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9/22/2017 12:11:25 AM
Posted: 8/13/2005 12:02:14 AM EDT
Judge tells police to lay off immigration enforcement
By Stephen Dinan
THE WASHINGTON TIMES
August 13, 2005
www.washtimes.com/national/20050812-111318-7963r.htm
A judge in New Hampshire said police cannot charge illegal aliens with criminal trespass, dismissing cases yesterday against eight aliens and ending what some had hoped could be a new approach to tackling illegal immigration.
In his written order, Judge L. Phillips Runyon III said immigration enforcement is a federal duty, and the towns of New Ipswich and Hudson in southern New Hampshire were encroaching on it.
"The criminal trespass charges against the defendants are unconstitutional attempts to regulate in the area of enforcement of immigration violations," Judge Runyon wrote.
Police in the two towns had pulled the aliens over on traffic stops, and then charged them with criminal trespass after they could not prove they were in the country legally. The trespass law says someone is in violation "if, knowing that he is not licensed or privileged to do so, he enters or remains in any place."
Lawyers for the police argued that local authorities weren't trying to enforce immigration law, but rather were trying to protect residents from people who had no right to be where they were.
Judge Runyon disagreed, arguing the case essentially was about immigration because the state was asking the court to use federal standards for immigration status and then apply a local offense in addition to what the defendants would face under federal immigration law.
The judge said the series of penalties the federal government imposes for immigration violations are so complete that Congress meant to leave no room for states in immigration enforcement.
The lawyer for some of the illegal aliens said the decision is a victory for immigrants and immigration policy.
"Now, hopefully the defendants can return to living their lives normally," said Randall A. Drew, who represented three illegal aliens.
Not all of the illegal aliens charged with trespass challenged the charges, but Judge Runyon dismissed the charges against them, too.
The judge said his ruling doesn't mean state and local authorities cannot play a role in immigration. He said federal law has a process for local police to be deputized to help enforce immigration law.
Some members of Congress think that's a good idea, and have introduced a bill to allow local police to detain illegal aliens on immigration charges and deliver them to immigration authorities.
Judge Runyon never said whether New Hampshire's trespass law itself would have applied to illegal aliens. He said he didn't have to reach a decision on that question, since the police actions were illegal for other reasons.
Some of the defendants still face charges on motor vehicle violations, for which they initially were stopped.
Link Posted: 8/13/2005 12:04:13 AM EDT
[Last Edit: 8/13/2005 12:04:56 AM EDT by 22bad]

The lawyer for some of the illegal aliens said the decision is a victory for immigrants and immigration policy.


Yes, It was a victory for illegal aliens all across the country

I am waiting for the next story about our well paid INS Agents that I am sure were at court
waiting to deport these illegal aliens, unless they aren't going to do their jobs..............again
Link Posted: 8/13/2005 12:05:03 AM EDT
When we don't protect our borders, when we don't enforce our laws, civilization as we know it begins to disintegrate. Our most serious enemies are within.
Link Posted: 8/13/2005 12:29:13 AM EDT

The lawyer for some of the pedophiles said the decision is a victory for sex offenders and sex crime policy.


The above would draw outrage from the general populace. Sadly, coming here illegally, a FELONY, isn't even blinked at anymore.
Link Posted: 8/13/2005 12:32:08 AM EDT

Originally Posted By jkstexas2001:
When we don't protect our borders, when we don't enforce our laws, civilization as we know it begins to disintegrate. Our most serious enemies are within.



+1 Very well said!
Link Posted: 8/13/2005 12:38:48 AM EDT

"Now, hopefully the defendants can return to living their lives normallyILLEGALLY," said Randall A. Drew, who represented three illegal aliens.


Normally, would be IN mexico, not here.............
Link Posted: 8/13/2005 1:03:37 AM EDT
I am not advocating this, just making an educated guess. I expect in the next 12-24 months to see taquierias and panacerias (or whateverTF they are called) to start getting firebombed.
Link Posted: 8/13/2005 1:12:03 AM EDT

Originally Posted By LUGERMAN:

Originally Posted By jkstexas2001:
When we don't protect our borders, when we don't enforce our laws, civilization as we know it begins to disintegrate. Our most serious enemies are within.



+1 Very well said!



Worked with the trojan horse
Link Posted: 8/13/2005 6:15:13 AM EDT
Judge tells man in MASS he no longer has to follow any laws, since the federal and state govt LOST ALL MORAL AUTHORITY TO TELL ANYONE WHAT TO DO!!!
Link Posted: 8/13/2005 6:17:57 AM EDT
Link Posted: 8/13/2005 6:23:17 AM EDT
Check out my new signature!
Link Posted: 8/13/2005 6:25:06 AM EDT
I did not think those charges would fly.
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