Thread: New laws can trouble immigrants

New laws can trouble immigrants

http://www.vaildaily.com/article/200506 ... /106160036



Veronica Whitney
June 16, 2005

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EAGLE - Benedicto Gonzalez stood before a judge here last week and, with the help of an interpreter, pleaded guilty to a felony drug charge.

Gonzalez, 22, a Guatemalan national from Avon, is among hundreds of Hispanics who go through the Eagle County court system every year. These days, interpreters are regulars in the courtrooms.

Though he doesn't track cases by race, District Attorney Mark Hurlbert estimates about 40 percent of the cases his prosecutors handle involve Hispanics.

"In felony cases, I see the same cases among the Hispanic population as you see among Anglos," Hurlbert said. "(Race) isn't not important to us. We treat people the same, no matter the race.

"We see a lot of people who don't speak English well enough to be in court," he added. "In most cases we deal with interpreters."

In his 25 years as a judge in the Fifth Judicial District that includes Eagle County, District Court Judge Richard Hart said, in recent years, he's seen a significant increase in cases involving Hispanics.

"It's increasing faster with the population," Hart said. "It isn't half, but it's up there, especially in county court, where they deal with driving offenses."

County court deals with misdemeanor offenses while district court handles most of the felony cases.

A new culture

Local defense attorney Jim Fahrenholtz said a third of his cases involve Hispanics.

"The crimes vary from standard DUIs to domestic violence," Fahrenholtz said. "It seemed there was a disproportion between the number of Hispanics who were arrested compared to whites. But as the population grew, it has become more proportionate."

Sometimes, Hurblert said, Hispanics get charged with misdemeanors because they don't know the law, Hurlbert said.

"For example, they don't know about having car insurance," Hurlbert said. "In their home country they might not have to have it."

In those types of cases, and as part of the sentencing, prosecutors send them to participate in "How to Live in America," a program to teach immigrants about the laws and ways of living in the U.S.

But Hart said most laws represent common sense. More serious crimes may simply be driven by opportunity.

"I have a feeling that there are more Hispanic people who get involved in the drug business as a way to make easy money to send back home rather than for personal use," Hart said.

Rick Salazar, a probation officer for Eagle County, said about half the people going through the probation department are Hispanics.

"There's more of them because they don't have the assets to fight their cases," said Salazar, who deals mostly with sex offenders and domestic violence crimes. "Usually they go to court and plead."

By 'plead' he means pleading guilty, which can result in a defendant getting kicked out of the United States.



Becoming a citizen?

It's not against Colorado law to be in the U.S. illegally, Hurlbert said.

"It's against federal law, so we leave that to the feds," he said. "In most cases we'll know a person's INS (U.S. Citizenship and Immigration Services) status, and it can affect their sentencing. If a person is illegal and pleads to a felony, the only sentencing is prison."

When sentencing, District Judge Tom Moorhead said he usually doesn't know a defendant's immigration status.

"In county court, they have more of an idea because they consider bond issues and it says whether they have a hold because of their immigration status," Moorhead said.

In about 15 percent of Fahrenholtz's cases, the lawyer said, he has to worry about whether his client will be able to remain in the U.S. - whether they are illegal or legal with a green card.

"Fifteen years ago, when I started practicing, this wasn't a concern," Fahrenholtz said. "It's really problematic as what a person can plead to.

"Certain crimes that carry a potential of more than a year in jail could cause a person to be deported," he added. "If they have a green card (some crimes) would prevent them from becoming a U.S. citizen."



Staff Writer Veronica Whitney can be reached at 949-0555, ext. 454, or vwhitney@vaildaily.com.

Criminal Justice System: WAKE UP!!

The reason we have prisons is to get the criminals off the street to protect citizens.

The reason we have deportation laws is to get the foreign nationals off the street to protect citizens.

Deport them all if they are here illegally or have violated their immigration status.

The result is the same: They are off the streets.

Stop wasting time and money society does not have putting these people in prison.

DEPORT THEM....it's a bus ride or an airfare....either way it is cheaper than putting them in prison, housing them, treating them, entertaining them, feeding them, bathing them, dressing them....just to "get them off the streets".

DEPORT THEM!!

AND Colorado....WAKE UP!!!

Your laws are SUBJECT TO AND INCORPORATE all federal laws.

There is a federal law that says...all children in the United States shall have access to free public education. That's a federal law. You abide by it, execute it, and underwrite it.

Neither Colorado nor any other state needs a state immigration law to comply with federal law within your state boundaries.

THAT IS A COP OUT CON GAME against your citizens to say, "oh....that's federal....that's not our job". That is a pansy ass OBL-LOVER game, a very dangerous game, a game that gets your citizens killed.

Wake Up Colorado!! Your on your way to a Toilet Bowl!!

Originally Posted by Judy

Criminal Justice System: WAKE UP!!

The reason we have prisons is to get the criminals off the street to protect citizens.
The reason we have deportation laws is to get the foreign nationals off the street to protect citizens.
Deport them all if they are here illegally or have violated their immigration status.
The result is the same: They are off the streets.
Stop wasting time and money society does not have putting these people in prison.
DEPORT THEM....it's a bus ride or an airfare....either way it is cheaper than putting them in prison, housing them, treating them, entertaining them, feeding them, bathing them, dressing them....just to "get them off the streets".
DEPORT THEM!!
AND Colorado....WAKE UP!!!
Your laws are SUBJECT TO AND INCORPORATE all federal laws.
There is a federal law that says...all children in the United States shall have access to free public education. That's a federal law. You abide by it, execute it, and underwrite it.
Neither Colorado nor any other state needs a state immigration law to comply with federal law within your state boundaries.
THAT IS A COP OUT CON GAME against your citizens to say, "oh....that's federal....that's not our job". That is a pansy ass OBL-LOVER game, a very dangerous game, a game that gets your citizens killed.
Wake Up Colorado!! Your on your way to a Toilet Bowl!!

LAWS? YOU MEAN WE HAVE LAWS?
MILITARY ON THE BORDER. KICK ILLEGALS TO THE CURB!

Yep....I know it's surprising but we have a lot of good laws on the books.

Unfortunately, these clever OBL organizations just ignore them and of course with El Presidio in the White House, none of our federalis are going to enforce the law.

WE are a law-full nation but we are govern-less!