Jul 17, 2008
Story Timeline: 89 days
PHOENIX - The state appeals court has upheld the conviction of an illegal immigrant prosecuted as a conspirator under Arizona's human-smuggling law. In its ruling, the court found that the law's wording is clear and unambiguous - illegal immigrants can be convicted for conspiracy to smuggle themselves into the country. The defendant, Juan Barragan-Sierra, argued that the Legislature didn't intend to punish anyone but smugglers when it passed the law. The appellate court also disagreed with Barragan-Sierra's contention that federal immigration law pre-empts the state law. The court says states' police powers encompass human smuggling and Arizona's law isn't trying to regulate immigration. Barragan had admitted paying a smuggler $2,000 to be taken into...
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