THAT NAGGING ILLEGAL IMMIGRATION DEBATE
No Probations for Illegal Aliens: The Problem with Blanket Law Enforcement Policies on Undocumented Immigrants
By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
In September 2006 Houston police officer Rodney Johnson was shot in the back of the head by an illegal immigrant the officer had just arrested following a routine traffic stop. And in March 2009 Houston police officer Rick Salter was shot in the face by an illegal immigrant during a narcotics raid. He remains in critical condition. Both of these shootings of law enforcement officers by illegal immigrants triggered intense criticism from Houston Mayor Bill White and Police Chief Harold Hurtt against federal immigration officials for their alleged failure to secure the nation’s southern borders and for failing to aggressively push for the removal of illegal immigrants in this state.
This immigration debate is a bitter affair. There seems to be rational middle ground to discuss the issue because it has been so politicized. For example, the debate was again inflamed earlier this year when Harris County District Attorney Pat Lykos announced that her office was considering creating a policy that would recommend denial of probation to any illegal immigrant arrested and convicted of a felony in Harris County. The proposed “no-probation” policy drew instant outrage from local Hispanic leaders, criminal defense attorneys, and prominent legal scholars who questioned its constitutionality.
On April 19, 2009, Homeland Security Secretary Janet Napolitano gave ammunition to those who argue that the “no-probation” policy would be unconstitutional when she said on CNN’s “State of the Union” Sunday morning talk show that illegally entering the United States is not per se a “crime.” Napolitano’s comment triggered yet another firestorm of controversy led by conservative bloggers and radio talk show hosts who claim the federal statute prohibiting illegal entry into the United States makes such an entry a “crime.”
The federal law, 8 U.S.C. § 1325, makes it a misdemeanor offense subject to fine or six-month imprisonment for anyone entering the United States illegally. Its sister statute, 8 U.S.C. § 1326, makes it a felony offense for anyone to reenter or attempt to reenter the U.S. after being removed or deported from this country. (more…)
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