This is happening in New Hampshire.

See the Drudge Report online or the New York Times web site to read the full article, but the short version is that police departments are arresting and charging illegal immigrants with criminal trespass because the illegals cannot prove that they have a legal right to be where they are based on criminal trespass laws. "Enters or remains without effective consent and had notice to depart." Sounds crazy but I have looked at our Penal Code and cannot find a personal property requirement which means this should also work in Texas. If it gets past the challenges in NH and at the higher court level does anyone see something in our Code that would prevent Texas from using this law to atleast regain some of its lost revenue expended on illegals each year?

It seems applicable here, but ... "regain lost revenue spent on illegals"?? How is prosecuting them going to do that? There is no fine, court cost, or probation fee that can make that up. It seems like a losing financial proposition to me unless the ultimate goal is deportation and the feds handle it (not likely, though).

Not sure about this, but we were discussing this in our staff meeting and it was mentioned that this state doesn't have a "previous warning" requirement like we do.

This seems to stretch state law to the breaking point. This is clearly a federal issue. I feel it is a ploy for those who may want to harass minority groups, I am sure we all have plenty of criminals to round up. Let INS do there job, if you don't think they are doing it call your congressman.

The federal courts have been pretty clear on the area of state enforcement of federal immigration law. In general, just being in the U.S. illegally is NOT a criminal offense--the courts treat it as a civil, part of the federal government's right to control the borders. As a result, a state peace office--unless designated under some type of federal-state MOU--may not arrest or detain individuals solely because the individuals are in the U.S. illegally. Of course, if the individual commits an offense (a real one), INS can be contacted and a detainer order put in place for the individual. Also there are some immigration offenses which are criminal in nature and a state officer can arrest for those, if authorized to do so by the state's law. If anyone needs cases, let me know.

Janette Ansolabehere

New Hampshire prosecutor sides with judge on illegal immigrant ruling

(AP) - CONCORD, New Hampshire-The attorney general's office will not appeal a judge's ruling that New Hampshire police chiefs cannot charge illegal immigrants with trespassing, simply for being in their towns.

Attorney General Kelly Ayotte told the state's police chiefs in a letter that she will not appeal the ruling, and instructing them not to use the trespassing law to take illegal immigrants off the street, the New Hampshire Union Leader reported Tuesday.

Police in Hudson and New Ipswich arrested illegal immigrants under the state's trespassing laws, arguing that people in the country illegally also were in the towns illegally, and subject to trespassing laws.

On Aug. 12, Jaffrey-Peterborough District Court Judge L. Phillips Runyon ruled the trespass charges cannot be used as an immigration tool.

Hudson legislator Andy Renzullo said he's leaning toward filing a bill to outline specific conditions in state law that would allow for an illegal alien to be charged with criminal trespass.