A unique motion filed in Mower County court two weeks ago could, if successful, have an impact on how aggravated forgery cases are tried.

And that could be a big deal locally, where more and more individuals have been charged with the offense — many being illegal Hispanic or Latino immigrants allegedly using aliases to gain employment.

(Cases where aggravated forgery is the primary charge)

January, 5

February, 6

March, 11

April, 6

May, 3

June, 15

July, 11

August, 9

Total, 66

2008 Year-End Total, 42

Minneapolis-based attorney Bruce Nestor — who is representing Martha Isela Reynua, 29, of Austin, in an aggravated forgery case — filed the motion Sept. 14.

In it, Nestor claims that what Reynua is accused of doing does not constitute forgery.

According to a complaint, authorities found a number of documents belonging to “Laura Elena Romero” while searching the home of Martha’s sister in early June — an alias linked to Reynua.

While Nestor said he doesn’t condone anyone using an alias, he does claim that Reynua should not be found guilty of forgery because she didn’t alter or create an identification — the documents are legitimate but they were obtained when Reynua allegedly misrepresented who she was.

Instead, the attorney argues that Reynua could be subject to a misdemeanor for allegedly providing false information to the Minnesota Department of Motor Vehicles to get a state ID.

And the difference between a misdemeanor charge and a felony-level forgery charge is substantial for immigrants — Nestor said the felony can bar someone who is deported from returning legally under any circumstances.

“If they were ever to have a legal pass in the future, they’d be barred,” the attorney said. “It’s a very harsh sentence.”

Nestor said that to his knowledge, such a motion has not been filed before in Minnesota. A hearing is set for Oct. 29 in the Reynua case, and if the motion is upheld, it could alter how defense attorneys and prosecutors alike handle such cases in the future.

County attorney Kristen Nelsen did acknowledge that it was a “novel” motion but would not discuss the specifics of a pending case.

She added that her office would not have brought charges if they did not think they had a legitimate case.

John Keller, executive director of the Immigrant Law Center of Minnesota, said while he was unsure how common such a motion is, he does think it’s worth exploring.

“This does not look like a frivolous argument,” he said. “It’s novel and should be judged on its merits.”

Ultimately, Nestor is concerned that the people charged in these cases might not always be receiving fair treatment.

“A vulnerable population is really being run through the system, (and) that causes them great harm,” he said.

The attorney said those charged might never get to speak with an immigration lawyer and often are prosecuted quickly.

This can mean that families get torn apart with little chance of reuniting, Nestor said.

And though people often have fears that immigrants bring crime and violence, Nestor noted that it’s important to remember that new populations have positively assimilated into the country for generations.

“We have to remember that we’re dealing with people that are part of our community,” he said.