Montoya Must Serve 5 Days, INS Notified
posted October 27, 2006
General Sessions Court Judge Bob Moon on Friday gave jail time in a speeding case to a man who admitted he is an illegal alien.
Judge Moon said Giovanna Montoya would have to serve 10 days at the workhouse at two-for-one on the Class C misdemeanor.
The judge said, "It's not about speeding or money. It's about coming to this country illegally - being here when you are not supposed to be."
He added, "I took an oath to uphold the law and I don't think I can just let someone who committed a felony just walk out of my courtroom."
Judge Moon said, "I have a hard time releasing anyone who confesses before me that he has committed a federal offense."
Montoya told the judge he paid a smuggler $1,800 three years ago to get him from Mexico across the border in Arizona.
He said he previously worked for Raphael's restaurant and has worked for the past month for T.S. Construction.
Judge Moon said speeding is a misdemeanor that carries up to a $50 fine and 30 days in jail.
He said afterwards, "When any court becomes apprised that a defendant is residing in this community and this country illegally, it is irresponsible to simply allow that defendant to pass from his or her courtroom back into illegal freedom. I have instructed the Hamilton County district attorney general to immediately notify the United States Immigration and Naturalization law enforcement authorities. I am seeking guidance and a policy statement from the INS on this serious matter. If the INS has no interest in the two to three illegal aliens that pass through my courtroom in a single day, then I will immediately release the defendant on the underlying charge.
"Most of the Latino-Hispanic defendants that come before me are seldom charged with very serious crimes. Most are charged with only misdemeanor traffic offenses. Almost all are employed and contribute significantly to production and to our local work force. Nevertheless, it is difficult to expect a judge to shut his eyes to the federal offense of illegal residency being committed in his presence.
"I have no authority to enforce those federal laws. However, I took an oath to uphold the law and not to ignore the law. Hopefully, the INS can give us some much-needed guidance and direction on how to deal with those illegal aliens in our community who routinely come before local judges."
Judge Moon noted that Gov. Phil Bredesen earlier this week stated, "State and local governments must step up and fill the void left by the federal government." Judge Moon said, "I agree. The General Sessions Court of Hamilton County probably has more illegal immigrants pass through its doors daily than Taco Bell. Up until now, we have simply shut our eyes, ignored it and pretended it was someone else's problem."
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