Thread: Ariz. amendment clears ranchers from illegal immigrant suit

Ariz. amendment clears ranchers from illegal immigrant suit
Posted: Apr 19, 2011 10:28 PM CDT
Updated: Apr 20, 2011 1:51 PM CDT

Video: New Ariz. law prevents illegal immigrants from suing for money
3:38

Reporter: Joel Waldman
Web Producer: Layla Tang

TUCSON (KGUN9-TV) - Two Arizona ranchers found guilty of abusing illegal immigrants may now be off the hook, thanks to a new law signed Tuesday by Governor Jan Brewer.

Roger Barnett and Casey Nethercott were ordered to pay hefty fines for what they did in 2004. And in Nethercott's case, it cost him his ranch near Douglas.

In 2006, Arizona voters passed a constitutional amendment to prevent anyone in the country illegally from collecting punitive damages in a legal case, no matter what happens to them. Just weeks ago, lawmakers passed a bill to make that amendment retroactive to January 1, 2004. The penalties were also nullified.

Barnett insists he did the right thing back in 2004. when he encountered a group of 16 illegal immigrants on his sprawling Cochise County ranch.

"They're trespassing," he said. "Like, are they going to come in your house? Or, what are you going to do when they walk through your house? Or, through your backyard? I just have a bigger back yard than you do."

Barnett said he was just protecting his own back yard when he held the immigrants against their will on his ranch. But, some of those illegal immigrants sued him and won. And, after a trial in 2009, Barnett was ordered to pay more than $70,000. The jury said Barnett acted illegally, but he disagrees.

"I wasn't unlawfully detaining anyone. I just had them sit there. They were on my property, and I called Border Patrol and the Border Patrol come and got them, like I always did," explained Barnett.

Two years after Barnett's case, Arizona voters passed a constitutional amendment preventing anyone in the U.S. illegally from collecting on a lawsuit. And, on Monday, Governor Jan Brewer signed a law making that amendment retroactive to 2004; the same year Barnett got in trouble, meaning he's now cleared of having to pay the settlement. However, Jennifer Allen of the Border Action Network said the new law sends the wrong message to Arizonans.

"Vigilante activities need to be condemned, they need to be prosecuted. And, they need to be stopped in Arizona. This law gives a green light to vigilante groups to move forward with impunity," Allen said.

The Border Action Network Director says Barnett and another Texas rancher, Casey Nethercott, are vigilantes.

Nethercott also had a suit filed against him in 2004. In that case, The Southern Poverty Law Center said Nethercott pistol whipped two illegal immigrants. And, now, its legal director said she's not afraid to go after more people like Barnett or Nethercott because of the new law,.

"From a legal standpoint, it's nothing but the worst form of political posturing. There is absolutely no doubt that this law will never apply to any lawsuit in the state of Arizona or elsewhere," Mary Bauer said.

Roger Barnett told KGUN9 he has not paid any of the $70,000 he owes. He said he's following the judicial process and going through appeals court. He added that he will continue to call Border Patrol when he sees illegal immigrants on his property and would even detain illegal immigrants again, depending on the specific situation.

Nethercott was forced to give up his ranch near Douglas; that $50,000 went to the illegal immigrants who sued him, according to the Southern Poverty Law Center. He still owes $450,000.

http://www.kgun9.com/story/14478744/new ... ected=true

Barnett insists he did the right thing back in 2004. when he encountered a group of 16 illegal immigrants on his sprawling Cochise County ranch.

Yes you DID, Roger. Keep fighting...

"He added that he will continue to call Border Patrol when he sees illegal immigrants on his property and would even detain illegal immigrants again, depending on the specific situation."

Keep up the good fight! MALDEF we get the last laugh in this one.

"Vigilante activities need to be condemned, they need to be prosecuted. And, they need to be stopped in Arizona. This law gives a green light to vigilante groups to move forward with impunity," Allen said.

This moron thinks ranchers threatened by illegals on their private property would be better off waving and singing kumbaya? How about dinner and drinks while they're at it?

"They're trespassing," he said. "Like, are they going to come in your house? Or, what are you going to do when they walk through your house? Or, through your backyard? I just have a bigger back yard than you do."

Home owners/Ranchers have an every legal right to protect themselves against any criminals trespassing on private property. Those illegal aliens should have had charges of trespassing placed upon them, instead of the Rancher being sued.

Nice law Arizona!

Amen for Gov, Brewer,

Sorry illegals and supporters for eliminating one of your most
lucerative money souces.
If this amendment didn't pass, it would have been use as a "first resort"
on everything they took a disliking to.

Nethercott was forced to give up his ranch near Douglas; that $50,000 went to the illegal immigrants who sued him, according to the Southern Poverty Law Center. He still owes $450,000.

I'd like to know how Nethercott is suppose to be reimburst?