July 17, 2008 - 1:47PM
AZ court: Immigrants subject to smuggling law
The Associated Press
PHOENIX - The state appeals court has upheld the conviction of an illegal immigrant prosecuted as a conspirator under Arizona's human-smuggling law.

In its ruling, the court found that the law's wording is clear and unambiguous - illegal immigrants can be convicted for conspiracy to smuggle themselves into the country.

The defendant, Juan Barragan-Sierra, argued that the Legislature didn't intend to punish anyone but smugglers when it passed the law.

The appellate court also disagreed with Barragan-Sierra's contention that federal immigration law pre-empts the state law. The court says states' police powers encompass human smuggling and Arizona's law isn't trying to regulate immigration.

Barragan had admitted paying a smuggler $2,000 to be taken into the U.S.


http://www.eastvalleytribune.com/story/121034