Catch-22 in smuggling law frustrates DAs

By LE ROY STANDISH The Daily Sentinel

Monday, October 08, 2007

The state Legislature passed a law last year making the smuggling of humans a felony, punishable by four to 12 years in prison. But, because Colorado does not have a material-witness statute that allows local authorities to detain witnesses until suspected smugglers go on trial, district attorneys across the state are struggling to prosecute anyone under the 2006 legislation.

In particular, the legislation affects jurisdictions that overlap major transportation corridors such as Interstate 70. District attorneys in Mesa, Eagle and Jefferson counties are all struggling with how to prosecute under the law. Additionally, they all question whether the state should even be dealing with immigration issues, usually the responsibility of the federal government.

Prosecuting smugglers usually depends on having testimony presented at trial from the people being smuggled. But because the main witnesses in a human smuggling case tend to be illegal immigrants they usually are deported before trial.

“Unless the illegal aliens being smuggled by the alien smuggler have active warrants for their arrest, or they have been previously deported, ICE will process them for deportation,â€