Thread: AZ court: Immigrants subject to smuggling law

July 17, 2008 - 1:47PM
AZ court: Immigrants subject to smuggling law
The Associated Press
PHOENIX - The state appeals court has upheld the conviction of an illegal immigrant prosecuted as a conspirator under Arizona's human-smuggling law.

In its ruling, the court found that the law's wording is clear and unambiguous - illegal immigrants can be convicted for conspiracy to smuggle themselves into the country.

The defendant, Juan Barragan-Sierra, argued that the Legislature didn't intend to punish anyone but smugglers when it passed the law.

The appellate court also disagreed with Barragan-Sierra's contention that federal immigration law pre-empts the state law. The court says states' police powers encompass human smuggling and Arizona's law isn't trying to regulate immigration.

Barragan had admitted paying a smuggler $2,000 to be taken into the U.S.


http://www.eastvalleytribune.com/story/121034

So... it is fine with me. The individual is paying the criminals to do damage. So both are involved in crime and both should be punished.

That explains the rise in "kidnappings" . Gotta close that loophole and deport the "kidnapped victims" if illegal aliens. No excuses.

Part of me cried and then another said yes....you are responsible for your own actions. When you willingly and knowingly sign up with a smuggler....you aren't a victim...you are a promoter.


Just like parents who pay a smuggler for their children....ya...sorry you are GUILTY!

This is what Sheriff Joe and Andrew Thomas have been working so hard for us for a long time. This is a great victory, but watch them appeal the appeals court...

Jul. 17, 2008 02:27 PM
Associated Press
Arizona's appeals court on Thursday upheld the conviction of an illegal immigrant prosecuted as a conspirator under the state's human-smuggling law.

The court found that the law's wording is clear and unambiguous — illegal immigrants can be convicted for conspiracy to smuggle themselves into the country.

The defendant, Juan Barragan-Sierra of Mexico, had argued that the Arizona Legislature didn't intend to punish anyone but smugglers when it passed the law.

The 2005 law made it a state crime to smuggle humans, already a federal crime.

But under a disputed interpretation by Maricopa County Attorney Andrew Thomas, more than 650 immigrants themselves have been charged and convicted of violating the law as conspirators. Convictions can bring up to two years in prison.

Barragan-Sierra, 23, had admitted paying a smuggler $2,000 to be taken into the U.S. in June 2006.

“A person may commit conspiracy to commit an offense — in this case, human smuggling — even if he cannot be convicted of the offense itself,â€

“In this case the federal government has enacted a wide range of laws that address both illegal entry into the United States, as well as smuggling,â€