The New York Times reports that a local police department in New Hampshire is trying to set a precedent by arresting and jailing illegal immigrants for tresspassing. The goal apparently is to discourage illegal immigrants from passing through or living in that particular town, and to show the Immigration and Naturalization Service that if they don’t address the illegal immigration problem, local police will:

The defense asked Judge L. Phillips Runyon III to dismiss the case, arguing that immigration enforcement was the federal government’s job and that the New Hampshire criminal trespassing statute was intended to apply to those intruding on private property, not to illegal immigrants. “What the state is attempting to do here is to step into the federal government’s shoes and determine whether a person is licensed or able to remain in the United States,” said one defense lawyer, Randall Drew.

The prosecutor, Nicole Morse, argued that local police agencies had a right to cite illegal immigrants. “Just as with a sex offender,” Ms. Morse said, “the hope is that they will go and register with the state. And if they don’t, then they are violating the law. “Indeed, the state’s interest in this case is security. Being able to identify people who are in our community is essential to the police being able to maintain and keep the peace.” . . .

Noting that if Mr. Ramírez was found guilty, he would be sentenced to nothing more than a $1,000 fine, not jail time, the judge also asked the prosecutor, “How is national security or even local security enhanced by giving someone a citation?”

Even though I am a strong proponent of granting rights and citizenship to undocumented immigrants, I must admit that this is a novel and clever way to address the illegal immigration issue. But it does seem to me that ultimately, punishing illegal immigrants is in the federal, not local, jursidiction. But I can be wrong -- there are plenty of examples of how local and state governments are increasing their power and authority into areas of life that once was regulated only by the federal government.

It will be very interesting to see how this case and similar cases of arresting and jailing illegal immigrants for tresspassing unfold.