Aug 12, 2005

Judge Dismisses Trespassing Charges Against Illegal Immigrants
The Associated Press

This story can be found at: http://ap.tbo.com/ap/breaking/MGBJOKHPACE.html




JAFFREY, N.H. (AP) - A judge on Friday dismissed trespassing charges against a group of illegal immigrants arrested by two small-town police chiefs who said they were frustrated by lax enforcement at the federal level.

The police chiefs in New Ipswich and Hudson were praised by law enforcement officers nationwide for their novel approach to homeland security. But lawyers for the immigrants argued that only the federal government has the power to regulate immigration, and that the state trespassing law was designed to apply to people intruding on private property.

"The criminal trespass charges against the defendants are unconstitutional attempts to regulate in the area of enforcement of immigration violations, an area where Congress must be deemed to have regulated with such civil sanctions and criminal penalties as it feels are sufficient," Judge L. Phillips Runyon III ruled.

The trespassing law says a person is guilty when he "knows that he is not licensed or privileged to do so, he enters or remains in any place."

The immigrants, most of whom were from Mexico, were cited by police during traffic stops this spring after they produced fake identification and admitted they were in the country illegally. They pleaded innocent and were issued a citation - a violation akin to a parking ticket - which carries a fine and no jail time if convicted.

Last month, Runyon questioned lawyers on both sides at length about the use of the law and expressed doubt that he was the right authority to determine someone's immigration status.

AP-ES-08-12-05 1321EDT