Don't City\County Cops arrest Citizens on federal charges all the time?
AG: No more use of criminal trespass
By DAN McLEAN
Union Leader Correspondent
August 23, 2005
HUDSON — The attorney general has written to all of New Hampshire’s law enforcement officials, instructing them not to charge illegal aliens with violating the state’s criminal trespass statute, according to documents obtained yesterday by the New Hampshire Union Leader.
On Aug. 12, Jaffrey-Peterborough District Court Judge L. Phillips Runyon III dismissed criminal trespass charges Hudson police filed against seven alleged illegal aliens.
“Having carefully examined the Court’s decision and the relevant case law, this office has determined that there is an insufficient basis for appeal,” Attorney General Kelly Ayotte wrote in a memo dated Aug. 15. “Accordingly, New Hampshire law enforcement officials should not make future arrests for criminal trespassing based solely on the defendant’s immigration status.”
Following the lead of New Ipswich Police Chief W. Garrett Chamberlain, who gained national attention when he charged Jorge Mora Ramirez with criminal trespassing in mid-April, Hudson Police Chief Richard Gendron on May 10 began charging alleged illegal aliens with violating the state’s criminal trespass statute.
In court, police prosecutors argued the alleged undocumented aliens had committed criminal trespass because they knowingly entered and remained in the towns of New Ipswich and Hudson without permission to do so.
“While the Court recognized that these charges reflected a novel approach to address immigration violations at the state level, the Court nevertheless ruled that the criminal trespass charges against the defendants were unconstitutional attempts to regulate . . . immigration violations, a field that is solely governed by federal law,” the attorney general wrote.
State Rep. Andy Renzullo, R-Hudson, wrote to Ayotte on Thursday, asking her to appeal the ruling. In an e-mail later that day, the attorney general declined his request.
Renzullo said he is “still leaning toward” filing a bill that would outline specific conditions in state law that would allow for an illegal alien to be charged with criminal trespass.
State. Rep. Jordan G. Ulery, R-Hudson, believes the charges against the alleged illegal aliens should not have been dismissed in district court.
“It was based on federal law. And the last time I checked, Jaffrey-Peterborough District Court had nothing to do with the United States’ federal judicial system,” Ulery said in a phone interview last night. “If you are going to have a federal argument, let the federal courts decide.”
Ulery said he plans to introduce legislation that would increase the penalty for New Hampshire employers who knowingly hire illegal aliens.
Criminal tresspassing, unless I am retarded, is when you're illegally where you're not supposed to be, no??
Oh well, I'm not as smart as those east-coast judges. I guess I don't understand how an illegal alien isn't criminally tresspassing on every square inch of this country.
Yeah, just ANOTHER law the illegals are immune from enforcement
now they are getting judges to verify their immunity from prosecution
Silly ARFCOM, American laws only apply to real Americans.
It's amazing that they can muster 50 -70 cops at a Virginia gun show to do nothing but harass law abiding citizens. But the one cop that actually does something good is reprimanded. There is a higher up power that is trying to ruin this country. IMO.
GOP lawmakers ask Lynch to pursue illegal alien case
By DAN McLEAN
Union Leader Correspondent
August 26, 2005
HUDSON — A coalition of Republican state representatives called upon the governor yesterday to instruct Attorney General Kelly Ayotte to appeal a ruling made in district court that prevents the prosecution of illegal aliens under the state's criminal trespass statute.
The attorney general sent a memo to law enforcement officials across the state on Aug. 15 informing them they "should not make future arrests for criminal trespassing based solely on the defendant's immigration status."
She further stated that there is "insufficient basis for appeal."
On Aug. 12, Jaffrey-Peterborough District Court Judge L. Phillips Runyon III dismissed the criminal trespass charges police from New Ipswich and Hudson filed against alleged illegal aliens.
Yesterday, the House Republican Alliance called for Gov. John Lynch to take a "strong pro-active stand" in support of police who used the criminal trespass law to attempt to curb illegal immigration.
"It is vital to the safety of New Hampshire citizens that the flow of illegal immigration through New Hampshire be checked," said state Rep. Andy Renzullo, R-Hudson. "The recent report that Attorney General Kelly Ayotte will not take this case to the (state) Supreme Court calls for the governor to step up to the plate on this issue."
The House Republican Alliance is a group of 65 to 100 Republican state representatives, said alliance organizer Rep. Paul Mirski, R-Enfield. The coalition has no formal membership list, he said.
The legislators who belong to the Alliance are "most of the conservatives in the House," said Renzullo, who will be appearing on Fox's "Hannity & Colmes" tonight to discuss illegal immigration.
The coalition plans to introduce legislation in the upcoming session to "clarify" criminal trespass laws and enhance penalties for employers who knowingly hire illegal aliens.
Not a chance in hell of Lynch doing anything.
If America destructs -it will have happend from the inside.
So there are NO federal laws that Local Cops would arrest you for if they saw you breaking them?
I'll try to look for some specific examples this weekend
Looks like we have "chatter" in NH, they say that if a terrorist attack is facilitated
by our open southern border, we will not have another republican pres for 50 years
Legislators plan to take up immigration debate
Aug. 28, 2005
Not dissuaded by a recent court ruling, several state legislators want to reshape New Hampshire’s laws to better control illegal immigration.
Their nascent legislation aims to strengthen local and statewide efforts on several fronts because the federal government has failed to act, they said.
“The federal government either can’t or won’t do the job,” Rep. Andy Renzullo said. “So if the federal government can’t do anything and the state can’t do anything, you’ve got to say, ‘Who’s going to do something?’ ”
Renzullo and two other representatives – all Republicans from the district covering Hudson, Litchfield and Pelham – are each drafting bills for the upcoming legislative session. The legislators said their bills have the initial support of more than 100 of their colleagues.
Rep. Jordan Ulery’s bill will call for stiffening monetary penalties on companies that knowingly hire illegal immigrants. Rep. David Buhlman seeks to prohibit the Department of Health and Human Services from granting benefits, with the exception of emergencies, to illegal immigrants.
Renzullo wants to allow local police the authority to cite illegal immigrants for trespassing, a move to undo a district court decision that stopped the police departments in New Ipswich and Hudson from employing this tactic.
“We’re going to, in essence, overrule the judge,” Buhlman said of Jaffrey-Peterborough District Court Judge L. Phillips Runyon’s ruling this month that local use of the trespass law to target illegal immigrants undermined congressional authority.
“It’s not solely a federal issue,” Buhlman added.
But New Hampshire’s two representatives in the U.S. House want to make it one.
Reps. Charles Bass and Jeb Bradley share the sentiment that the federal government hasn’t done enough. They also want tighter borders and more efficient documentation of immigrants.
They point to their backing of several federal legislative initiatives to demonstrate their work in curbing illegal immigration, including a provision in a homeland security bill that allows state and local police to detain and
transport people who are in the country without proper paperwork.
Bass, for one, said “it’s embarrassing” that U.S. Immigration and Customs Enforcement “doesn’t have the interest or the personnel or the resources to . . . support local police efforts to enforce immigration.”
ICE officials have their hands full screening for terrorists and working the Mexican border, making it hard to focus on small northern towns such as New Ipswich and Hudson, Bass said. The bill – passed by the House and now in a Senate committee – would give local and state police the right to assist ICE.
Bass and Bradley supported House measures to increase border patrols and construct a fence along the Mexican border near San Diego. They also voted to strictly regulate federal acceptance of personal identification, in what is known as the Real ID Act. The bill passed the House but sits in a Senate committee.
Sens. Judd Gregg and John Sununu didn’t immediately return phone calls seeking comment.
These local and federal efforts come as illegal immigration increasingly dominates, and in some ways divides, American conversation.
U.S. Census estimates place the number of illegal immigrants at 10 million, and other groups have higher tallies. Many favor improved enforcement, but many also disagree to what extent. It has even split those within the same party.
In the Senate, Republicans John McCain and Jon Kyl of Arizona have introduced competing immigration reform bills, with similar enforcement proposals but differing ideas on the length of stay for guest workers. Bass opposes the worker plans, including one floated by President Bush, because he said they would trample the efforts of those who have followed every step currently required in gaining citizenship.
Bush hasn’t publicly pushed his plan, and he has drawn sharp criticism from many in the GOP for not taking a tougher stance on the overall issue. This month, the Democratic governors of New Mexico and Arizona declared states of emergency to deal with Mexican gangs, drug cartels and immigrant smugglers.
Bradley said he shares the frustration of many that the federal government hasn’t done enough.
“I think I have a clear voting record to strengthen our borders, but getting the legislation actually passed has proven to be somewhat more difficult,” he said.
Asked for the cause of this stalemate, Bradley said that because of America’s deep history of immigrants strengthening the country, not everyone can concur on how to handle those who now pursue the same opportunities.
“I’m not saying we need to stop immigration at all; people can come from wherever,” Bradley said.
But guest workers must closely adhere to the visa program, and the government should conduct proper background checks before immigrants enter and ensure that they leave when their visas expire, Bradley said.
At least one state representative believes Bush and Congress haven’t acted swiftly for political reasons.
“Democrats are looking for votes and Republicans are looking for business support,” Renzullo said. “But if there’s ever another attack, and it comes through below the border, you won’t see another Republican president for 50 years.”
Renzullo and others who seek enhanced immigration enforcement cite terrorism as one of their chief concerns. They also claim illegal immigrants undercut American labor by allowing businesses to tacitly lower wages.
Ulery said he’s still working on language, but his bill would modify the civil law that levies fines of up to $1,000 on those who hire illegal immigrants. A new law would instead command a more definitive fine with potentially higher dollar figures, he said. It would also differentiate between businesses that willingly hire and homeowners who unintentionally hire. The measure will give offenders one chance before facing criminal action, he said.
“I’m not going to go to England and demand to drive on the right side of the road,” Ulery said. “You respect the customs and traditions and laws of the country you’re visiting. If you want to work in this country, you have to pay the taxes, pay the Social Security . . . participate in this society.”
Ulery said several unions will support his measure, but some have indicated they won’t.
The legislators also hope to revive the use of trespassing laws to cite illegal immigrants. Runyon threw out the local police application, calling it unconstitutional for dealing with an area that should be handled only federally.
Renzullo’s bill, also currently in draft form, will directly insert those who have “no legal privilege or right to be in the territory of the United States” into the state trespass law. This includes those who do not have proper immigration status and those who have intentionally remained in the country after the lapse or denial of the privilege.
“If Runyon’s opinion is not challenged, that’s his opinion,” Renzullo said. “But if my bill gets passed, it will go nose to nose with Runyon’s opinion.”
In expectation of this possible judicial-legislative clash, Renzullo and a group of legislators coalesced as the New Hampshire House Republican Alliance have asked Gov. John Lynch to have Attorney General Kelly Ayotte reconsider her decision not to challenge Runyon’s ruling.
“That’s why I want the AG to make the appeal to someone other than who writes traffic fines,” Renzullo said of Runyon’s post on the district court level.
But Lynch’s spokeswoman, Pamela Walsh, said that although the governor hasn’t seen the group’s letter, Ayotte’s decision was hers to make.
Renzullo’s action concerns advocates of illegal immigrants. Arnie Alpert, a member of the New Hampshire Immigrants Rights Task Force, hasn’t seen a draft of the bill, but he cautioned that if all it does is “tinker” with state trespassing law, it fails to deal with the larger constitutional issues that Runyon cited.
Moreover, Alpert sees the effort as again opening the door to racial and ethnic profiling.
“Who should be stopped?” he said. “People who look like they’re Mexican and Brazilian are more likely to be stopped than someone who looks like they’re from Ireland.”
But Renzullo and others dispute the assertion that their attempts are driven by racism or xenophobia. They just want all immigrants to follow procedure, and they want the country free from what they perceive as a deterioration of labor and a clear chance of criminal and terrorist danger.