Prosecuting nonviolent illegal immigrants in Arizona won't work

Maricopa County Attorney Andrew Thomas and Maricopa County Sheriff Joe Arpaio have recently teamed up to arrest and prosecute illegal immigrants as felons. Arizona's "anti-coyote law," which went into effect last year makes it a fourth degree felony to transport or procure the transportation of illegal immigrants into the state of Arizona. The immigrants themselves are being prosecuted as conspirators in their own transportation. Maricopa County Superior Court Judge Thomas O’Toole recently denied motions by defense attorneys seeking to dismiss the conspiracy charges, allowing the prosecution to go foward.

Now, apparently the goal in all of this is to lower the number of illegal immigrants, by making it known that they will be prosecuted if they are caught. However, as first time offenders, they will most likely only receive probation and be deported. If given prison time, they will merely clog up the prison system with nonviolent offenders. Arizona recently passed Proposition 200, which prevented first and second time nonviolent drug users from receiving prison time. One of the main reasons for this law was to keep nonviolent offenders out of the overcrowded prison system, in order to save taxpayers money. Do those who are arresting and prosecuting these immigrants really believe that these cases will deter those pondering whether they should come over the border illegally? Many of them risk their lives in the first place, traveling through the heat of the desert. Is the threat of probation or minimal prison time really going to deter them?

Why do the immigrants come here illegally in the first place? Because they don't want to wait to apply and they know they will be employed when they arrive. No threat of prosecution, probation, or minimal confinement sentence will deter them. However, not being able to get a job would certaintly be a deterent. So why then is all the plublicity and effort towards the prosecution of the illegals themselves, rather than those who employ them? Is it to misdirect our attention away from the real problem? The truth is that many U.S. companies, agricultural, construction, etc., hire undocumented workers. Many of them do so because they cannot find documented workers who are willing to do the job. The problem is much more complicated and will not be solved by prosecuting the illegals themselves.

For more information on Arizona criminal law, please visit www.win-law.com.