By KATHY McCORMACK
Associated Press Writer
CONCORD, N.H.- A small-town police force that drew attention for using trespassing charges to arrest illegal immigrants has dropped its case against one man.
Hudson Police Chief Richard Gendron said Thursday the case against Margarito Jaramillo-Escobar, 23, was dropped Tuesday “based solely on the evidence in the case.” He declined to comment further.
The decision came days before a judge was to hear arguments to dismiss the case over what some have praised as a novel legal tactic and other have criticized as an abuse of power. Other similar cases are still scheduled to be heard Friday.
Jaramillo-Escobar’s lawyer said she had not been given a reason for the dismissal.
“I’m curious,” said Mona Movafaghi, who is also representing three other immigrants cited with trespassing _ a violation akin to a parking ticket that carries a fine and no jail time upon conviction.
The police said they were trying to better protect their community following the terrorism of Sept. 11, 2001. They said were frustrated with lax enforcement by federal authorities and argued that if the immigrants were illegally in the country, they were also illegally in this town of 7,800 near the Massachusetts line.
The immigrants pleaded innocent. Their lawyers said the police were acting beyond their power, trying to use a state law to enforce federal immigration law.
Jaramillo-Escobar was cited May 10 when he was a passenger in a vehicle with a headlight that police said did not work. The car’s driver, 21-year-old Sergio Robles-Ruiz, was also cited under the trespassing law.
Neither man had a green card and both admitted to entering the United States illegally, Gendron has said. Both produced Mexican government identifications when asked for ID, police said.
Hudson has cited at least 10 people under the trespassing law, starting after police in nearby New Ipswich began using the tactic in April.