I'd like to take issues with your stance against County Attorney Andrew Thomas as reported by the AR.
Daniel González
The Arizona Republic
Mar. 5, 2006 12:00 AM
The lawmaker who sponsored a new state law aimed at battling migrant smuggling said Friday that Maricopa County Attorney Andrew Thomas violated the measure's intent by sanctioning the arrests of 54 undocumented immigrants.
"Are you kidding me? What good is the measures intent if it does not include the arrest of the illegal aliens as well?"
The intent of the anti-smuggling law, passed last year, was to go after smugglers, not migrants, said state Rep. Jonathan Paton, a Tucson Republican.
"Really? The odd thing is that most American citizens including myself actually have the biggest problem with our state being over run by illegal aliens, regardless of how they got here. Where did you ever get the idea that we actually have the biggest problem with the smugglers themselves and not the illegal aliens? You are sadly mistaken, and taking a typical politicians approach, passing legislation that actually doesn't address the real problem"
His comments came Friday, a day after Maricopa County sheriff's deputies charged 54 undocumented immigrants discovered in furniture trucks with conspiring with their smuggler to enter the country illegally.
It was the first time undocumented immigrants have been arrested with a felony punishable by up to two years in prison under the state's new anti-smuggling law.
"Hopefully this trend of going against "your" intent continues"
An immigration-law expert said the arrests raise significant questions, while Thomas' office said that using the measure was appropriate in arresting undocumented immigrants who use smugglers.
"Drug dealers and drug buyers are both dealt with harshly. The same applies here. I can't understand how you can't see that. Actually, I think you do, you're pretending not to in hopes of getting the Hispanic vote. Note: Most American Hispanics support the removal of illegal aliens by any means necessary as well, you're misinformed again"
Paton said he's doubtful the law would have passed muster with lawmakers and the governor if they knew it would be used to arrest undocumented immigrants.
"Probably not with the liberal governor, the governor is notoriously soft on illegal immigration, although she has a habit of pretending to be tough on it when she believes that's what the people want to hear. Although I expect that of her, I don't expect that from politicians that claim to be Republicans. Why would anyone in their right mind NOT want it used to arrest illegal aliens?"
"I gave them my word that it was only to go after the smugglers," Paton said. "We probably wouldn't have gotten the votes and the (governor's) signature to get it passed into law."
"Well, if that’s the case, it’s a good thing Andrew Thomas has not followed your intent. Can you explain to me why lawmakers and the governor would NOT want it to include the illegal aliens in addition to the smugglers? What’s the point if it doesn’t? That simply makes no sense at all."
Paton said he shares Thomas' frustration over illegal immigration in Arizona.
"Apparently you do not! If you did, you would support Andrew Thomas."
"But it would be better to have a separate law" that charged undocumented immigrants with being in the country illegally "rather than tying them to smuggling," he said.
"Separate law? Correct me if I’m wrong, but I’m pretty sure there already are Federal laws that address this. The problem is that no one is using them. I see no disadvantage to tying the illegal aliens themselves into the smuggling measure."
As written, the anti-smuggling law does not exclude undocumented immigrants, said Barnett Lotstein, Thomas' special assistant deputy attorney.
"Exactly!"
Lawmakers also have had plenty of time to amend the anti-smuggling measure since Sept. 29 when Thomas announced that, under his interpretation of the law, undocumented immigrants could be charged as co-conspirators.
"As they should. Illegal aliens ARE co-conspirators, they are not victims as often portrayed in the Arizona Republic."
"This seems to be a lot of buyer's remorse," Lotstein said.
Legal experts said the arrests are unprecedented in the United States and likely will have a difficult time standing up in court.
"I doubt that."
"The question is not whether the smuggling statute allows him to go after the immigrants but rather whether using the conspiracy statute is within his power," said Evelyn Cruz, director of the Immigration Law and Policy Clinic at Arizona State University.
Cruz said arresting undocumented immigrants as conspirators undermines the anti-smuggling statute.
"I can’t see how that could be."
"It may weaken the ability of prosecutors to go after the smugglers because it scares the witnesses," she said.
"Lame excuse!"
Arresting undocumented immigrants under the anti-smuggling law also wastes resources better spent going after smugglers, she said.
"The illegal aliens are the biggest part of the problem. More so than the smugglers are."
"You need to kill the root, not trim the branches," Cruz said.
"We need to do both!"
Deputies didn't arrest any undocumented immigrants under the anti-smuggling law until this week because they were waiting for a good case, Sheriff Joe Arpaio said.
He said charges have been dropped against three of the 54 undocumented immigrants because they lacked evidence. The three were turned over to federal immigration officials.
The other 51 all made incriminating statements that they paid a smuggler up to $2,000 each to enter the country illegally, he said.
I’m looking forward to your reply.
Sincerely, Steve Leach