Victory for Undocumented Immigrants in Arizona! : AZ IMC

Victory for Undocumented Immigrants in Arizona!
by chaparral Wednesday, Dec. 06, 2006 at 2:05 PM

From http://www.deletetheborder.org/chaparral

Congratulations to Adolfo Guzman-Garcia, whose conviction was reversed by Judge Thomas O’Toole, after having been found guilty by a jury of conspiracy regarding the recently-passed anti-human smuggling law.

In Tuesday's case, O'Toole acquitted Guzman-Garcia because the prosecution never presented enough independent evidence that he was part of the smuggling business -- prosecutors only proved that he was a paying customer. (Source).

County Attorney (Maricopa County) Andrew Thomas and Sheriff Joe Arpaio made a crusade of enforcing this law to terrorize all undocumented immigrants who arrive in the county. In fact, Sheriff Joe's going an extra step by getting his deputies trained by ICE.

"When I get my deputies cross-certified, I guarantee you that these illegals, whether they are in a bar drinking or whatever, they are going to be shook," Arpaio said. "They are going to be afraid, because they see that black and gold car coming by thinking they are going to be arrested." (Source).

Despite his claim that it's simply a matter of it being against the law and it being their job to enforce the law, Thomas and Arpaio purposely misinterpretted the law in their interests. The authors of the smuggling law said they didn't intend for the smugglees to be charged under the law. Three hundred and fifty people have been arrested- most charged with conspiracy. Some have plead guilty to a lesser charge. Adolfo Guzman-Garcia was the first to be convicted by a jury and was facing 4 years in prison, but instead of being sentenced at his hearing on December 5th, the judge announced the conviction was overturned.

Of course Thomas is appealing the case. They are also continuing to arrest people and charging them under ths law in the meantime. Additionally, there is a lawsuit against Thomas, Arpaio, and the Board of Supervisors challenging the enforcement of the human smuggling law. I'm not sure about the status of that since the overturned conviction.

More (older) info on the charges of conspiracy from my blog: Sheriff Joe Arranging for Police to Enforce Immigration Laws, Sheriff Joe arrests more immigrants and Immigrant faces up to 4 years for conspiracy, also Rights and the Anti-Immigrant Movement.

More on this in the mainstream press: here, here, and here.

www.deletetheborder.org/chaparral

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by Jeff Fisher Saturday, Dec. 09, 2006 at 11:26 AM
godismyguideforever@gmail.com

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