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07-17-2008, 06:03 PM #1
AZ court: Immigrants subject to smuggling law
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.
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