No Probation for those with Immigration Problems
John came to the United States when he was seven months old. Just as he had no choice in who his parents were to be; he had no choice in where he would live. John has never been back to his birth place. He has distant family there but they are nothing more than mere acquaintances. He has lived in the United States for all his 27 years (less seven months). He only speaks English and not his parent's native tongue. John, due to poor choices and stupid behavior has been charged with a felony in Williamson County. No, he did not commit murder, nor did he threaten or harm anyone with a weapon. John has committed forgery a, low level felony in Texas. John is guilty and is ready to take responsibility for his crime. This is the best and right thing to do as almost all first time offenders who commit such a low level crime will receive an opportunity to be placed on probation. So what is the problem?
John, for whatever reason, never became a U.S. Citizen. While everyone else who has committed forgery in Williamson County and has no criminal history, like John, will receive probation, John will only be offered prison time because he is not a U.S Citizen. Is this fair? Is this right? Well, an offer by the State of probation is not a right. All persons in the United States are afforded Due Process of Law under the United States Constitution. What does this mean for John? It means he can go to trial and hope that a jury will give him probation. This is Due Process. Everyone else can just take there probation and move on with there lives. More than likely, they will receive little or no jail time as a condition of that probation. Not John, if convicted he will get as much jail time as can be legally given as a condition of probation, if he is fortunate enough to get probation from a jury. Well, what happens next for John?
In Williamson County, the Federal authorities will be notified that John has been convicted. Now remember John is not a U.S. Citizen, because he was brought here when he was seven months old and was never naturalized. So while sitting in jail, whether as a condition of probation or a jail sentence handed down by the jury, he may now be detained and possibly deported to a land he has never known.
Yes, John received Due Process. He got his trial. But due to the policies in Williamson County he will be given to the federal authorities for possible deportation. Deportation to a place he has never known, he has no connection to and can't even speak the language. All other convicted forgers will get on with there lives while his is turned upside down.
I have heard of this policy in other counties as well. Is it right? We as citizens of this country believe in the rule of law and carrying it out with fairness and justice for all. Illegal Immigration is an enormous issue in our country. We all agree that no one should benefit from the greatness of this country with out first following our rules for obtaining U.S. citizenship. This is what our forefathers intended. But our forefathers believed in doing Justice. Do you believe what has happened to John would be considered Justice by our founding fathers? I think not. Justice is not black and white. Justice comes in many different colors. In doing Justice, we must remember this and be careful not to paint with one broad single colored brush. R. Marc Ranc
