New Hampshire may be some 2000 miles from the Mexican border, but in the past month it's been on the front lines of the battle over national immigration policy. 3 illegal immigrants have been arrested and charged under the state's criminal trespass law. Whether or not those charges will stick remains an open question.
New Hampshire Public Radio's Josh Rogers has more.
New Ipswich police chief Garrett Chamberlain was the first person to use state law to arrest illegal immigrants. That came after he twice encountered undocumented workers, reported them to federal immigration officials, only to see the feds let the men go. Speaking after the arrangement of Jorge Mora Ramirez, the first illegal ever arrested under the trespass statute, Chamberlain said his bottom line concern was the preservation of public safety. He added he has no doubt that prosecutions of any and all illegals is in the national interest.
'It should not have come to this…..the feds should have been able to step up to the plate back in July of last year and in April of this year and I guess we'll deal with it at a state level for now and see what type of resolution we can get.'
And Chamberlain isn't the only one with an curious about the legal resolution.…..The state attorney General's office is also watching the Ramirez case, as well as two similar proceedings in Hudson…..When Chamberlain first came up with the idea of charging illegals under the trespass law he sought the AGs advice on the matter. He was told there was no legal reason to not go forward..………An opinion shared by some veteran members of the NH bar.
"It doesn’t shock my conscience and at least facially on the statute he's got a point."
That's Chuck Douglas, a Concord attorney and former State supreme court justice.
"The statute says that if you are in a place where you are not licensed or privileged to be then you can be arrested for trespass…..And if you are not supposed to be in the country at all then you are not supposed to be in new Ipswich of Hudson or anywhere else in NH."
Not all attorneys see it that way……..
"You know if you look at the literal words of the statute, I can see how someone with no history of trespass would think well, maybe that does apply."
Marcus Hurn is a professor at Franklin Pierce Law center.
"But it's so contrary to the common law of people to pass on the public highway -- we're talking about traditions that go back to the dark ages."
Hurn adds that if the state wants to get in the business of enforcing immigration policy it could pass a law that would allow it to do so…….According to Mike Skibbie, former head of the state's public defender's office…..the only appropriate role for local law enforcement under current circumstances is to assist the federal government. Skibbie says that's not what's going on in Hudson and New Ipswich.
"There is explicitly an attempt to step in where the federal government has chosen not to enforce the immigration laws……That's the choice the federal government gets to make -- not a choice a police chief in a small town in NH gets to make."
Charlie Putnam is the former chief of the Criminal division of the state AG's office…….He believes the prosecutions face challenges that extend beyond questions of jurisdiction….He says they may also run up a basic constitional right -- that of equal protection under the law.
"There are decisions that suggest that illegal immigrants are persons under the US Constitution, and there are cases that suggest state officials can't arbitrarily make distinctions between iilegal and legal immigrants……And when they do make distinctions between legal in illegal immigrants it appears they have to be able to point to some substantial goal of the state government in reaching that determination -- and what I don't know in this circumstance is what important goal it is that we are trying to get to."
For Chief Chamberlain that goal is clear. If immigration laws go unenforced, the nation is inviting people to enter the country illegally…and that puts at risk national security.
"My position will never change……I will not subscribe to the open borders theory ever, OK. As I've stated many times…..I'll state it one more time……OK There is a process to come to this country legally……you're more than welcome to come here legally -- and that's it."
The two illegal immigrants charged will trespass in Hudson are due to be arraigned in Nashua district court, tomorrow moring……The trial of illegal immigrant arrested in New Ipswich is scheduled to begin July 12th.
