Thread: Illegal alien arrested under trespass law (New Hampshire)

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Illegal alien arrested under trespass law
By DAVID BROOKS, Telegraph Staff
brooksd@telegraph-nh.com
Published: Tuesday, Apr. 19, 2005

NEW IPSWICH - In the latest twist of his public battle against illegal immigrants, Police Chief Garrett Chamberlain has taken what may be a unique legal approach: He has charged a man from Mexico with criminal trespass because he was in town without legal documents.

“He’s in the country illegally so obviously he’s in New Ipswich illegally,� said Chamberlain of the arrest, which was made on the shoulder of Turnpike Road after a routine inquiry Friday.

As defined in state law (RSA 635:2), a person is guilty of criminal trespass “if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.�

Jorge Mora Ramirez, 21, who is living in Waltham, Mass., but is from Mexico, admitted to police that he was in the country on forged documents, Chamberlain said. Therefore, the chief said, Ramirez knew he wasn’t “licensed� to enter or remain in New Ipswich and so was guilty of criminal trespass.

“This is a state law we’ve had for a long time, but I’m the first to use it this way, so far as I know,� Chamberlain said Monday. “Basically, what it is, (federal immigration authorities) expressed no interest in taking custody of (Ramirez), so we’ve elected to address it by ourselves. . . . I knew of the law and figured we’d try this and see what happens.�

Immigration law is generally a federal matter that doesn’t come under the jurisdiction of local police departments. But Chamberlain has often expressed frustration with the federal Immigration and Customs Enforcement (ICE) in the past.

It’s not clear whether courts will allow police to prosecute people for crossing international borders by using a law more commonly applied to domestic disputes. Because Ramirez was not indoors, the criminal trespass is a violation, a level of severity less than a misdemeanor.

“It’s a novel theory,� said state Assistant Attorney Robert Carey, whose office was asked Monday by Chamberlain’s department whether the charge was allowed. “We aren’t aware of any sort of contrary authority to it, if you look at the statute.�

Federal ICE officials could not be reached for comment Monday.

New Ipswich police have had previous disputes with federal immigration officials over illegal aliens, including a much-publicized incident last July when New Ipswich detained nine men but had to let them go after ICE didn’t provide any assistance. Town police also arrested 11 illegal aliens from Mexico last October, but federal officials quickly showed up and took the group away.

On Friday at about 8:25 p.m., police said, an officer noticed a red Ford Explorer stopped, with its hazard lights on, on the westbound shoulder of Turnpike Road near Leel Road. The officer found Ramirez, who speaks little English, alone in the truck.

When Ramirez was asked for his license, according to police, he produced a Mexican driver’s license and a photo ID from Massachusetts with an incorrect Social Security number and no state seal.

Ramirez allegedly admitted that he was here illegally, said he was working for a construction company in Jaffrey and that all of his U.S. IDs were fake.

Ramirez was arrested for operating without a valid license and taken to the New Ipswich police station.

Police said they contacted federal ICE officials and advised them that they had an illegal alien in custody. Police say they spoke to several ICE officials, none of whom wanted to take custody of Ramirez, and were advised that the information would be forwarded to the Boston office for Monday.

Chamberlain then charged Ramirez with criminal trespass. He was sent to the county jail in Manchester when he couldn’t post a $1,500 cash bond.

It’s unusual to be jailed on such minor charges, but Chamberlain said Ramirez’s lack of connections to the area justified the move.

“He admitted (his identification) was fake, so we really don’t know who he is,� he said.

Since then, Ramirez has posted bail and is now free until his May 3 arraignment in Jaffrey-Peterborough District Court.

“Hopefully, between now and then, we’ll get some response (from federal officials) on his fingerprints,� Chamberlain said.

The chief declined to name Ramirez’s employer until the issue had been investigated further.

There are federal laws against employing undocumented workers, but apparently no state laws.

Chamberlain said he hoped his charge would stick and that it would be allowed under other states’ laws.

“If we can get every (police department) across the country to do this, it will really make a difference,� he said.

“If we’re going to have immigration, it needs to be controlled and we need to know what’s happening on our borders. Nobody will be able to look at me and say I didn’t try to do my part."

How many states did this guy go through illegally to go from Mexico to Mass.?The people of this country should do whatever they can within the law to make these invaders feel as uncomfortable as possible and let them know that the Casa America has NO VACANCIES!

Now this is a good man! How many more will begin to stand their ground? If this attitude would only spread through each state.

Originally Posted by 2ndamendsis

Now this is a good man! How many more will begin to stand their ground? If this attitude would only spread through each state.

My thoughts exactly!

Immigration law is generally a federal matter that doesn’t come under the jurisdiction of local police departments. But Chamberlain has often expressed frustration with the federal Immigration and Customs Enforcement (ICE) in the past.

And therein lies 98% of the problem. If it wasn't considered a FEDERAL matter, something would have been done a long time ago.

Everystate has a law against illel immigration.

whoops! Every state has a law against illegal immigration.

While it is true that every state has a law against illegal immigration, it is also true that almost every state has been sitting around for the last 20 years waiting for the Federal government to come to the rescue. I am glad that one by one they are taking back the right to say who may have what privileges in each state. If some state wants it, and maybe there are a couple that do, then let them have them all.

YEEEEHAWWWWWW....how do we email that chief?? I'd like him to know he's probably setting a new precedent. He's ENFORCING the LAW...


RR

He's ENFORCING the LAW...

Now, that's a novel idea!! Who'd a thunk it