AZ says no to make illegal immigrants criminals

Here's a novel question: Are illegal immigrants trespassers?

A proposed law in Arizona would criminalize illegal immigrants as trespassers, a creative way to enforce immigration at a local level.

No state seems to try harder than Arizona at bringing the hammer down on illegal immigrants. But the trespassing law would face certain constitutional challenges.

In fact, according to this FOX News story, a New Hampshire judge has previously "dismissed trespassing charges against illegal immigrants, arguing police chiefs in two communities did not have the jurisdiction to apply state laws to a federal issue."

But it looks the Arizona bill will never become law:

The Arizona House has defeated a bill that would have made it the only state in the nation to criminalize the presence of illegal immigrants by expanding its trespassing law.

The House voted 26-15 for the bill to expand Arizona's trespassing law Wednesday morning, but that was five votes short of the 31 needed for passage. The Senate approved the bill 16-11 earlier Wednesday.

Supporters say an expanded trespassing law would provide a second layer of enforcement to help local police catch immigrants who slip past federal agents.

Opponents predicted it would lead to racial profiling for thousands of Latinos who are U.S. citizens.

Illegal immigrants account for an estimated 500,000 people in Arizona's 6.5 million population.

http://blogs.chron.com/immigration/