http://www.nj.com

Judge to decide illegal's fate
In first-of-its-kind appeal, a judge will decide if an illegal immigrant can enter early release program.
Saturday, June 03, 2006
By RUSS FLANAGAN
The Express-Times
EASTON | A Northampton County judge will decide whether an illegal immigrant charged with shoplifting should be allowed to enter a program for first-time offenders that would wipe his record clean.

District Attorney John Morganelli said he has the discretion to deny any applicant admission into the Accelerated Rehabilitative Disposition program. He said his office has blocked hundreds of illegal immigrants from the ARD program but the case of 33-year-old Chinese national Chang Yao Zou is the first to be challenged.

Morganelli said he has the power to bar Zou from the program because Zou first broke the law when he entered the U.S. illegally then broke it again on Aug. 24 when he stole $256 worth of merchandise from the Home Depot in Palmer Township.

Morganelli said denying Zou entry into the ARD program does not violate the equal protection clause or the due process clause in the Constitution. He cited the 1982 case of Plyler v. Doe in which a judge ruled illegal immigrants are not a protected class and do not have the same rights as citizens.

In that case, the court ruled being labeled an illegal immigrant voluntarily entered the country illegally, and therefore, committed a crime.

But Zou's attorney, Daniel A. Rendine of Philadelphia, claims illegal immigrants do have equal protection because the law protects "people," not just citizens.

Northampton County Judge Edward G. Smith is reviewing the matter.

If offenders admitted into the ARD program comply with probation department requests during a pre-set period, their criminal record is wiped clean.

Records say Zou waived his preliminary hearing on Sept. 21 with the expectation he would be accepted into the ARD program. He filed the ARD application Sept. 29 but it was denied Dec. 8 because he was found to be an illegal immigrant, records say.

Zou, who lives in Philadelphia, wrote Morganelli a letter on April 11 asking to be admitted into ARD, but his request was denied the next day.

Morganelli was a panelist Thursday night on CNN's "Lou Dobbs Tonight" talking about the illegal immigration issue.

Reporter Russ Flanagan can be reached at 610-258-7171 or by e-mail at rflanagan@express-times.com.