barbaralawall.com

Illegal Immigration

Guest Opinion: The County Attorney’s Role in the Prosecution of Illegal Immigrants

Recent news articles and a variety of community discussions on the issues of illegal immigration  have raised questions regarding the prosecution policies of the Pima County Attorney’s Office.

The question most frequently asked is “Does the Pima County Attorney prosecute illegal immigrants?”  The answer is yes, we do.   

When an illegal immigrant is arrested for a violation of state law, such as homicide, drive-by-shooting, sexual assault, robbery, we prosecute. Just last week, Humberto Araujo, an illegal, was sentenced to 21 years for the killing of two persons. There are currently almost 200 illegal entrants being prosecuted by my office for burglary, auto theft, drug trafficking, drunk driving and other crimes.

Protecting the public safety of this community is a responsibility I take very seriously. We prosecute all crimes illegal immigrants commit while in Pima County. My office works closely with the Counter Narcotics Alliance, Border Patrol, the DEA and other federal, state and local law enforcement agencies to investigate and prosecute drug trafficking, human smuggling and all other crimes.

My office is also aggressive in presenting evidence of criminal defendants’ illegal presence in the United States at daily bail hearings. We do this to ensure that illegal immigrant defendants are held in custody and are not released on bail pending their trials.     

However, an important distinction must be made between state law and federal law. The County Attorney’s office has no authority to prosecute federal immigration laws. That authority rests solely with prosecutors at the U.S. Attorney’s office.

The U.S. Department of Justice is required to use federal tax dollars to fund its prosecutors operations to enforce immigration laws. Prosecuting persons for illegal entry into this country is a violation of federal law, not state law, and should not become a burden that property owners fund with our local property tax dollars.

Our limited county criminal justice resources must be devoted to prosecuting the thousands and thousands and thousands of state felony and misdemeanor crimes that threaten and endanger the public safety of the citizens of this county every year.

Another question asked is “Does the Pima County Attorney prosecute illegal workers?” The answer is yes, we do. We prosecute cases involving workers using forged documents or employers hiring illegal workers where there is sufficient evidence presented to us by law enforcement agencies or by members of the public. 

As your County Attorney, I am committed to protecting the public from those who commit crimes in Pima County.  I am proud of my record.  I have been highly successful in ensuring that violent, dangerous and repetitive criminals are held accountable, kept off the streets, and incarcerated for the maximum time possible. I take my responsibility as your prosecutor seriously and can assure you that we prosecute all criminal offenders to the fullest extent of the law – regardless of their immigration status.

Barbara LaWall, Pima County Attorney