Thread: Immigrants Group to Meet With Atty General

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Jun 29, 9:08 AM EDT

Immigrants group to meet with AG

CONCORD, N.H. (AP) -- Members of a group opposed to the use the state's trespassing law to cite illegal immigrants will meet with the attorney general's office next week to discuss their concerns.

The New Hampshire Immigrants Rights Task Force objects to recent efforts by police chiefs in Hudson and New Ipswich to crack down on illegal immigrants in their communities.

The efforts have received national attention and outraged some, who say the police are abusing local law to deal with federal issues.

In a letter to Attorney General Kelly Ayotte, the group asks her "to take a formal position against the use of New Hampshire's criminal trespass law to punish immigrants who may be undocumented." The group says it is scheduled to meet with the attorney general's office on Tuesday.

The group says the status of being undocumented is not a criminal offense under federal law and that using the state criminal trespassing law "criminalizes a non-criminal status." The letter also said the federal government has exclusive jurisdiction to regulate and enforce immigration laws. Also, local and state law enforcement officials have no authority to determine anyone's immigration status, the letter said.

Use of the statute "exceeds the letter and spirit of the law," the group's letter said, and leads to increased fear and distrust of law enforcement within the whole immigrant community.

"Without a formal position from you, other law enforcement agencies may decide to use the criminal trespass law to target those they believe may be undocumented immigrants," the letter said. "We ask you to act without delay to issue a statement in opposition of this practice."

The statute says a person is guilty of criminal trespassing if, "knowing that he is not licensed or privileged to do so, he enters or remains in any place."

The police chiefs - W. Garrett Chamberlain in New Ipswich and Richard Gendron in Hudson - say they are doing their part to protect people's safety.

In April, Chamberlain got attention when he cited Jorge Mora Ramirez with criminal trespassing - charged Ramirez with criminal trespassing - a violation comparable to a traffic ticket - after immigration officials refused to take him into custody. Ramirez has pleaded innocent and his trial is scheduled for July 12 in Jaffrey District Court.

Chamberlain said he ran the idea by the Attorney General's office before citing Ramirez and was told it was OK.

"It's a novel theory," state Assistant Attorney Robert Carey said at the time. "We aren't aware of any sort of contrary authority to it, if you look at the statute."

Since that time, Hudson police have cited at least 10 people under the statute.

Hudson prosecutor Brenda L. Hume said in court papers that one of the defendants couldn't produce any documentation of lawful residence in the United States when an officer asked him to pull alongside the road on a traffic offense.

"Therefore, it cannot be said that the defendant did not know that he was in the town of Hudson without a license or privilege to do so," Hume wrote. She wrote that the only act that would have prevented him from being charged with trespassing "would have been his filing the proper paperwork to be present in this country legally."

I think we should all send emails to the attorney general in support of Chief Chamberlain!