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|