http://www.theunionleader.com/articles_ ... icle=57478

Immigrant rights group appeals to AG
By KATHRYN MARCHOCKI
Union Leader Staff

A statewide immigrants rights task force yesterday asked Attorney General Kelly A. Ayotte to instruct local police chiefs to stop using the state's criminal trespass law against illegal aliens.

"We cannot see the attorney general being silent or passive in a situation like this. . . . People are fearful," said Nabil Migalli, a member of the New Hampshire Immigrants Rights Task Force.

"The issue attracted nationwide attention. However, no other police chief in any other part of the country followed (suit), even those who admired what they did. No one will follow their path because, in essence, it is illegal," Migalli said.

The task force presented a letter stating its position to the office during a nearly hourlong meeting with Deputy Attorney General Michael A. Delaney and Simon Brown, criminal justice bureau chief.

The letter had the endorsement of 36 clergy, labor, religious, health care and political leaders and human rights groups. They included state Sen. Lou D'Allesandro of Manchester, the Rev. V. Gene Robinson, Episcopal bishop of New Hampshire, and the New Hampshire AFL-CIO.

New Ipswich Police Chief W. Garrett Chamberlain began the practice in April, claiming frustration with what he says is federal inaction on enforcing illegal immigration laws. Hudson Chief Richard Gendron followed suit.

To date, a total 10 illegal aliens are known to have been charged in New Ipswich and Hudson under the state law that says "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, a Mexican arrested by New Ipswich police in April, will be the first to go on trial Tuesday.

"Tactics such as the ones used by police officials in New Ipswich and Hudson . . . increase fear and distrust of law enforcement within the whole immigrant community," the letter said.

The task force asked the two chiefs to stop making the arrests in May.

After both indicated they would continue the practice, the task force turned to the attorney general's office as the state's top law enforcement agency, Migalli said.

Delaney said his office first intends to let the process proceed at the district court level, then review the matter afterward.

"The Attorney General's Office has full confidence in the judicial system," Delaney said.

"After the courts have reviewed the matter, it will be the responsibility of our office to carefully and thoroughly assess the records and rulings and make an assessment of how the case should be handled from there," he added.

Delaney said the office "appreciates the importance of these cases . . . and (we) have been following them."

Migalli called the meeting "very encouraging."

He said the task force asked the Attorney General's Office to at least instruct the two chiefs to make no further arrests until the courts have decided.

"They listened to our concerns. They did not minimize the concerns. They are going to look into our requests and if it is possible for them to take a position," Migalli said.