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Don't mess with small town cops

Garrett Chamberlain is the chief of police in New Ipswich, New Hampshire, a small town along the Massachusetts border in the western part of the state. They've had occasional problems with illegal immigrants in the past year or so. Last summer, they caught a van full of illegals, but were ordered by Immigration officials to let them go.

Chief Chamberlain never forgot that, and has had numerous other encounters with illegals since then, all ending unsatisfactorily. But recently, he sat down with some of his officers and tried to find a solution.

Looking through New Hampshire laws, they think they found one.

Last Friday, they put their theory to the test by arresting a Mexican illegal immigrant and charging him with criminal trespass, for being within the town of New Ipswich, where he was "not licensed or privileged" to be.

Jorge Ramirez managed to come up with bail, and is scheduled to appear in court again on May 3.

I don't know if this will catch on in other communities, or if it'll even hold up, but I like it. It reminds me a little of the Minuteman Project. It gives me hope for the people of the country -- when the federal government fails to take necessary action, the "little people" are still willing and able to step up and do what needs to be done.

Now we just have to see if it'll "take." Man, I hope it does.

J.


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Comments (19)

So now the local law enforc... (Below threshold)

So now the local law enforcement gets to license and privilege people to be in town?

That's inventive to say the least, and ripe for abuse.

Brian, that's just legalese... (Below threshold)
Jay Tea:

Brian, that's just legalese. By saying that he had no "license and privilege," they mean "permission or right" to be within the United States at all. He just happened to be within their jurisdiction, which is part of the United States.

J.

Mr. Ramirez, an unlawful im... (Below threshold)
Carlos Rodriguez:

Mr. Ramirez, an unlawful immigrant, came up with the money for his bail. Now, the thing will be to see if he shows up for his day in court. If he does show, he will likely have legal representation from some of the pro-illegal-immigration-lobby. Likely MALDEF. This should make it all the way to the Supreme Court.

It won't stick. <br ... (Below threshold)
Ken:

It won't stick.

Hasn't the SC said vagrancy and loitering are not criminal? You do not have to identify yourself, speak to, or even stop for officers. You may be anywhere the public is permitted.

In other words, if there is no disturbance or reasonable suspicion of a crime the cops are utterly helpless (in theory).

Besides, Mexican law permits them to be there.
Who are we to say no?


There's a park in the town ... (Below threshold)
epador:

There's a park in the town I grew up in. Called Veteran's Memorial Park. Only town residents can legally [according to the Municipality laws] use this park, built and managed, in part, by State funds. So if I, a veteran, who lived and grew up in that town, but moved away, dares to park at that park, I can be ticketed and towed away. Some memorial, huh?

Same kind of reasoning. They need a better line.

Maybe the local guys can pr... (Below threshold)

Maybe the local guys can prosecute him under federal criminal law?

Maybe the local guys can... (Below threshold)

Maybe the local guys can prosecute him under federal criminal law?

Only federal prosecutors have standing to prosecute criminal offenses in federal court, unless I'm mistaken. But I seem to recall attempts being made in the past to get state courts to try cases involving federal law, on the theory that state courts are obliged to uphold the Constitution and laws pursuant <ahem> thereunto.

(I always feel the need to clear my throat before using words like <ahem> "thereunto.")

I wanna know why the immigr... (Below threshold)
Just Me:

I wanna know why the immigration officials aren't deporting these people.

We really need a zero tolerance policy when it comes to illegal immigration in this country.

How did the KKKSheriff just... (Below threshold)
trollee:

How did the KKKSheriff just happen to detain the person to check his ID? Look at him and decide he might be illegal. Funny the guy wasn't charges with any other crime, no reason why he was detained, no complaint. I guess the Kleagle just didn't like how he looked.

Besides, Mexican law per... (Below threshold)
Mike:

Besides, Mexican law permits them to be there.
Who are we to say no?

Please tell me this is some sort of joke statement. What the hell does Mexican law have to do with a town in New Hampshire!

I can only hope that federal and state agencies can round up as many of the known illegals in this country at one time much like they did recently with 10,000 fugitives.

The INS was abolished a cou... (Below threshold)
Stephen:

The INS was abolished a couple of years ago. It was split up into three parts. The special agents were combined with the special agents from the US Customs Service. This formed Immigration and Customs Enforcement (ICE). The primary purpose of this organization appears to be to provide a postion of authority for the former INS head Michael Garcia. Rumors are that he will get the Assistant United States Attorney position for the Manhatten District. Then ICE will "melt away."

A second part of INS (the inspectors and Border Patrol) was merged with what was left of the Customs Service to create Customs and Border Protection (CBP).

What was left was changed to Citizen and Immigration Services (CIS). These are the ones that naturalize and legalize aliens.

This "slicing and dicing" and sewing together in a Frankensteinlike manner supposedly improves Homeland Security.

Personally, I believe history will remember this as being one of the biggest mistakes ever made in the war on terrorism.

Where in any law, statute, ... (Below threshold)
Stephen:

Where in any law, statute, court decision, etc., does it say that federal prosecutors are the only ones that can bring criminal cases to federal court?

I know usually they are the only ones that do, however, I know that US agency attorneys can and do bring federal cases to trial.

In certain immigration cases, agency personnel who are NOT attorneys prosecute illegal aliens cases in federal immigration court.

Personally, I believe hi... (Below threshold)
Sean:

Personally, I believe history will remember this as being one of the biggest mistakes ever made in the war on terrorism.

Because they were so effective before?

I know that US agency at... (Below threshold)

I know that US agency attorneys can and do bring federal cases to trial. ... In certain immigration cases, agency personnel who are NOT attorneys prosecute illegal aliens cases in federal immigration court.

And they're all feds -- none are local. That waqs the main point. If I erred in using the word "prosecutors" more loosely than I should have, mea culpa.

If a Mexican can make it to... (Below threshold)

If a Mexican can make it to New Hampshire, he's earned a green card.

I actually live in New Ipsw... (Below threshold)
Randall D.:

I actually live in New Ipswich, NH and have dealt with the police chief on a few routine matters.

I have nothing but good things to say about him. He's the first guy we've had in this town for a while who takes the job seriously.

Anyway, the Mexican fellow in question was parked on the side of the road with his hazard flashers on and that is why he was checked out by the cops.

For more info see: www.nipd.net

There was a case last year ... (Below threshold)

There was a case last year where the SC ruled that you DO have to identify yourself if asked by LEOs, and that refusal to comply is grounds for arrest. Crazy, but true.

How do the cops tell if som... (Below threshold)
Kevin P.:

How do the cops tell if someone is illegal? What if he says that he is legally present in the US?

from delaware i think they... (Below threshold)
christina:

from delaware i think they should make all illegal aliens legal,most of them just want to work to make some money. it our own people we need to worrie about it our own people out there robbing banks, killing. hurting one another. not the mexicains




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