The Tar Pit

Saturday, January 29, 2005

Arizona Judges rule illegal alien
status can be considered in sentencing

More Illegal alien battle lines have been drawn in Arizona. From this morning's Arizona Daily Star:

In a unanimous decision, the three-judge panel rejected arguments by the attorney for Andres C. Alire, a 46-year-old Mexican national, that his immigration status is irrelevant to his punishment. Alire was convicted of driving under the influence in Pima County.


But Pima County Superior Court Judge Clark Munger said there were "aggravating circumstances" that merited nearly doubling that, to 4.5 years behind bars. Munger listed Alire's prior felony conviction, his degree of intoxication and the fact that he had fled before the trial.

At sentencing, however, Munger said that "apparently, Mr. Alire feels that what he is here to do is come to the United States illegally, drive drunk and endanger the citizens of this country through his intoxication repeatedly and making his living distributing 50 kilograms or more of marijuana."

There was no explanation in the appellate ruling for the judge's references to marijuana distribution.


[State Rep. Ben] Miranda said the ruling, in essence, imposes an additional penalty on someone solely because of his entry status. "That is reserved for the federal courts," he said.

He also said that someone who is an illegal entrant actually may have some right to remain, perhaps being eligible for asylum.

"Maybe he or his attorney is not entitled to articulate that in the criminal matter," Miranda said.

The ruling comes only one day after the Arizona House Judiciary Committee voted to let judges deny bail to some people accused of felonies, based solely on their immigration status. That measure now goes to the full House.


"There is a critical distinction between immigration status as it relates to nationality and immigration status as it relates to illegal activity," Eckerstrom wrote. "Placed in context, the trial court's remarks here were clearly directed at Alire's disregard for the laws of this country."

Is AZ State Rep. Ben Miranda seriously suggesting that Ailre became a drunk driving, felonious fugitive because he was seeking asylum?

Here is the contact info for this pro illegal alien trial lawyer:

Phone Number: (602) 926-4893

Fax Number: (602) 417-3116

Email Address:

Hat tip: Freeper SandRat.

UPDATE: in a stunning surprise, Miranda is introducing legislation to mandate illegal alien drivers licenses in Arizona:

Other Democrats will introduce legislation to allow undocumented immigrants to obtain an Arizona driver's license. But knowing the difficulty of such a proposal, Rep. Ben Miranda, D-Phoenix, is suggesting putting some restrictions on who would get the driver's license.

"I'm pursuing this bill with a different twist," said Miranda, adding that only immigrants who have been here for more than three years and who have only minor traffic citations would qualify to get a driver's license under his legislation.

But Miranda and others aren't holding their breath, saying it will be hard to muster enough support in the Legislature this year for anything perceived to benefit undocumented immigrants.

Like many pro illegal alien politicians, Miranda has a quick hand for the race card. During the campaign for Arizona's Proposition 200, the honorable Ben Miranda said:

"What drives them is race, there is no other explanation for what they are doing today," said Rep. Ben Miranda, D-Phoenix. "To call [State Rep] Randy Graf, and I wish he was here, a racist or an uneducated fool, is perfectly on the dot."