Superior Court judge steps into immigration
debate

BY ROBERT SWIFT
HARRISBURG BUREAU CHIEF
09/25/2007

HARRISBURG - A state appeals court judge from Luzerne County on Monday urged that county judges be given authority to deport illegal immigrants who have committed serious crimes.

A federal law should be passed so county judges can hold deportation hearings for illegal immigrants who commit crimes in their jurisdiction, said Superior Court Judge Correale Stevens, a candidate for retention to a second 10-year term this November.

Judge Stevens made his comments at a Capitol press conference focusing on what state Republican lawmakers say is a serious public safety threat posed by illegal immigrants engaged in criminal activity. Judge Stevens' statement drew immediate attention because it's unusual for a judge to show up at a press conference where one political party blasts another for bottling up legislation. Political observers suggested Judge Stevens' appearance is a sign that judges across Pennsylvania are nervous about retention prospects this year.

County judges should be able to share deportation powers with federal officials under the doctrine of federalism, said Judge Stevens. This move would address public perceptions that aliens arrested by local police often escape punishment because they either fail to appear at federal immigration hearings or are released by federal immigration officials, he added.

With Hazleton Mayor Lou Barletta also on hand to address the crime issue, the GOP lawmakers released a report outlining what they said are crimes ranging from gang violence to illegal drugs and identity theft that have been committed by illegal immigrants in recent years.

The report is based on legislative testimony and media reports, but it doesn't indicate how many of the illegal immigrants charged with the crimes were convicted.

The lawmakers are trying to drum up support for a package of bills to end nonemergency health benefits to illegal immigrants and require employers to verify Social Security numbers of prospective hires.

In his remarks, Mr. Barletta emphasized the costs and difficulties faced by the Hazleton Police Department in dealing with an upsurge of crimes by illegal immigrants since 2001. He said police wracked up huge overtime costs investigating the murder of resident Derek Kichline by two illegal immigrants in 2005.

"Our budget cannot stand the drain this illegal immigration is bringing to Hazleton," Mr. Barletta said.

Abe Amoros, a spokesman for the state Democratic Party who attended the press conference, said the lawmakers are trying to demonize the Latino community. He also questioned how fair Judge Stevens would be in ruling on cases involving illegal immigrants.

"It's nothing more than a witch hunt," added Mr. Amoros. "They are basically exploiting some of the most defenseless people in our society."

Judge Stevens said he relied on judicial canons to guide his involvement in the press conference.

"I am not here to endorse any specific legislation," he added. "That is not my job. I am here to talk about the administration of justice."

The Pennsylvania Code of Judicial Conduct's seventh canon says a judge should not engage in other political activity except on behalf of measures to improve the law, the legal system or the administration of justice.

Recent court decisions have given judges more latitude to speak on public issues, said G. Terry Madonna, Ph.D., political pollster at Franklin & Marshall College.

Dr. Madonna said Judge Stevens' appearance can be viewed as an effort to counter an organized campaign by political reform groups to vote Pennsylvania judges out of office.

"We've got retention judges running scared all over the place," he added.

Contact the writer: rswift@timesshamrock.com

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