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Apr 15 06 12:39 PM

Illegal Immigrants Subject to Criminal Trespassing Law
NewsMax.com Wires
Thursday, April 13, 2006

PHOENIX -- Two days after a big immigration march in Phoenix, the Arizona Legislature on Wednesday approved legislation to make illegal immigrants subject to the state's criminal trespassing law.

The Senate approved the bill on a 17-12 vote and the House followed with a 33-27 vote, with both Republican-led chambers voting nearly along party lines.

Supporters of the bill contend it would provide "a second line of defense" behind the Border Patrol by enabling state and local law enforcement officers to arrest illegal immigrants who now are often released.

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"This is a tool that law enforcement will use in a case-by-case basis. I do not envision large roundups," said Sen. Chuck Gray, R-Mesa.

However, another supporter, Republican Rep. Russell Pearce, said enactment of the measure might encourage many illegal immigrants to leave or avoid Arizona, currently the busiest entry point along the U.S.-Mexico border. "Many of those folks will self-deport," Pearce said.

The bill (SB1157) was sent to Democratic Gov. Janet Napolitano. She declined Wednesday to say what she'll do with it but her office later released letters from 12 law enforcement groups and officials, including sheriffs in three border counties, urging her to veto the bill.


The bill "represents an enormous unfunded obligation for state, county and local law enforcement," Santa Cruz County Sheriff Tony Estrada wrote.


Napolitano, who is running for re-election this year, vetoed a bill last year that would have given local and state law enforcement the ability to enforce federal immigration laws.


Sen. Ron Gould, a Lake Havasu Republican who voted for the bill, virtually challenged Napolitano to veto it. "I think she'll pay if she does," he said.


The latest legislative action came one day after House-Senate conferees softened possible criminal penalties illegal immigrants could face. The bill also gives law enforcement officers the option of transferring arrested immigrants to federal authorities for deportation instead.


Under the revised version, a first offense would be a misdemeanor punishable by up to six months in jail. The earlier bill made illegal immigrants subject to a felony punishable by up to a year of incarceration. Subsequent offenses would still be a felony, but a lower class of felony than previously proposed.


On Monday, an estimated 100,000 people marched to the State Capitol in an event organizers said was intended to urge Congress to enact comprehensive immigration reform, including a legal pathway toward citizenship for illegal immigrants. Many participants also carried signs critical of a U.S. House-passed immigration bill that would make illegal immigration a felony, though U.S. House and Senate leaders said Tuesday they planned to downgrade the federal version to a misdemeanor.


An effort to prosecute illegal immigrants on trespassing charges failed last year in New Hampshire when a judge ruled that police violated the U.S. Constitution by trying to enforce federal laws.


Sen. Bill Brotherton, a Phoenix Democrat who voted against the bill, said it's hypocritical for lawmakers to target the illegal immigrants without also enacting tough sanctions against employers who hire them. "Our own citizens are hiring these folks to do these jobs," he said.


Rep. Eddie Farnsworth, a Gilbert Republican who voted for the bill, said the immigrants themselves bear responsibility. "They have to make the decision to cross the border. Nobody's dragging them across," he said.


The bill was softened Tuesday at the behest of House Majority Leader Steve Tully, R-Phoenix.

Tully said in an interview with The Associated Press on Monday that the change would make it more likely that arrested illegal immigrants would be turned over to federal authorities for deportation rather than being prosecuted.

Because immigration enforcement has been nearly nonexistent once immigrants cross the border, it would be unfair and unrealistic to expect to incarcerate those who have been living and working in this country for years, he said.

Leff has said she anticipates that most illegal immigrants would be turned over to federal authorities instead of being prosecuted.


© 2006 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.

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