Posted by
Christopher Parisho on Friday, August 24, 2007 9:04:33 PM
There are three recent news stories related to illegal immigration that I
have to comment on. Some are good, some are bad.
1) Court: Just being in U.S. isn't illegal
http://www.kansas.com/news/story/153645.html
Summary; A Kansas appeals court three-judge panel issued an opinion that a judge could not deny probation and order jail time for convicted drug dealer Nicholas L. Martinez based solely on the grounds that Martinez is an unauthorized immigrant.
The Judge in the initial case ruled for jail time because he felt if he gave Martinez probation as the prosecutor recommended, that Martinez's illegal status would immediately constitute a violation and put him right back in jail for a probation violation.
My opinion; If I were the judge I would have not even considered the prosecutors recommendation and given Mr. Martinez jail time, then as part of the ruling I would have ordered the prosecutor to notify ICE of his existence, thus they would place an immigration hold on him and deport him once his sentence was served. If the prosecutor failed to comply with the notification of ICE then I would issue a contempt of court citation against the prosecutor.
2) Immigrant's benefits inquiry brings arrest
http://kansas.com/news/local/story/156588.html#recent_comm
Summary; For five years Olivia Avila (51) worked under a false name and bogus Social Security number at the National Beef meatpacking plant in Liberal Kansas. She kept working there after obtaining legal residency two years ago. Recently she went into the Social Security Administration to get credit for her earlier wages as an illegal worker. She was attempting to take advantage of a loophole in federal law allows lawful immigrants to claim both legally and illegally earned wages in determining Social Security benefit eligibility.
She was arrested at her job in June on six immigration-related counts including using false documents to work in the United States and aggravated identity theft.
My opinion; Her arrest and being charged is good. She should pay for her crimes. We have laws in Kansas that say a criminal can no profit from their crime. If BTK can't write a tell all book and earn money from it's sale, she should not be allowed to receive any benefits she paid into the system under someone else's ID. Furthermore, her two year old citizenship should be revoked and she should returned to her country of origin immediately after serving her sentence for the crimes she committed.
3) NJ changes policy on illegal immigrants
http://news.yahoo.com/s/ap/20070823/ap_on_re_us/schoolyard_killings_immigration
Summary; The New Jersey state Attorney General on Wednesday ordered New Jersey law enforcers to notify federal immigration officials whenever someone arrested for an indictable offense or drunken driving is found to be an illegal immigrant. This order essentially overrides the “sanctuary” policies of Newark where three teens were executed in a school yard. One of the suspects involved is an illegal alien from Peru who had been granted bail on child rape and aggravated assault charges without immigration officials being alerted to his existence.
My opinion; This is a good move on the states part. Although it doesn't order police to question and investigate anyone they suspect as an illegal, it does order them to take action when they arrest someone for another crime. The key here is when they arrest, not after they convict. This way anyone charged with a crime could be held by ICE even if by state law the crime they are charged with allows for bail.
Had such an order or policy been in place when the suspect was arrested earlier this year the suspect would not have been on the streets, and maybe the three teens would be alive today.
We need more action such as the New Jersey AG and authorities took against Olivia Avila, but we need less of what the appeals court in Kansas ruled.