But it could be a while before an immigration violator is finally deported.

“There are some cases that go on for months or years,” Montenegro said. “ICE does not detain everyone going through the deportation process.”

The individual has due process rights, and many cases are appealed to a higher federal court. In many cases, she said, suspected illegals are allowed to post bond. One hundred percent of the bond must be posted, and they start at $1,500, she said.

Locally, Williams said he doesn’t think many illegal aliens end up in the Madison County jail.

“I don’t know that the number has ever been tracked,” Williams said. “I don’t believe it to be a very high number. It’s not statistically a lot.”The path to being the U.S. legally is varied. Citizens of foreign countries can apply for a legal permenant resident card, better known as a Green Card. Or they can apply for one of the various types of visa, such as student, work or training visa. The length of stay under the visas varies, but many are for six months.

And any charges illegal aliens face locally are resolved — including prison sentences — before ICE officials will take them into custody.

“If they face local charges, we don’t interfere,” Montenegro said. “If you start to deport someone before the criminal process (is completed), in essence, it’s a get out of jail free card.”

As it stands, it’s up to Madison County authorities to notify ICE officials if they determine someone in custody is an illegal alien. But under a new initiative announced in March, ICE will begin the Security Communities plan where they automatically gain information on potential illegal aliens from the nation’s 3,100-some local jails.

ICE plans to send “integration technology” to local law-enforcement agencies to connect them to FBI and Department of Homeland Security databases to check immigration history, according to an ICE press release announcing the initiative. The process would automatically notify ICE officials when an immigration violator has been taken into custody, streamling the process.

Hernandez remained in the Madison County Jail Thursday, waiting picked up by ICE officials.

As for Phan, her mother and stepfather, who live in Fort Wayne, hired Anderson attorney Tom Godfrey to handle her criminal case. She is formally charged with application fraud, a Class D felony, and false government identification, a Class A misdemeanor.

Godfrey said Phan gave money to a friend who claimed to know someone who could obtain legitimate documents. Phan, who has since been released on her own recognizance so she can clear up the immigration issue, believed she had valid documentation, Godfrey said. Her trial is scheduled to start at 9 a.m. today in Madison County Court 2.

Montenegro said Phan’s plight isn’t uncommon.

“We see a lot of cases of where people are duped,” said Montenegro, adding Phan’s immigration hearing hadn’t yet been scheduled. “There are all different types who try to take advantage of this vulnerable segment of our society. They could be crooked attorneys, notary publics, just about anybody.

“It’s a segment of the population that is vulnerable. Many think that if they pay enough money, they’ll be able to legitimize their status, but that isn’t the case.”