Rights group sues Ariz. to stop wire transfer seizures

Capitol Media Services/Howard Fischer/[[October 19, 2006]]/ link

An immigrant rights group wants a federal judge to block Arizona from using a tactic Attorney General Terry Goddard says is necessary to block human- and drug-smuggling rings.

Legal papers filed in U.S. District Court contend warrants issued by Goddard's office to seize wire transfers of $500 or more violate federal constitutional requirements that government must have probable cause before taking the money.

...Josh Hoyt, executive director of the Illinois Coalition for Immigrant and Refugee Rights, said he understands Arizona's desire to bust smuggling rings. But he said the state's use of warrants to take every transaction in excess of $500 - and then make senders prove the money is legal - is both unfair and illegal.

...Hoyt acknowledged his organization has received grants in the past from Western Union, and confirmed that some of the information for the lawsuit came from the company. But he said the interest of his group is solely to protect the rights of individuals.

Goddard, however, said, Western Union specifically sought out plaintiffs for the lawsuit.

...State Rep. Steve Gallardo, D-Phoenix, said the state needs authority to go after those who use wire transfers to move money from criminal enterprises... said: "That's intimidating for those folks who perhaps may be here undocumented," he said, and simply want to send money home to relatives.