Thread: Thomas: State not liable for drug rehab of illegal immigrant

http://kvoa.com/Global/story.asp?S=5400 ... u216_3_3_2


PHOENIX -- Illegal immigrant juveniles convicted of drug offenses may not be treated at government-funded rehabilitation centers because Proposition 200 and federal law ban public services for such migrants, Maricopa County Attorney Andrew Thomas says.


Thomas also claims that state judges not only have the authority to determine whether a defendant is an illegal immigrant but also a duty to make that finding so that improper referrals are not issued during sentencing.

Judges do not as a rule ascertain the citizenship or immigration status of defendants.

Thomas said "the law is clear that it is not the responsibility of taxpayers to provide rehabilitation services to juvenile delinquents who are illegal immigrants."

His argument was to be filed Wednesday before Maricopa County Superior Court Judge Jonathan Schwartz.

It appears to contradict a formal opinion issued by Arizona Attorney General Terry Goddard in 2004, shortly after Arizonans approved Proposition 200.

Besides requiring voters to prove citizenship before casting ballots, the measure prohibits government employees from delivering public services to undocumented immigrants.

Goddard's office declined to comment Tuesday.

In his earlier opinion, Goddard concluded that Proposition 200 applies only to welfare programs in five specific areas, none of which includes drug treatment.

But assistant County Attorney Anne Longo, who co-authored the brief with Thomas, said the opinions from two of Arizona's top justice officials are not in contradiction.

Danny Ortega, an attorney who unsuccessfully challenged Arizona's Proposition 200 before the 9th Circuit Court of Appeals last year, said Goddard correctly defined the limits of the law and Thomas' plea is merely a stunt.

Randy Pullen, who chaired the Yes on Proposition 200 campaign, said the law was written to cover "all (government) services that aren't emergency services" and Thomas' interpretation is appropriate.

Thomas said there are no data showing how many undocumented juvenile defendants appear in Maricopa County courts each year or how many are referred to tax-financed treatment centers.

He blamed the lack of information on a "conspiracy of silence" about illegal immigration within the justice system.

Elias Bermudez, president of Immigrants without Borders, said drug dependence is a disease and a child's addiction should be viewed as a medical emergency beyond the restrictions of Proposition 200.

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Information from: The Arizona Republic, http://www.azcentral.com

Let the IAs get drug treatment in their home countries.