Thread: Lawsuit to limit human-smuggling prosecutions revived

Lawsuit to limit human-smuggling prosecutions revived

by Michael Kiefer -
Jul. 14, 2010 01:11 PM
The Arizona Republic .

An appeals court has revived a lawsuit aimed at stopping the Maricopa County Attorney's Office from prosecuting undocumented immigrants as co-conspirators of the smugglers who bring them into the state.

The U.S. 9th Circuit Court of Appeals ruled that the case - filed against then County Attorney Andrew Thomas - can go forward.

District Court Judge Robert Broomfield had dismissed the case in January under a legal principle that it would interfere with ongoing criminal prosecutions. The 9th Circuit agreed with that interpretation as it relates to the plaintiffs of the suit who have already been charged with conspiracy to commit smuggling. But the other plaintiffs-the advocacy groups Somos America, Friendly House, LULAC and the Arizona Hispanic Community Forum -could still sue to prevent future prosecutions, the appeals court determined.

Attorney Peter Schey of the Los Angeles-based Center for Human Rights and Constitutional Law told the Arizona Republic that he would be willing to settle the suit, not for monetary damages but for policy changes.

Thomas interpreted the state's 2005 human smuggling law to charge the people smuggled as conspirators; no other Arizona county attorneys have done so. Current County Attorney Rick Romley does not, although Bill Montgomery, who is running against Romley in the Republican primary, has indicated that he would if elected.

http://www.azcentral.com/news/election/ ... 14-ON.html

imagine that..now there wouldn't have been any political influence from the Whitehouse to revice this once settled case now would there?