More absurdity from the federal courts
In a farcical interpretation of the law, U.S. District Judge Robert Broomfield has prohibited Maricopa County from enforcing a state law that permits illegal aliens who paid coyote/transporters to smuggle them into the U.S. to be charged under Arizona’s human smuggling law as criminal co-conspirators.
Broomfield’s 60-page ruling (view here) said Maricopa County’s interpretation of the 2005 state law cannot be enforced by either Sheriff Joe Arpaio or Maricopa County Attorney Bill Montgomery and his office’s prosecutors, since Broomfield claims it conflicts with federal law — which Broomfield said supersedes Arizona‘s law. Missing from his ruling is the fact that the Obama Department of Justice treats this crime of invasion as a lesser civil issue.
Peter Schey, a lawyer representing the Hispanic activists who brought the legal challenge, was quoted as stating the ruling “will hopefully bring to an end a mean-spirited and short-sighted policy that has severely harmed a large number of immigrants during the past several years in an entirely unconstitutional manner.”
Hispanic advocacy groups deceptively refer to themselves “immigrant rights advocates.” The Court appointed Schey, President of the liberal Center for Human Rights and Constitutional Law and Carlos Holguin, General Counsel of the group, as lead counsel.
According to news reports, the Maricopa County Attorney’s Office is reviewing Broomfield’s ruling.
Seventy-five percent of the approximately 2,000 foreign nationals charged as co-conspirators in MaricopaCounty were facing counts of conspiring to illegally sneak themselves into the country. The going rate paid to those they conspire with in this criminal activity varies between $2,000 – $6,000 per illegal.
This is not rocket science. By paying to be illegally transported into the United States, these illegal aliens are engaging in advancing criminal activity as co-conspirators.
In 2008, SRAZ reported the Arizona Court of Appeals upheld the conviction of an illegal alien prosecuted as a co-conspirator under the state’s human-smuggling law. The court found that the law’s wording was “clear and unambiguous” — illegals can be convicted for conspiracy to smuggle themselves into the country.
Makes sense to us.