Juan Vargas (Source: Marshall County Sheriff's Department)

Alabama's immigration law remains tied up in federal court, but that does not mean accused criminals are left in legal limbo.

In fact, one of Alabama's first people charged under the state's immigration law is on his way out of the country.

However, it is not because of the law. It was Immigration and Customs Enforcement's decision to make, and trying him on the charge may never come to pass.

Juan Vargas has been jailed in Marshall County since October 2011.

Vargas was picked up on a grand jury indictment for sexual abuse of a child, and when his immigration status was checked, he turned out to be illegal.

Since that time, his charge has been dealt with in the court and is now in ICE custody.

District Attorney Steve Marshall said ICE will essentially be dealing with Vargas in the manner the state law was designed.

"It's our position that that is the best route to go.  We don't want the people of Marshall County having to pay for his jail time while we wait for the federal litigation to be decided.  And again, our ultimate goal was for him to be removed from this country, and we expect that to happen shortly," said Marshall.

Marshall said Vargas's charge will remain on the books unless the state law is eventually struck down.

Copyright 2013 WAFF. All rights reserved.

Powered by Frankly