Thread: Illegals on drugs to get rehab? AZ says hell no!

Thomas: No rehab for young migrant
Prosecutor wants court to deny treatment for boy

Dennis Wagner
The Arizona Republic
Sept. 13, 2006 12:00 AM


The question: If an undocumented immigrant is in Juvenile Court on drug charges, can the youth be referred to a state-financed rehabilitation program?

Maricopa County Attorney Andrew Thomas answers with a definitive "no" in court papers to be filed today, arguing that regulations called for by Proposition 200 and federal law ban those who are in the country illegally from receiving government services, including drug treatment.

The pleading goes even further, declaring that state judges not only have the authority to determine whether a defendant is an illegal alien but also a "duty" to make that finding so that improper referrals are not issued during sentencing. Judges do not as a rule ascertain the citizenship or immigration status of defendants. advertisement




Anne Longo, an assistant county attorney who co-authored the brief, was asked if that logic would oblige all judges in juvenile and adult court to determine whether criminal defendants are in the country legally and to act accordingly.

"I think you could infer that, yes," Longo said.

In an interview, Thomas said he recognizes the tragedy of delinquent teenagers who are dependent on drugs. "However," he said, "I believe the law is clear that it is not the responsibility of taxpayers to provide rehabilitation services to juvenile delinquents who are illegal immigrants."


Apparent contradiction
The county attorney's argument, which will be filed before Judge Jonathan Schwartz of Maricopa County Superior Court, appears to contradict a formal opinion issued by Arizona Attorney General Terry Goddard in 2004, shortly after Arizonans approved Proposition 200.

Besides requiring voters to prove citizenship before casting ballots, the measure prohibits government employees from delivering public services to undocumented immigrants.

Goddard's office declined to comment Tuesday. In his earlier opinion, Goddard concluded that Proposition 200 applies only to welfare programs in five specific areas, none of which includes drug treatment. But Longo said the opinions from two of Arizona's top justice officials are not in contradiction.

The question surfaced in the case against a 16-year-old Phoenix student who came to Arizona eight months ago from Mexico. Bill FitzGerald, a county attorney spokesman, said the teen was found delinquent based on two felonies: possession of narcotics and possession of marijuana. FitzGerald said the teen is a heroin user who previously was treated in his native country.

The boy's public defender, Albert Duncan, could not be reached for comment.

Schwartz requested pleadings on the drug-treatment question in preparation for a sentencing hearing this afternoon. A signed copy of the county attorney's argument was provided to The Arizona Republic on Tuesday.

In it, prosecutors say the judge must withhold treatment to an undocumented immigrant and should contact immigration authorities "and ask that they take the juvenile into custody so that appropriate deportation proceedings can commence."


Political move?
Danny Ortega, an attorney who unsuccessfully challenged Arizona's Proposition 200 before the 9th Circuit Court of Appeals last year, said Goddard correctly defined the limits of the law and Thomas' plea is merely a stunt.

"The county attorney (Thomas) is looking for any opportunity to apply Proposition 200 for the sake of promoting his own political agenda," Ortega added.

Randy Pullen, who chaired the Yes on Proposition 200 campaign, said the law was written to cover "all (government) services that aren't emergency services" and Thomas' interpretation is appropriate.

"I appreciate that he (the juvenile) has an issue, a problem," Pullen said, "but it's the responsibility of the Mexican government to deal with it."

Thomas said there are no data showing how many undocumented juvenile defendants appear in Maricopa County courts each year or how many are referred to tax-financed treatment centers.

He blamed the lack of information on a "conspiracy of silence" about illegal immigration within the justice system.

However, Thomas said that because Arizona is a hub for undocumented immigrants, the numbers are likely to be substantial. While juveniles who suffer from addiction deserve appropriate care, he added, "They should be rehabilitated in their country of origin."

Hector Yturralde, president of the Arizona Hispanic Community Forum and acting president of the We Are America coalition, said he believes Proposition 200 does not apply to medical treatment except for eye exams.

Even if Thomas' interpretation is correct, Yturralde said, it demonstrates that the initiative is bad public policy, "a mean-spirited proposition aimed at a group of people to make their lives even more miserable."

Elias Bermudez, president of Immigrants without Borders, said drug dependence is a disease and a child's addiction should be viewed as a medical emergency beyond the restrictions of Proposition 200.

"It is the hypocrisy of (Thomas) . . . that human justice never takes precedence over an unfair law," Bermudez said.


Reach the reporter at dennis.wagner@arizonarepublic.com or (602) 444-8874.

http://www.azcentral.com/specials/speci ... b0913.html

Please......we have enough of our own that aren't getting treatment. Pay to straighten them up while the border stays wide open......no thanks.

Originally Posted by crazybird

Please......we have enough of our own that aren't getting treatment. Pay to straighten them up while the border stays wide open......no thanks.

Let their OWN GOVT take care of them.

DEPORT them now that they know who they are

.

We already take care of a lot of Mexico's problems, enough of this!

Deport them!