http://www.azstarnet.com/sn/printDS/133334

Published: 06.13.2006

Arresting migrants for smuggling selves creates legal tension
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX — The Republican challenger for state attorney general wants all county attorneys to start using a year-old smuggling law to arrest and prosecute migrants.
Bill Montgomery on Monday praised Maricopa County Attorney Andrew Thomas who gave the go-ahead for his own county sheriff to charge migrants with conspiring to smuggle themselves into the country. Thomas' interpretation of the law was upheld Friday by a Maricopa County judge.
Montgomery, who filed his nominating petitions Monday, acknowledged the ruling is likely to be appealed. But he said he expects it to be upheld.
"I believe the interpretation of the law is accurate," he said. And Montgomery said the statements by the measure's sponsors that they always intended the law to target only smugglers is legally irrelevant.
Montgomery's call got a cool reception from at least one county prosecutor.
Santa Cruz County Attorney George Silva said the question is not whether counties can prosecute illegal entrants on conspiracy charges. He said the question is whether the county and the taxpayers can afford it.
"If we have a vehicle with 10 people in it, they're all Mexican nationals, they're illegally in the country, obviously we can try to get the driver on the actual human smuggling statute," he said. Silva said it might be possible to charge the other nine with conspiracy.
"But what we would have to do is house those 10 individuals in our jail, obviously appoint defense attorneys to represent them," he said. Silva said there aren't the resources to do that.
Silva, however, said there's little reason for his agency to prosecute migrants who are not smugglers themselves.
"The beauty of being a border county is we have Border Patrol down here," he said, because it is very easy to turn migrants over to them "and let the feds take care of the problem and deal with it," by prosecuting them or simply deporting them.
A press aide to Attorney General Terry Goddard said he had not reviewed Friday's Superior Court ruling. But Andrea Esquer, press secretary for the Attorney General's Office, said the policy of the agency is to concentrate on the smugglers.
"We will go after the coyotes because we have limited resources and we're going to use them to accomplish the most that we can," she said.