Mexican arrested for trespass in USA

[SPEtactical]

Town Uses Trespass Law to Fight Illegal Immigrants

By PAM BELLUCK
New York Times

JAFFREY, N.H., July 12 - One day in April, Jorge Mora Ramírez stopped his car on the side of a road in the small southern New Hampshire town of New Ipswich and was making a cellphone call when a police officer approached him.

The officer questioned Mr. Ramírez, a 21-year-old Mexican who acknowledged that he was in the country illegally, and the New Ipswich police tried to get federal immigration authorities to arrest him. But when immigration officials demurred, not considering him a priority given scarce enforcement resources, the police acted on their own. They took the highly unusual step of charging Mr. Ramírez with criminal trespassing, and held him overnight.

"I wanted the federal government to understand that I was going to take some type of action," said the New Ipswich police chief, W. Garrett Chamberlain. "If I can discourage illegal aliens from coming to or passing through my community, then I think I've succeeded."

At a minimum, Chief Chamberlain has succeeded in creating controversy, as well as interest in his idea. Not far away, the police chief in Hudson, N.H., has charged 10 illegal immigrants with criminal trespassing in recent weeks. Other police departments, in states that include California, Florida and Georgia, have called Chief Chamberlain, and immigration experts say that if the New Hampshire charges are upheld, some local law enforcement officials around the country will most likely copy the approach.

The case against Mr. Ramírez, who lives in Waltham, Mass., and was working as a construction worker here in Jaffrey when he was charged, is also being watched by civil liberties advocates and the Mexican government, which is paying for his lawyers. The matter went to court on Tuesday in Jaffrey/Peterborough District Court, where the defense asked Judge L. Phillips Runyon III to dismiss the case, arguing that immigration enforcement was the federal government's job and that the New Hampshire criminal trespassing statute was intended to apply to those intruding on private property, not to illegal immigrants.

"What the state is attempting to do here is to step into the federal government's shoes and determine whether a person is licensed or able to remain in the United States," said one defense lawyer, Randall Drew.

The prosecutor, Nicole Morse, argued that local police agencies had a right to cite illegal immigrants.

"Just as with a sex offender," Ms. Morse said, "the hope is that they will go and register with the state. And if they don't, then they are violating the law.

"Indeed, the state's interest in this case is security. Being able to identify people who are in our community is essential to the police being able to maintain and keep the peace."

Judge Runyon deferred his decision on whether to dismiss the case until he could hear similar motions in the cases from Hudson. But his questions to both sides underscored the combustible and sensitive nature of immigration enforcement in a post-9/11 world.

On the one hand, he said to defense lawyers, "in this day and age when everyone is so worried about having terrorists in our midst, if a local law enforcement person is dealing with somebody that can't show some basis for their lawfulness of being here," and "they can't get any kind of response that seems to answer their questions from Immigration, are they just hamstrung?"

On the other hand, he told the prosecutor, some immigrants might "have a driver's license from Germany or France but don't have any other papers" with them. "Are you suggesting that those people are going to be charged criminally," he said, "because the police can't figure out that they're supposed to be where they are?"

Noting that if Mr. Ramírez was found guilty, he would be sentenced to nothing more than a $1,000 fine, not jail time, the judge also asked the prosecutor, "How is national security or even local security enhanced by giving someone a citation?"

In a state that is 96 percent non-Hispanic white but that has been seeing a rise in its Hispanic population, Chief Chamberlain's idea was born a year ago when he encountered a van with nine illegal immigrants from Ecuador. The federal Bureau of Immigration and Customs Enforcement, he says, was not interested in arresting them. He decided that in the future he would use the state's criminal trespassing law, which says that a person is guilty "if, knowing he is not licensed or privileged to do so, he enters or remains in any place."

Even some critics of the New Hampshire citations, like Susan J. Cohen, a Boston immigration lawyer, said the law's broad language made it seem applicable to immigration.

Ms. Cohen said most states' criminal trespassing laws referred specifically to private property and could not be easily applied to immigration. But Kris W. Kobach, a law professor at the University of Missouri-Kansas City, who was counsel to John Ashcroft when Mr. Ashcroft was attorney general, said he believed that New Hampshire's wording was not unusual, and added that the charges were appropriate because the government "has always been careful to invite and encourage local assistance with immigration arrests."

Not every police department would take such a tack. In Nashua, N.H., which has a growing Hispanic population, the deputy police chief, Don Conley, said that "I don't think it's in the true spirit of New Hampshire's criminal trespass law."

Opponents like Arnie Alpert, New Hampshire coordinator of the American Friends Service Committee, say such citations will discourage immigrants, legal and illegal alike, from cooperating with police officers. And Porfirio Thierry Muñoz-Ledo, the Mexican consul general in Boston, who attended Tuesday's hearing, said, "The concern is that we are dealing in a state court with matters that belong to a federal level."

Judge Runyon seemed somewhat concerned about that as well.

"Am I going to determine whether someone is here legally or not?" he asked the prosecutor. "Isn't that what the federal immigration system is for? Is it for part-time district court judges like me who know nothing about immigration and arguably nothing much about anything else either?"

http://www.theledger.com/apps/pbcs.d...73214859387911

[thepup]

Oh yeah. Thats my home state. :D

[BLHutch]

Is it for part-time district court judges like me who know nothing about immigration and arguably nothing much about anything else either?"

Priceless!

Brady H.

[Deputy757]

I love it when they keep trying to keep it a federal issue. They know that the federal system is hopelessly overburdened and enlisting the help of local LE officers would actually make a huge difference. The courts have ruled that local LE have the authority to enforce both civil and criminal immigration law. We just need state leaders with backbones to give the go ahead.

[SPEtactical]

I love it when they keep trying to keep it a federal issue. They know that the federal system is hopelessly overburdened and enlisting the help of local LE officers would actually make a huge difference. The courts have ruled that local LE have the authority to enforce both civil and criminal immigration law. We just need state leaders with backbones to give the go ahead.

We will see one of two things happen in the near future: immigrants will be allowed to obtain temporary visas; or the states will become more proactive in their enforcement of immigration laws. This topic is in the news on a regular basis and affects virtually every state.

On a side note: Last night some illegals and I were having a conversation after I arrested their friend for no valid dl. They were complaining that Florida will not allow "illegals" (their word) to obtain driver's licenses and that it is difficult to obtain other services. They then complained that there are not enough bilingual services available. I politely pointed out that their mere presence was a violation of federal law and that they should not expect the government to do anything to make it easier for them to be here.

Some of you may be asking why I did not notify the federal authorities. The fact is that there are thousands of illegals here and I personally meet a dozen or more every shift.

[sorrel]

They were complaining that Florida will not allow "illegals" (their word) to obtain driver's licenses and that it is difficult to obtain other services. They then complained that there are not enough bilingual services available. I politely pointed out that their mere presence was a violation of federal law and that they should not expect the government to do anything to make it easier for them to be here.

Curious, just what kind of services are they expecting ?
Support, food stamps ?

I guess not all of the illegals are the hard working types that the bleeding hearts say are needed by farmers are they ?

[TALLON]

Town Uses Trespass Law to Fight Illegal Immigrants

The case against Mr. Ramírez, who lives in Waltham, Mass., and was working as a construction worker here in Jaffrey when he was charged, is also being watched by civil liberties advocates and the Mexican government, which is paying for his lawyers.

Does anyone else find this interesting? The Mexican government is financially assisting with his defense? Are you kidding me? I propose that the Mexican government take the three million pesos they're spending on U.S. lawyers' fees, court costs, and New Hampshire fines and sink it into an internal affairs department for their own government. It seems that the only time our friends south of the border have anything to say is when one of their "countrymen" is about to be returned. The U.S. is simply being a courteous neighbor. After all, if my neighbor lost something on my property and I knew it was his, I would certainly return it. That's all we're doing...."Here ya' go neighbor, you left your hedge-clippers on my side of the fence again. Please I insist...no reward necessary, just tryin' to be neighborly.

[MisterK]

Ahh yes but when your neighbor dumps a big bag of trash over your fence intentionally Ill betcha he doesnt want it back,

[ICEburg]

Chief Chamberlain's idea was born a year ago when he encountered a van with nine illegal immigrants from Ecuador. The federal Bureau of Immigration and Customs Enforcement, he says, was not interested in arresting them.

What this article fails to point out, or what Chief Chamberlain failed to tell them was that the reason ICE "was not interested in arresting them" was probably due to the fact that they had no money for gas for the vehicle to go pick them up, they had no money to pay for the overtime to send the Agents out there at 3:00am and they had no money to pay for the jail space to house the illegal aliens. Other than those factors, I'm sure we would have been interested in arresting them! :cool:

[NYUSCG]

If that is the case, why not skip a few steps? Take them straight to the order and call the MEXICAN officials to pick them up. If they do not want to let them walk, as long as they are walking south.

[Joeyd6]

I can't wait to see if this holds up!

If it does...I am going to casue havoc here!!!!!!!!!!!!

[SPEtactical]

Chief Chamberlain's idea was born a year ago when he encountered a van with nine illegal immigrants from Ecuador. The federal Bureau of Immigration and Customs Enforcement, he says, was not interested in arresting them.

What this article fails to point out, or what Chief Chamberlain failed to tell them was that the reason ICE "was not interested in arresting them" was probably due to the fact that they had no money for gas for the vehicle to go pick them up, they had no money to pay for the overtime to send the Agents out there at 3:00am and they had no money to pay for the jail space to house the illegal aliens. Other than those factors, I'm sure we would have been interested in arresting them! :cool:

I don't know where you are, but I stopped a van with five on my way in today. No one comes for them even in the middle of the day.

[sgtbear111]

SPEtac made a good point on the drivers license. That "state issued" photo ID is the key to the welfare industry here. Some illegals have ID issued by the Mexican Consular offices in our major cities. It is up to the states to set out what kind, and quality, of ID opens the money drawer. The states also have their varied standards of proof of real identity to get a state ID. Some require documents, some verify, some do not, some just accept a worthless notarized statement, like no one would want to lie about who they are. No big secret the ID can get an illegal registered to vote (esp. in Wash. state), open a welfare account, buy a car, and open a bank account so the welfare can be direct-deposited.

Some illegal new arrivals have an 'advocate' with them at a driver license office to badger and intimidate the license screeners with a script right from the ACLU. The 'advocate' will try to control the process thru threat of complaints and "I want your supervisor".

The Mexican govt benefits by the money (welfare, earned, and drug proceeds) the illegals send home to their families, fewer mouths to feed, some Mexican criminals that are now elsewhere, and the influence and leverage with US domestic matters - as US politicians try to legitimize the illegal vote and slobber / grovel / pander to it. The Mexican crime families not affiliated with the Mexican govt, send more soldiers north to expand the dope trade, their influence, and ownership of businesses to launder money in the US.

Money brings politicians rapt attention, no matter where they are.

[Always 10-8]

My department has also been having an issue with this. Being that we have a large transient population of migrant workers we frequently deal with hispanics. Earlier this summer we stopped two in a stolen vehicle turned out to be MS13, and were here illegally...woohoo! Anyway, since that point we have an officer that is now dedicated to ICE. To also help the average officer we've received crap loads of guides on how to spot fake visas and the likes, quite interesting.

[Deputy757]

Off topic for just a sec...Always 10-8, you should get your creds to DC Law to get verified so you can post in the restricted section. Also helps others to know they are getting info from a real LEO! ;)