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ILLEGAL ALIEN ARRESTED UNDER TRESPASS LAW (Someone Gets It!)
Nashua Telegraph ^ | April 19, 2005 | David Brooks

Posted on 04/21/2005 4:37:34 AM PDT by An American Patriot

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"“If we can get every (police department) across the country to do this, it will really make a difference, ” added Chief Chamberlain

Great idea.

Perhaps, someone should suggest this to the "toughest" Sherrif in the Country (or so he claims) Joe Arpaio, who seems ever so eager to arrest someone who (claims self-defense) and "detained" several "illegal" aliens, all the while, (or so it appears) NOT be very interested in having his LEA, being "enlisted" in this struggle for the survival of our Republic.

Oh, but Sherrif Arpaio (as so many other LEA's in the country claims he does NOT have the "man power" (sorry ladies, but chauvanistic inclinations, die hard)to spare.

While that may be true for many other agencies, Sherrif Arpaio, would be hard pressed to advance this same argument:

Posse Administration Section

" The Posse Administration Unit is responsible for the functional management and control of the Posse Program. This section oversees over three thousand volunteers who make up the various posses within the Sheriff's Office. There are currently fifty-seven specialized posses within the Maricopa County."

http://www.mcso.org/submenu.asp?file=posse

1 posted on 04/21/2005 4:37:35 AM PDT by An American Patriot
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To: An American Patriot

Give this man an award.


2 posted on 04/21/2005 4:39:26 AM PDT by battlecry
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To: An American Patriot
"Chamberlain said he hoped his charge would stick and that it would be allowed under other states’ laws.
“If we can get every (police department) across the country to do this, it will really make a difference,” he said."

Quite ingenious on his part....I hope we can keep this bumped and give the man some press.

3 posted on 04/21/2005 4:54:14 AM PDT by Katya (Homo Nosce Te Ipsum)
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To: An American Patriot
NEW IPSWICH - In the latest twist of his public battle against illegal immigrants, Police Chief Garrett Chamberlain has taken what may be a unique legal approach: He has charged a man from Mexico with criminal trespass because he was in town without legal documents.

"He's in the country illegally so obviously he's in New Ipswich illegally," said Chamberlain of the arrest, which was made on the shoulder of Turnpike Road after a routine inquiry Friday.

As defined in state law (RSA 635:2), a person is guilty of criminal trespass "if, knowing that he is not licensed or privileged to do so, he enters or remains in any place."

Jorge Mora Ramirez, 21, who is living in Waltham, Mass., but is from Mexico, admitted to police that he was in the country on forged documents, Chamberlain said. Therefore, the chief said, Ramirez knew he wasn't "licensed" to enter or remain in New Ipswich and so was guilty of criminal trespass.

"This is a state law we've had for a long time, but I'm the first to use it this way, so far as I know," Chamberlain said Monday. "Basically, what it is, (federal immigration authorities) expressed no interest in taking custody of (Ramirez), so we've elected to address it by ourselves. . . . I knew of the law and figured we'd try this and see what happens."

Immigration law is generally a federal matter that doesn't come under the jurisdiction of local police departments. But Chamberlain has often expressed frustration with the federal Immigration and Customs Enforcement (ICE) in the past.

It's not clear whether courts will allow police to prosecute people for crossing international borders by using a law more commonly applied to domestic disputes. Because Ramirez was not indoors, the criminal trespass is a violation, a level of severity less than a misdemeanor.

"It's a novel theory," said state Assistant Attorney Robert Carey, whose office was asked Monday by Chamberlain's department whether the charge was allowed. "We aren't aware of any sort of contrary authority to it, if you look at the statute."

Federal ICE officials could not be reached for comment Monday.

New Ipswich police have had previous disputes with federal immigration officials over illegal aliens, including a much-publicized incident last July when New Ipswich detained nine men but had to let them go after ICE didn't provide any assistance. Town police also arrested 11 illegal aliens from Mexico last October, but federal officials quickly showed up and took the group away.

On Friday at about 8:25 p.m., police said, an officer noticed a red Ford Explorer stopped, with its hazard lights on, on the westbound shoulder of Turnpike Road near Leel Road. The officer found Ramirez, who speaks little English, alone in the truck.

When Ramirez was asked for his license, according to police, he produced a Mexican driver's license and a photo ID from Massachusetts with an incorrect Social Security number and no state seal.

Ramirez allegedly admitted that he was here illegally, said he was working for a construction company in Jaffrey and that all of his U.S. IDs were fake.

Ramirez was arrested for operating without a valid license and taken to the New Ipswich police station.

Police said they contacted federal ICE officials and advised them that they had an illegal alien in custody. Police say they spoke to several ICE officials, none of whom wanted to take custody of Ramirez, and were advised that the information would be forwarded to the Boston office for Monday.

Chamberlain then charged Ramirez with criminal trespass. He was sent to the county jail in Manchester when he couldn't post a $1,500 cash bond.

It's unusual to be jailed on such minor charges, but Chamberlain said Ramirez's lack of connections to the area justified the move.

"He admitted (his identification) was fake, so we really don't know who he is," he said.

Since then, Ramirez has posted bail and is now free until his May 3 arraignment in Jaffrey-Peterborough District Court.

"Hopefully, between now and then, we'll get some response (from federal officials) on his fingerprints," Chamberlain said.

The chief declined to name Ramirez's employer until the issue had been investigated further.

There are federal laws against employing undocumented workers, but apparently no state laws.

Chamberlain said he hoped his charge would stick and that it would be allowed under other states' laws.

"If we can get every (police department) across the country to do this, it will really make a difference," he said.

"If we're going to have immigration, it needs to be controlled and we need to know what's happening on our borders. Nobody will be able to look at me and say I didn't try to do my part."


Police said they contacted federal ICE officials and advised them that they had an illegal alien in custody. Police say they spoke to several ICE officials, none of whom wanted to take custody of Ramirez

The names of these derelict 'officials' need to be published!

4 posted on 04/21/2005 4:55:19 AM PDT by upchuck ("If our nation be destroyed, it would be from the judiciary." ~ Thomas Jefferson)
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To: An American Patriot
NEW IPSWICH - In the latest twist of his public battle against illegal immigrants, Police Chief Garrett Chamberlain has taken what may be a unique legal approach: He has charged a man from Mexico with criminal trespass because he was in town without legal documents.

"He's in the country illegally so obviously he's in New Ipswich illegally," said Chamberlain of the arrest, which was made on the shoulder of Turnpike Road after a routine inquiry Friday.

As defined in state law (RSA 635:2), a person is guilty of criminal trespass "if, knowing that he is not licensed or privileged to do so, he enters or remains in any place."

Jorge Mora Ramirez, 21, who is living in Waltham, Mass., but is from Mexico, admitted to police that he was in the country on forged documents, Chamberlain said. Therefore, the chief said, Ramirez knew he wasn't "licensed" to enter or remain in New Ipswich and so was guilty of criminal trespass.

"This is a state law we've had for a long time, but I'm the first to use it this way, so far as I know," Chamberlain said Monday. "Basically, what it is, (federal immigration authorities) expressed no interest in taking custody of (Ramirez), so we've elected to address it by ourselves. . . . I knew of the law and figured we'd try this and see what happens."

Immigration law is generally a federal matter that doesn't come under the jurisdiction of local police departments. But Chamberlain has often expressed frustration with the federal Immigration and Customs Enforcement (ICE) in the past.

It's not clear whether courts will allow police to prosecute people for crossing international borders by using a law more commonly applied to domestic disputes. Because Ramirez was not indoors, the criminal trespass is a violation, a level of severity less than a misdemeanor.

"It's a novel theory," said state Assistant Attorney Robert Carey, whose office was asked Monday by Chamberlain's department whether the charge was allowed. "We aren't aware of any sort of contrary authority to it, if you look at the statute."

Federal ICE officials could not be reached for comment Monday.

New Ipswich police have had previous disputes with federal immigration officials over illegal aliens, including a much-publicized incident last July when New Ipswich detained nine men but had to let them go after ICE didn't provide any assistance. Town police also arrested 11 illegal aliens from Mexico last October, but federal officials quickly showed up and took the group away.

On Friday at about 8:25 p.m., police said, an officer noticed a red Ford Explorer stopped, with its hazard lights on, on the westbound shoulder of Turnpike Road near Leel Road. The officer found Ramirez, who speaks little English, alone in the truck.

When Ramirez was asked for his license, according to police, he produced a Mexican driver's license and a photo ID from Massachusetts with an incorrect Social Security number and no state seal.

Ramirez allegedly admitted that he was here illegally, said he was working for a construction company in Jaffrey and that all of his U.S. IDs were fake.

Ramirez was arrested for operating without a valid license and taken to the New Ipswich police station.

Police said they contacted federal ICE officials and advised them that they had an illegal alien in custody. Police say they spoke to several ICE officials, none of whom wanted to take custody of Ramirez, and were advised that the information would be forwarded to the Boston office for Monday.

Chamberlain then charged Ramirez with criminal trespass. He was sent to the county jail in Manchester when he couldn't post a $1,500 cash bond.

It's unusual to be jailed on such minor charges, but Chamberlain said Ramirez's lack of connections to the area justified the move.

"He admitted (his identification) was fake, so we really don't know who he is," he said.

Since then, Ramirez has posted bail and is now free until his May 3 arraignment in Jaffrey-Peterborough District Court.

"Hopefully, between now and then, we'll get some response (from federal officials) on his fingerprints," Chamberlain said.

The chief declined to name Ramirez's employer until the issue had been investigated further.

There are federal laws against employing undocumented workers, but apparently no state laws.

Chamberlain said he hoped his charge would stick and that it would be allowed under other states' laws.

"If we can get every (police department) across the country to do this, it will really make a difference," he said.

"If we're going to have immigration, it needs to be controlled and we need to know what's happening on our borders. Nobody will be able to look at me and say I didn't try to do my part."


Police said they contacted federal ICE officials and advised them that they had an illegal alien in custody. Police say they spoke to several ICE officials, none of whom wanted to take custody of Ramirez

The names of these derelict 'officials' need to be published!

5 posted on 04/21/2005 4:55:27 AM PDT by upchuck ("If our nation be destroyed, it would be from the judiciary." ~ Thomas Jefferson)
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To: Katya

bump


6 posted on 04/21/2005 4:56:19 AM PDT by MinuteGal ("The Marines keep coming. We are shooting, but the Marines won't stop !" (Fallujah Terrorists)
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To: upchuck

Sorry for the double post. Don't know why that happened.


7 posted on 04/21/2005 4:56:31 AM PDT by upchuck ("If our nation be destroyed, it would be from the judiciary." ~ Thomas Jefferson)
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To: An American Patriot

Does Arizona law allow property owners to detain trespassers for the police to come? My guess would be yes.


8 posted on 04/21/2005 4:58:21 AM PDT by dennisw ("Sursum corda")
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To: upchuck

Names of the companies he worked for as well. I recently asked for bids on a small job on my house and I specified American citizens or well documented residents only. I don't want some "cheap help" scouting out my place, coming back ripping me off and then traipse off scott free to Ol' Mexico.


9 posted on 04/21/2005 4:59:59 AM PDT by junta ("Racism" a word invented so as to allow morons access to the political debate.)
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To: An American Patriot

Give this common sense Chief a free meal at Taco Bell! A few 3rd world trespassers just might saunter in.


10 posted on 04/21/2005 5:00:28 AM PDT by dennisw ("Sursum corda")
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To: An American Patriot

but..but..he is only " entering or remaining in any place" that 'Americans cannot or will not do'....

which brings up the philosophical question, "How many Americans and illegals can remain in the same place at the same time"? On the head of a pin? Anyone? Anyone? Bueller?


11 posted on 04/21/2005 5:02:21 AM PDT by bitt ("There are troubling signs Bush doesn't care about winning a third term." (JH2))
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To: upchuck
Sorry for the double post. Don't know why that happened.

It happened becaue you pushed the button a second time, when it was slow loading the first time. WAIT LONGER! FR is always slower to load, due to volume, and long posts such as yours are the worst...


12 posted on 04/21/2005 5:02:58 AM PDT by pageonetoo (You'll spot their posts soon enough!)
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To: Katya
"Quite ingenious on his part....I hope we can keep this bumped and give the man some press.

Yes, it would be nice. However, I fear that by the time the American [UN]Civil Liberties Union, the Mexican Embassy, the "open-borders" crowd, et. al, get through with this, poor Chief Chamberlain will be lucky if he does not end up getting sued and even, holds onto his job.

Merely, a pessimistic prognostication, based solely, on previous observations!

13 posted on 04/21/2005 5:04:25 AM PDT by An American Patriot ("GIVE ME LIBERTY OR GIVE ME"-- the opportunity to get the Hell out of here! Bye Bye VT- Hello, VA.)
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To: HiJinx; Happy2BMe

A novel, and hopefully widely applicable approach to dealing with illegal invaders.

PING


14 posted on 04/21/2005 5:04:26 AM PDT by spodefly (This is my tag line. There are many like it, but this one is mine.)
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To: upchuck
Police said they contacted federal ICE officials and advised them that they had an illegal alien in custody. Police say they spoke to several ICE officials, none of whom wanted to take custody of Ramirez

Useless as tits on a boar hog
Interior enforcement gets less and less every year. It's a joke and an insult to Americans and legal immigrants. The whole INS/ICE system is gummed up with illegal aliens and their scumbag lawyers trying get legal status. That's why legal immigrants have such a hard time getting INS paperwork done

15 posted on 04/21/2005 5:05:23 AM PDT by dennisw ("Sursum corda")
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To: An American Patriot; spodefly; JohnHuang2; keri; international american; Kay Soze; jpsb; hershey; ..
LOCAL TRESPASSING LAWS APPLY TO GUESS WHO? - ILLEGAL ALIENS! - PING.

(Plus, these trespassing laws give LOCAL L.E. the authority to arrest, detain, and deport (via the INS) illegal aliens!)

================================================

As defined in state law (RSA 635:2), a person is guilty of criminal trespass “if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

16 posted on 04/21/2005 5:54:51 AM PDT by Happy2BMe ("Viva La Migra" - LONG LIVE THE BORDER PATROL!)
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To: dennisw

He is only doing 40,000 per year jobs Americans are unwilling to do.......Put the owner of the construction company together with him in jail!!!!


17 posted on 04/21/2005 9:18:20 AM PDT by international american (Tagline now flameproof....purchased from "Conspiracy Guy Custom Taglines"LLC)
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To: upchuck
"He admitted (his identification) was fake, so we really don't know who he is," he said.

"The Matricula Consular Card."

"Don't invade without it."

18 posted on 04/21/2005 9:19:57 AM PDT by NewRomeTacitus
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To: pageonetoo; John Robinson
What a great graphic!!

The first time I "pushed the button" I got an error message that the FR server had "closed the connection." So I clicked "OK" to clear the error message and clicked the post button again, not realizing the first post had gone through.

Sorry again for the double post. But it was done innocently.

19 posted on 04/21/2005 9:37:40 AM PDT by upchuck ("If our nation be destroyed, it would be from the judiciary." ~ Thomas Jefferson)
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To: international american

Many of the employers of illegal aliens are recent immigrants themselves. Put them in jail for a few days and fine them. That would straighten out the problem somewhat.


20 posted on 04/21/2005 10:48:01 AM PDT by dennisw ("Sursum corda")
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