New Hampshire Chief Carries on Lonely Fight Against Illegals

By Doug Lambert

Last July (2004), I reported on an event occurring in New Ipswich, NH involving illegal immigrants. An unregistered van, driven by an unlicensed driver, was stopped for speeding. In the vehicle were nine illegal immigrants who were ultimately “released because the Immigration and Naturalization Service (INS) would not take custody.” Police Chief Garrett Chamberlain was told by INS offices in Manchester NH and Hartford CT that they could not do anything and “...unless there had been a crime, there would be no reason to take people into custody.”

Guess what? New Ipswich has done it again. A recent press release from that New Hampshire town’s police department states, “On April 15, 2005 at 8:25 p.m., police observed a red Ford Explorer stopped, with its hazard lights on, on the westbound shoulder … Police asked the operator if he was all set, but were unable to hear the operator's response clearly. The officer parked his cruiser and approached the vehicle. He observed one male subject in the driver's seat and asked him if he was okay. The male subject, later identified as Jorge Mora Ramirez, 21, of Waltham, MA, stated that he was on the cell phone. Ramirez spoke very little English.

“When asked for his license, Ramirez produced a Mexican driver's license and a photo ID from Massachusetts with an incorrect Social Security number and no state seal. The officer determined that Ramirez did not have a valid license to operate a motor vehicle. Ramirez admitted that he was from Mexico, living here illegally, was working for a construction company in Jaffrey, NH and that all of the IDs he had were fake, with the exception of his Mexican driver's license.

“Ramirez was placed under arrest for Operating Without a Valid License and transported to the New Ipswich Police Station to be booked. Police contacted Immigration and Customs Enforcement (ICE) and advised them that they had a subject in custody who was an illegal alien. After speaking to several ICE officials, none of whom wanted to take custody of Ramirez, police were advised that the information would be forwarded to the Boston office for Monday. Police also charged Ramirez with Criminal trespass and bail was set at $1,500.00 cash.”

Isn’t this incredible? How can it be that those tasked with enforcing our nation’s immigration laws have no interest in those who are here illegally? I asked Chief Chamberlain what he thinks the federal officials will do about this latest incident, now that unlike last July’s incident, there is in fact a crime.

“They are just going to wait to see what happens with our charges. Ultimately, they’ll probably do nothing. It’s very disheartening,” the chief said.

Unlike last July, however, this most recent illegal alien isn’t just going to be set free if Chief Chamberlain has his say about it. After the July incident, the chief looked for a way that in the absence of federal help, he could charge and prosecute such illegal individuals, should the chance arise again. Chief Chamberlain’s research led him to New Hampshire state law RSA 635:2, which states that an individual is guilty of criminal trespass “if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.” Chief Chamberlain notes that Ramirez admitted he was here illegally. Given that fact, the accused is, in effect, “not licensed or privileged” to enter or stay within New Ipswich, leading the chief to conclude that Ramirez should be found guilty of criminal trespass.

Interestingly, this particular application appears to be the first use of this law in such fashion. An article in the April 19^th Nashua (NH) Telegraph quotes state Assistant Attorney Robert Carey: “It’s a novel theory. We aren’t aware of any sort of contrary authority to it, if you look at the statute.” That’s because, surprisingly, it’s in plain English (which might pose a problem for the defendant). Chief Chamberlain’s goal, if successful, is to provide a model that other local law enforcement agencies can copy. “With the lack of effort by the immigration enforcement authorities, I figured it might be worth trying.”

I predicted to Chief Chamberlain that the pressure to drop his case might become intense -- maybe even reaching national notoriety. I asked, “Will you see this thing through?” His answer was clear: “Absolutely. Nothing is going to stop me.”

The issue of illegal immigration is slowly but surely becoming the Number One concern for many ordinary people. Folks are beginning to realize that ten thousand illegals invading and violating our country’s borders each and every week, if allowed to continue apace, will cause untold problems down the road. I do not imply that every illegal entrant arriving in our country intends to commit actual harm and mayhem, but assert that such unchecked numbers of people provide excellent cover for those who do come to do us harm.

The April 25 issue of Newsweek, reporting on a recent U.S. denial of flyover privileges to an international flight into Mexico City due to concerns about several passengers, notes: “U.S. officials fear that Latin America, and more particularly Mexico, with its porous U.S. border, may become a staging ground for Al Qaeda.”

Do you really think we’re safer, just because we’re “up here” in New Hampshire? I don’t.

Doug Lambert is a resident of Gilford, N.H. He is a columnist for the Laconia Daily Sun, where this piece originally appeared.