Monday, March 19, 2007
WET-FOOT, DRY-FOOT NOT A VALID DEFENSE IN BASEBALL PLAYER SMUGGLING CASE, JUDGE RULES
The "wet-foot, dry-foot" policy that permits Cubans who enter the country illegally to file for permanent residency was ruled to be an invalid defense for sports agents accused of smuggling baseball players in to the country. Defense attorneys in the case are hoping to put US immigration policy on trial. Attorney Stephen Salter had this to say about the case:
"The defense is entitled to ask the jury to consider the impact of the Cuban Adjustment Act of 1966 and the controlling Wet Foot/Dry Foot policy on the issue of the defendant's intent," states the defense motion filed last week.
"Because the Cuban national baseball players identified in the indictment are Cuban nationals who arrived on U.S. soil, the effect of the Cuban Adjustment Act is the significant ingredient in this case that underlies the very essence of the charged crimes and the defendant's constitutional right to contest those charges."
Defense also argued that, contrary to prosecutors' assertions, Cuban refugees do not have to notify immigration officials of their presence in the United States before seeking admittance under the Cuban Adjustment Act.
# posted by Greg Siskind @ 10:50 PM
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"The defense is entitled to ask the jury to consider the impact of the Cuban Adjustment Act of 1966 and the controlling Wet Foot/Dry Foot policy on the issue of the defendant's intent," states the defense motion filed last week.
"Because the Cuban national baseball players identified in the indictment are Cuban nationals who arrived on U.S. soil, the effect of the Cuban Adjustment Act is the significant ingredient in this case that underlies the very essence of the charged crimes and the defendant's constitutional right to contest those charges."
Defense also argued that, contrary to prosecutors' assertions, Cuban refugees do not have to notify immigration officials of their presence in the United States before seeking admittance under the Cuban Adjustment Act.
# posted by Greg Siskind @ 10:50 PM
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