NH police use criminal tresspassing against illegal immigrants08 May 2005
Submitted by: Nick C. Publisher: Associated Press
New Hampshire Police Try Tactic With Illegal Immigrants
Posted: May 4th, 2005 10:35 AM EDT

KATHY McCORMACK
Associated Press

JAFFREY, New Hampshire (AP) -- A small-town police chief used a criminal trespassing charge to try to turn back one illegal immigrant, saying he was frustrated that lax federal enforcement means ''if you make it past the border patrol, you're free and clear.''

New Ipswich Police Chief W. Garrett Chamberlain charged a Mexican citizen with criminal trespassing - a violation comparable to a traffic ticket - on April 15 after immigration officials refused to take him into custody.

''It's basically a situation here where right now if you make it past the border patrol, you're free and clear,'' Chamberlain said. ''What I'm hoping to do is find a way that if the feds aren't going to help us out, then local enforcement can take care of it.''

The criminal trespassing statute says a person is guilty if, ''knowing that he is not licensed or privileged to do so, he enters or remains in any place.''

''It is a novel application of state law,'' said Kris Kobach, a law professor at the University of Missouri-Kansas City, a specialist in immigration law who was counsel to former Attorney General John Ashcroft.

Paula Grenier, a spokeswoman for U.S. Immigration and Customs Enforcement, criticized the tactic.

''The police chief is choosing to use this alien to grandstand about illegal immigration,'' she said. ''We prioritize our investigations on criminals and criminal networks that pose a threat.''