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Dozens of Immigrants Arrested on Conspiracy Charges
by sally darity
Wednesday, Apr. 19, 2006 at 7:25 PM
Maricopa County Attorney Andrew Thomas and Sheriff Joe Arpaio have found a new way to bring down repression upon undocumented immigrants
Maricopa County Attorney Andrew Thomas and Sheriff Joe Arpaio have found a new way to bring down repression upon undocumented immigrants. A new Arizona anti-human smuggling law, meant to target the people who profit from smuggling immigrants into the U.S., is being used to arrest the immigrants who pay the “coyotes” to transport them.
So far, as many as sixty-four immigrants have been arrested and jailed on conspiracy charges. “The legal theory is that they were conspiring with the coyote, or human smuggler, to commit a felony by agreeing to pay him to commit the crime,” reports the March 25 issue of the East Valley Tribune.
Various news sources reported that these arrests started when forty-eight to fifty-four immigrants were found on March 2nd. Three to five were caught on March 31st, and three more on Tuesday. Eight people fled and were not caught as of the reports of the third arrest.
The law, which took affect on August 12, makes it a felony punishable for up to two years in prison to smuggle humans across the border. No one has been officially convicted yet. (This author assumes, based on limited information, that all of those arrested are still in jail.) An attorney for one of the smuggler suspects said that he doubts that the conspiracy charges will hold up in court. Anyone convicted of this felony would additionally deal with the disenfranchisement that comes with being a felon.
The arrests have not come without controversy. Representative Jonathan Paton, an author of the anti-human smuggling bill, said that the bill was intended to target the smugglers, not the immigrants, and that it is likely that the bill would not have passed had it been known that it could be used to arrest immigrants. Sheriff Joe, with the support of Andrew Thomas, is apparently stepping up his efforts in persecuting undocumented immigrants. “Under the direction of Sheriff Arpaio, his office is the only law enforcement agency to arrest illegal aliens who conspire with smugglers to make their way to the United States. The policy of other law enforcement agencies is to turn over these illegal immigrants to immigration officials for transportation back to Mexico,” reported KPHO News Channel 5.
Interestingly, the opinions of other Arizona officers seem differ from Sheriff Joe regarding the role of the police in immigration issues. Governer Janet Napolitano vetoed a bill on Tuesday that makes a felony offense out of being in Arizona as an undocumented immigrant. Opponents said the bill “is an unconstitutional attempt for the state to regulate federal immigration law and would lead to fewer immigrants' cooperating in criminal investigations for fear of being sent back home. Police officials also criticized the enforcement plan for not providing extra money to arrest the tens of thousands of people who sneak into Arizona, the country's busiest illegal-entry point,” reported the Arizona Daily Star.
Randy Pullen, an Arizona GOP National Committeeman and chairman of Protect Our City, seems to think it should be the job of the police to enforce immigration law. The Arizona Republic reported that a new initiative called the Protect Our City Initiative, “would amend City Charter to require Phoenix law enforcement, officials and city employees to assist federal authorities in enforcing immigration law. The measure also calls for the police department to designate certain personnel as immigration officers who would be qualified to investigate, apprehend and detain undocumented immigrants.”
The most recent arrests, Napolitano's veto, and the start of the Protect Our City Initiative campaign come just after the discussion on HR4437 was left unresolved for the Easter break. Thousands upon thousands of people marched and protested over the last month for immigrants' rights.
Sources:
Deputies Arrest More Illegal Immigrants
http://www.kpho.com/Global/story.asp?S=4786479&nav=23Ku
Smuggling suspect, 3 immigrants charged
http://www.azcentral.com/news/articles/0406smuggle06-ON.html
Thomas rips Mexico in illegals’ arrest case
http://www.eastvalleytribune.com/index.php?sty=61804
Legislator: Arrests violated law's intent: Says Thomas misinterpreting new measure
http://www.azcentral.com/specials/special12/articles/0305immigrationlaw.html
Maricopa County prosecutors charged three more illegal immigrants with violating the state's new human smuggling law, along with the alleged smuggler who was accompanying them.
http://www.kvoa.com/Global/story.asp?S=4735693
Attorney for Accused Smuggler Wants Illegal Immigrants Held
http://www.kpho.com/Global/story.asp?S=4669184
Police oppose illegal-entrant law: Would require local agencies to arrest crossers
http://www.azstarnet.com/news/124583
Initiative would require Phoenix Police to hire immigration officers
http://www.azcentral.com/news/articles/0419sanctuarycity-ON.html