Thread: Hudson cites immigrant with trespassing

Hudson cites immigrant with trespassing


By ANNE LUNDREGAN, Telegraph Staff
lundregana@telegraph-nh.com

Published: Saturday, May. 28, 2005

HUDSON – A Brazilian immigrant is facing criminal trespassing charges after a traffic stop early Friday morning.

Luiz De Amorim, 42, of Hudson, was cited for criminal trespassing and for driving without a valid license. Both charges are violations, which are less serious than misdemeanors. De Amorim was let go without being arrested.

It’s the fourth time in the past two months local police have used a minor state law to charge someone with being in the country illegally. The technique was first used by New Ipswich Police Chief Garrett Chamberlain who reasoned if someone is in the United States illegally, that person could be charged with trespassing.

Hudson Police Chief Richard Gendron was supportive of Chamberlain’s use of the law and pledged to use the same method in his town.

The unusual approach has drawn national attention with many people praising local police and other accusing them of racial profiling.

In this most recent case, officer David Cayot stopped De Amorim at 1:20 a.m. after observing his car cross the yellow line on Lowell Road, according to Capt. Ray Mello.

De Amorim was unable to produce a valid driver’s license or identification. He had a Brazilian driver’s license and told the officer that he was not in the country legally, Mello said.

Under state law (RSA 635:2) a person is guilty of criminal trespass if “knowing that he is not licensed or privileged to do so . . . enters or remains in any place.� Such charges are usually filed in domestic disputes.

Hudson police also notified Immigration and Customs Enforcement, formerly known as INS, after issuing the summonses to De Amorim, Mello said. On Friday afternoon, Mello said that the department had not heard back from immigration authorities.

The citation came one day after two undocumented Mexican immigrants pleaded innocent in Nashua District Court to criminal trespassing in Hudson.

The men, Sergio Ruiz-Robles, 21, and Margarito Jaramillo Escobar, 23, both of 55 Perham St. in Nashua, were initially stopped by Hudson police on May 12 for having defective equipment on their car.

The men’s lawyers said they plan to challenge the town’s use of the state statute on constitutional grounds.

In a motion to dismiss, their attorney argued the federal government is responsible for regulating immigration. A court hearing is scheduled for July 22.

The first man charged in New Ipswich, Jorge Ramirez, retracted his initial guilty plea after he retained a lawyer at the request of the Mexican consulate.

Police officers routinely come into contact with undocumented immigrants, as there are an estimated 10 million illegal immigrants in the country, Mello said.

There have been critics and supporters of Hudson’s and New Ipswich’s use of the criminal trespassing statute. Protestors recently met with Chiefs Gendron and Chamberlain challenging their application of state law in the cases.

The Hudson Board of Selectmen recently voiced their support for the police department with some members saying that the federal government should examine how immigration laws are enforced.

http://nsnlb.us.publicus.com/apps/pbcs. ... 55/-1/news

Like ive said before, god bless the small town police dept/sheriff's office .... for they are the ones who really belive in protecting the good people of America and our quality of life ... unlike the big city cops in illegal immigrant haven cities and the feds.

Originally Posted by ChrisF202

Like ive said before, god bless the small town police dept/sheriff's office .... for they are the ones who really belive in protecting the good people of America and our quality of life ... unlike the big city cops in illegal immigrant haven cities and the feds.

thanks

I thought I should thank them for having a backbone and taking a stand.
For those interested, here is the contact info:

Hudson PD:

http://www.hudsonpd.com

E-mail address: police@hudsonpd.com


New Ipswich PD:

http://www.nipd.net

E-mail address: 901@nipd.net

Nes Ipswich PD homepage has some details regarding the issue on their front page.