2005 April 26 Tuesday
Local Police Chief In New Hampshire Tries To Use State Law Against Illegal Alien

Police Chief Garrett Chamberlain of New Ipswich New Hampshire has arrested Mexican illegal alien Jorge Mora Ramirez under the unique legal interpretation that Ramirez's mere presence in New Ipswich amounts to criminal trespass.

Jorge Mora Ramirez, 21, who is living in Waltham, Mass., but is from Mexico, admitted to police that he was in the country on forged documents, Chamberlain said. Therefore, the chief said, Ramirez knew he wasn’t “licensed” to enter or remain in New Ipswich and so was guilty of criminal trespass.

“This is a state law we’ve had for a long time, but I’m the first to use it this way, so far as I know,” Chamberlain said Monday. “Basically, what it is, (federal immigration authorities) expressed no interest in taking custody of (Ramirez), so we’ve elected to address it by ourselves. . . . I knew of the law and figured we’d try this and see what happens.”

Chamberlain has now asked the State Attorney's office of New Hampshire for an opinion on the legality of this arrest. Whether a court would uphold this as a valid arrest in New Hampshire remains to be seen.

Suppose this basis for an arrest does not pan out. Isn't use of fraudulent IDs a felony of some sort?

When Ramirez was asked for his license, according to police, he produced a Mexican driver’s license and a photo ID from Massachusetts with an incorrect Social Security number and no state seal.

Ramirez allegedly admitted that he was here illegally, said he was working for a construction company in Jaffrey and that all of his U.S. IDs were fake.

Ramirez was arrested for operating without a valid license and taken to the New Ipswich police station.

Do any readers know whether use of fake IDs amounts to a felony in at least some circumstances? Could it be interpreted as simple fraud perhaps?

If local police and local prosecutors had a legal basis for charging illegal aliens with crimes an increasing number of jurisdictions would do so. Chamberlain is far from the only local police chief who has been looking for ways to get illegals out of their jurisdiction.

Note that Chamberlain and other local police find themselves in the situation of looking for legal ways to get rid of illegals because the federal Immigration and Customs Enforcement (ICE) agency won't come and pick up ilegals that local police pick up. The claim is made by the "Open Borders" crowd that immigration law enforcement is impossible because all the illegals can not be found. yet lots of illegals are found every day by local police and other law enforcement officers and the US government refuses to accept transfer of custody for most of them. If the US government would simply deport all the illegals that local law enforcement came across the number of illegals in the United States could be decreased by millions.

Could states pass laws aganst the use of fake IDs by illegal aliens in order to give local police the power to arrest illegals and have them prosecuted? The ability to tag illegals with felony convictions would make it easier to get the illegals deported. News of the existence of such a state law might scare many illegal aliens out of a state where police use it.

Update: The editors of the Christian Science Monitor argue that local police are best equipped to track down and capture all the illegal aliens.

As it is, the federal government deploys only some 2,000 immigration agents to nab that tide of humanity - after they've managed to slip past the Border Patrol.

Yet ask any of the 650,000 state and local police in the US if they could easily find illegal immigrants in their jurisdiction, and the answer would probably be "no problem."

If the federal government would agree to take and deport all illegal aliens captured by local and state authorities we could have 90+% of the illegals out of the United States in 5 years.

Share |      By Randall Parker at 2005 April 26 09:30 PM  Immigration Law Enforcement


Comments
Proborders said at April 26, 2005 11:58 PM:

The Law Against Hiring or Harboring Illegal Aliens is posted here.

John S Bolton said at April 27, 2005 1:36 PM:

'Criminal impersonation' is a crime in every state presumably. For some reason, though, foreigners here have rights that the citizens don't have, to get away with using false identification. Isn't this a violation of equal protection of the laws; and how can citizens be chargeable for presenting a fraudulent alias, if foreigners are not? Is it because the government regards foreigners illegally here as natural subhumans, who can't be held reponsible for what citizens can be charged with? at this point, the left, realizing that no reasonable explanation of the double standard is possible, will have to start saying something about how anyone who would speak of this situation could only be driven by racial motivations.

Brock said at April 29, 2005 9:24 PM:

Randall,

You're absolutely right; local cops could easily round them up. The question is: where do you send them? For Mexicans, it's easy; but for many others, not so much.

Well, anyway, I thought I'd tell you a little story about the power of local police to 'deport' undesirables.

A friend of mind was a cop in northern Jersey. Every now and then they'd get an ex-con or illegal immigrant who was drunk & violent, but for 'political' reasons they couldn't be deported/ sent back to jail. They'd send these guys of "Taxi Rides", where they'd find a cop who was driving in a certain direction and just hand him off. Whenever that cop stopped driving, the drunk would be handed off again. By the time they sobered up they could be in a bus stop in Pennsylvania or up-state New York.

Legal? No. Did it really solve the problem? No; it just made it some other town's problem.

But it's a demonstration that local cops do have what it takes to (1) find, (2) apprehend, and (3) escort out of town.

marie said at April 30, 2005 12:10 AM:

"You're absolutely right; local cops could easily round them up. The question is: where do you send them?"

Once they know the heat is on, they'll probably flee to Canada like many illegal Pakistanis did after 911.

Houston Area said at May 16, 2005 6:08 PM:

That is an excellent ideal because local law enforcemt encounters illegal immigrants all the time I should know first hand living in southwest Texas. Not only are these immigrants here illegally in violation of the law but who knows what else. 911 should be a wakeup call for all of us..love it or not..

Jim Remington said at June 13, 2005 12:27 PM:

Send all the illegals to that sheriff in Arizona who has a prison in the desert. He runs a tight ship and makes all his "guests" wear Pink outfits. Give the ACLU something to tgalk about.


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