Thread: Maricopa prosecutor misinterpreting immigration law

http://www.azdailysun.com

Lawmakers: Maricopa prosecutor misinterpreting immigration law

By AMANDA LEE MYERS
PHOENIX -- The top prosecutor in Arizona's most populous county is misinterpreting the law under which he wants to charge 51 illegal immigrants with a felony, two legislators who helped write the law said Friday.

Officials discovered the immigrants in a pair of furniture trucks about 50 miles west of Phoenix Thursday.

Authorities said they obtained confessions from several in the group who said they paid smugglers -- commonly called "coyotes" -- up to $2,000 each to bring them across the border. The immigrants were booked into county jail for allegedly conspiring with their smugglers to sneak into the country illegally.

The arrests mark the first time local authorities have applied a new state law on migrant smuggling to the smuggled immigrants themselves.

Republican and Democratic state lawmakers approved the law a year ago, making human smuggling a state crime.

In September, Maricopa County Attorney Andrew Thomas issued an opinion declaring that illegal immigrants can be prosecuted under the law as co-conspirators if they pay a coyote for transport.

Under his interpretation, the immigrants arrested Thursday can be charged with a felony punishable by up to two years in prison. But two of the law's authors said Friday that it was never their intent for illegal immigrants to be prosecuted under the law.

"This is something the county attorney came up with himself," said Rep. Jonathon Paton, R-Tucson. "I never intended that immigrants would be arrested ... That's not what I sold the bill as, and that's not what our attorneys at the time told us. It was pretty clear."

When Sen. Timothy Bee, R-Tucson, was contacted about the arrests, he hadn't heard Thomas was seeking to charge the immigrants under the human smuggling law.

"Wow," he said. "That's the first time I've seen that interpretation of the law. The law was designed to go after those who are involved in drug trafficking and human trafficking for a profit."

But Barnett Lotstein, special assistant county attorney, said Thomas' stance on the law is no surprise. Thomas issued his opinion on the subject in September and sent out a news release about it.

"That wasn't a hidden fact," he said. "It seems a little bit circuitous to now say, 'Gee whiz, the law was never intended to do that."'

Lawmakers had plenty of time to amend the law, but they simply chose not to, Lotstein said.

"There has not been any effort in the Legislature to change the law or amend the law, nor has the governor proposed to change the law, and the governor is a pretty astute lawyer," he said.

Jeanine L'Ecuyer, a spokeswoman for Arizona Governor Janet Napolitano, declined to comment on the issue, saying, "We're not going to get into this."

Thomas, a Republican who campaigned on the promise of getting tough on illegal immigration, has also set up a special squad to focus on enforcing the new state smuggling law.

Other lawmakers questioned the logic of prosecuting illegal immigrants under the human smuggling law.

"I don't think it would be wise public policy to fill up our prisons with people whose only offense is that they paid someone to get into the country, and otherwise haven't broken any laws in this state," said Rep. Bill Brotherton, D-Phoenix, who supported the human smuggling bill last year. "Imagine this being done on a wide scale. You're talking about putting potentially thousands or tens of thousands of new people into the prison system."

Lotstein said that's not much of an argument.

"That's like saying because a lot of people are breaking the law, you should ignore the law," he said.

Lawmakers, attorneys and immigrants alike will have to wait for the issue to be decided in court before they know whether Thomas' interpretation of the law is legally sound.

Meanwhile, the 51 immigrants made their first court appearance Friday morning. Their bond was set at $5,400 each and their court date was scheduled for March 13.

Three others found in the trucks with them were turned over to U.S. Immigration and Customs Enforcement, who will decide whether to deport the trio.

One of the three was a minor, and officials decided not to pursue charges against the other two.

Previously, state agencies have entrusted the U.S. Border Patrol with handling illegal immigrants.

While sheriff's deputies called the U.S. Border Patrol for assistance with the immigrants on Thursday, the deputies called back and said they could handle the situation on their own, Border Patrol spokesman Richard Hays said.

Hays said the Border Patrol will be closely monitoring how the state handles the immigrants.

While he said having a state agency deal with illegal immigrant smuggling "is relatively new" to Border Patrol agents, he insisted it was not a turf battle.

Maricopa County Sheriff Joe Arpaio said he will continue to arrest immigrants who pay smugglers to illegally enter the United States.

"I'm not going to go around on street corners and pick them up because they look like Mexicans," he said. "But when we do an investigation or an arrest and smugglers are involved and other people are involved in a conspiracy, I'm gong to arrest them. And I'm sure the county attorney will prosecute them."

On the Net:

Maricopa County Attorney Andrew Thomas: http://www.maricopacountyattorney.org/

U.S. Immigration and Customs Enforcement: http://www.ice.gov

I don't care which law applies to illegals, just as long as they're rounded up and thrown outahere. I welcome anyone who is here legally.

"That's like saying because a lot of people are breaking the law, you should ignore the law," he said.

THIS ACTUALLY SEEMS TO BE THE MAIN ARGUMENT ACROSS THE BOARD ON THESE IMMIGRATION ISSUES, DOESN'T IT?

Business especially counts on it to escape culpability. Well since were ALL doing it - you should let us et away with it -You wouldnt want to hurt the ECONOMY now would you?

Maricopa County Attorney Andrew Thomas is the kind of lawyers we NEED in this country!! RESPECT THE LAW!!

I don't think it would be wise public policy to fill up our prisons with people whose only offense is that they paid someone to get into the country, and otherwise haven't broken any laws in this state," said Rep. Bill Brotherton

This is interesting, I thought. The 'smuggled' are the key to the conspiracy. How are they innocent?? They should be fined $5000 and deported. They might think twice before trying to come across the border again.

The Maricopa county sheriff will not have a bit of trouble building some more tent city jails.

RR

RoadRunner wrote:

Quote:
I don't think it would be wise public policy to fill up our prisons with people whose only offense is that they paid someone to get into the country, and otherwise haven't broken any laws in this state," said Rep. Bill Brotherton


This is interesting, I thought. The 'smuggled' are the key to the conspiracy. How are they innocent?? They should be fined $5000 and deported. They might think twice before trying to come across the border again.

Totally agree, RoadRunner. If its the crime of the day, let the damn prisons fill up. If it wasn't the crime of the day, it would be some other crime that would fill our prisons. Besides, we shouldn't be detaining them. If they can't prove their legality, they should be deported on the spot. He justifys the illegals' status with the lack of a sufficient number of jails.

Since these legislators are local, I was thinking of calling them and telling them what I think even though they were the original authors of the law. The reason any previous attempts to enforce the law failed was because the "witnesses," the aliens themselves, were always deported immediately therefore they weren't kept around to testify against the smugglers/coyotes, therefore no case. Case dismissed. This interpretation by the Maricopa County Atty may lead to the first actual prosecution. I don't understand why these guys are upset as their own interpretation seems to void prosecutions.