Published: 06.10.2006
Judge: Illegal migrants can be charged with conspiracy
The Arizona Republic
http://www.tucsoncitizen.com/daily/local/15439.php
A Maricopa County Superior Court judge ruled Friday that the County Attorney's Office can indeed charge illegal immigrants with conspiracy to commit human smuggling.
The Arizona Human Smuggling Law went into effect last August and was aimed at human smugglers, known as coyotes, but Maricopa County Attorney Andrew Thomas argued that the people being smuggled could be charged with conspiracy.
Defense attorneys for the first 48 illegal immigrants charged with the crime asked that the charges be dismissed. They argued for dismissal because any agreement to be smuggled took place in Mexico, not in Maricopa County; the Legislature did not intend for the smuggled people to be anything more than victims; and the law tried to preempt federal laws governing immigration.
Judge Thomas O'Toole dismissed the motions. O'Toole called the case a "highly unusual conspiracy allegation" but ruled that it was well within the law. He set a status conference date of June 19 to discuss how the case will proceed toward trial.
"In conclusion," he wrote, "the defendants have failed to carry their heavy burden of showing that the U.S. Constitution and federal immigration laws have preempted Arizona and other states from passing and enforcing laws such as (this one). In addition, the claim that this conspiracy to commit human smuggling prosecution violates the intent of the legislature is incorrect and cannot be resolved judicially. Legislative action, either federal or state, or both, is the proper way to address the issues raised by the defendants."
Thomas said the decision made for "a historic day in the fight against illegal immigration."
"I am pleased that the Superior Court has rejected the attempt by the Mexican government and their allied attorneys to overturn Arizona's Human Smuggling Law, and that the court has upheld this office's attempt to prosecute those who traffic in illegal immigration," he said.
Comments on this Story 9 Total Comments — See All Comments |
