Posted on 08/23/2005 4:39:06 AM PDT by Past Your Eyes
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.
CHAMBERLAIN
“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 alien
How about arrests for their immigration status, then?
!$%(&$#_^(*&!$_(&^+!
They are already exempt from our immigration laws, might as well give them a pass on trespass, theft, assault, rape, etc.
Oh and lets give them our houses and land, too.
I am thinking about going south, changing my name to Juan, and coming back as an illegal. You get a lot more benefits and if anyone actually tries to arrest you for ANYTHING, just yell "racism!"
Can't states just charge them with being here "illegally"?
You got that right. I'm sick of white people being the only ones held accountable for breaking the laws. The Goverment is allowing this to ferment until all hell breaks loose.
What are they looking to gain by allowing a segment of the population here break the laws with no penalty.
Disturbing. Looks like they are unwittingly brewing a backlash they are not prepared to deal with. There are limits to what people are prepared to take.
"Whom God would destroy, He first makes INSANE!"
How about the recent case where two illegals were caught trespassing in an arizona ranch and were threatened by the rancher and associates only later to be sued and forced to give his ranch and $100,000 to the two illegals? So much for the right of private property.
Finally, we've found a state where illegal immigrants are welcome! Now if we can only find someone to pay for their bus ticket.
How much would you like to bet that everyone else in that county will be applying the Three S law to any future illegals they find on their property?
The cops were using criminal trespass laws against illegals just driving around by claiming that them being in the US is a trespass. Juan the Illegal would still be guilty of criminal trespass if he dropped by your house, grabbed a beer from your fridge and turned on Univision on your TV.
If a person commits criminal trespass, how can it be determined that the person was arrested due to their immigration status?
ALLEGED????? They either have a passport or birth certificate or they don't????? What part of 'illegal' do these clowns not understand?????
I've heard that case as being in Texas, not Arizona. Makes your head spin either way!
"How much would you like to bet that everyone else in that county will be applying the Three S law to any future illegals they find on their property?"
My thoughts exactly. Hunting season may come early this year......
"How much would you like to bet that everyone else in that county will be applying the Three S law to any future illegals they find on their property?"
My thoughts exactly. Hunting season may come early this year......
I think the FR focus on illegal aliens takes away from the real job-loss problem in America--outsourcing of jobs to India or China.
That being said, the Judge is an idiot. Whereas state legislatures and the state executive branch do not have to enforce federal law under the 10th amendment (that's why so many laws are tied to the spending power--Congress is bribing the states to enact or enforce particular laws such as the 55 mph speed limit), state courts _are_ required to enforce federal laws--this is like first-year law school stuff.
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