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After He Was Deported, He Sold Heroin and Ran a Brothel in Milwaukee

The opinions expressed by columnists are their own and do not necessarily represent the views of
AP Photo/Eric Risberg, File

When they first arrested him in North Carolina in 2006, they let him go and asked him to come back for a hearing in Georgia.

Instead, he ended up in Wisconsin.

Now he could face years in prison.


But this story does not start in North Carolina or Wisconsin. It starts in Arizona -- on the border.

It should end with the federal government -- which failed to prevent this man from illegally entering and re-entering our country -- securing our southern border.

Will it?

Thirteen years ago, law enforcement in Charlotte pulled over a car that had "illegal window tinting." The driver, Jose Facio-Santos, did not have a license.

Twelve years later, a special agent for U.S. Immigration and Customs Enforcement submitted an affidavit to the U.S. District Court for the Eastern District of Wisconsin in support of a federal criminal complaint against Facio-Santos. It summarized what happened those many years ago in North Carolina.

"During the booking process, Facio-Santos admitted to being a citizen of Mexico and stated that he had entered the United States illegally in 2004 near Nogales, Arizona and had been residing in Charlotte, North Carolina since his illegal entry," said the affidavit.

"Facio-Santos was released from custody and scheduled for an immigration hearing," it said.

"On May 23, 2007, Facio-Santos failed to attend the Immigration Court hearing," it said.

Where did he go? The government did not know.

But Facio-Santos was apparently not a perfect driver.

"On February 20, 2010, Facio-Santos was encountered and arrested by the Milwaukee Police Department during a traffic stop," said the affidavit.


When Milwaukee law enforcement discovered he was "an ICE Fugitive," it transferred him to ICE custody.

At this time, Facio-Santos revealed some biographical information.

"During the booking process and as contained in the A-file, Facio-Santos stated that he was a member of the Sureno 13 and Tres Locos 13 gangs in Mexico," said the ICE affidavit.

While he was detained in Wisconsin nine years ago, the government "captured" recordings of a series of calls he made.

In these calls, Facio-Santos indicated that although "he anticipated being sent back to Mexico" he did not intend to stay there long.

"Facio-Santos stated he would take time to visit family and would return to the United States in 1 year or 1 1/2 years," said the affidavit, describing one call.

In another call, Facio-Santos said "he only needed clothes for two weeks since he was going to visit his mother and then return from Mexico."

In yet another call, he expressed a preference for the location of his deportation. "Facio-Santos," said the affidavit, "said that he wanted to be sent back to the border, so it would be easier to come back."

That is exactly where the government sent him.

"On March 12, 2010, Facio-Santos was flown by ICE to Texas," said the affidavit. "Facio-Santos was removed from the United States at the Port of Hidalgo."

That sits on the Rio Grande across from Reynosa.


Last month, Facio-Santos completed a plea agreement with Matthew Krueger, the U.S. attorney for the Eastern District of Wisconsin.

This agreement included an "Attachment A" that described some of Facio-Santos' activities when he once again returned to the United States.

"The parties acknowledge and understand that if this case were to proceed to trial, the government would be able to prove the facts in Attachment A beyond a reasonable doubt," said the plea agreement Facio-Santos signed. "The defendant admits these facts are true and correct and establish his guilt beyond a reasonable doubt."

Attachment A indicated that by 2014, Facio-Santos was back in Milwaukee -- selling drugs to a government "confidential source."

"Beginning on September 17, 2014, and continuing through December 14, 2016, a confidential source (CS), acting under the direction and control of law enforcement, purchased approximately 166 grams of cocaine and 138 grams of heroin from Facio-Santos," said Attachment A.

Facio-Santos also sold two semi-automatic AK-47 rifles to a confidential source.

Then there was what Attachment A called "his brothel."

"Facio-Santos participated in a recorded conversation with the CS regarding his brothel," said Attachment A. "In that conversation, he explained how he obtained the women, how long they stayed, how much he charged, the approximate number of sex acts preformed per week, and general acts the women did."


"In a Mirandized interview, Facio-Santos admitted to selling cocaine, heroin, marijuana, and prostituting women," said this attachment to his plea agreement. "Facio-Santos also admitted to bringing women each week from out-of-state to be prostituted by him. In all, it was estimated that Facio-Santos brought over 250 women to the Milwaukee Brothel to be prostituted over the last five years."

Last Friday, U.S. attorney Krueger announced that Facio-Santos had pleaded guilty to three felony charges. These included one count of distribution of heroin, one count of possession of a firearm by an illegal alien and one count of transporting and aiding and abetting the transportation of an individual in interstate commerce with the purpose being for the individual to engage in prostitution.

When Facio-Santos was arrested for that second time nine years ago, he expressed confidence that he would be able to illegally return to the United States if deported.

He was right -- which demonstrates, again, how wrong the political establishment in Washington has been in refusing to secure our border.

Terence P. Jeffrey is the editor in chief of

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