The Story

If you are here, you probably already know the story. In case you don't, here's the link:

http://www.cnn.com/2007/US/09/27/immigrant.money/index.html?iref=mpstoryview

One mistake in the above article is that, Pedro actually did pay taxes -- this had been clarified by CNN on the Paula Zahn show:

http://transcripts.cnn.com/TRANSCRIPTS/0703/21/pzn.01.html

This is part of the conversation from the transcript above:

MARK SMITH, CONSERVATIVE COMMENTATOR & CONSTITUTIONAL ATTORNEY

AMY HOLMES, REPUBLICAN STRATEGIST

ROLAND MARTIN, CNN CONTRIBUTOR

HOLMES: My father is a former custom official. And he explained this law to me.

He failed to report over the $10,000, and it's perfectly permissible for our authorities to keep that money. However, the Supreme Court has said that can be considered an excessive fine. And I think that was the case here.

But I also believe that our border officials did the right thing. This law is to intercede drug smugglers. They didn't know if he was a drug smuggler or a dish washer. This is going to be in a court, and a judge can preside over this.

ZAHN: Let's talk about the form that he was supposed to have filled out. Let's look for it closely, because, even with my bifocals on, I would have a hard time understanding where to go on this sheet to fill this out.

Should Pedro have known to fill this out?

MARTIN: Well, first of all, a lot of people who travel internationally don't necessarily know.

So, I mean, I have traveled out of the country and wouldn't think about carrying the form. But, then, again, I wouldn't be carrying $10,000 -- more than $10,000, as well.

First of all, the basis of fact, he was in the country illegally.

ZAHN: Of course.

MARTIN: That's first.

Secondly, he didn't fill the form out. This is where I -- I would oppose President Bush's compassionate conservatism should come in, by saying, first of all, we're spending a crazy amount of money to try to deport a guy who's trying to go back home. That's first. He wants to leave. Give him his money; let him leave.

I don't understand why we're going through all of the time and procedures and wasting of personnel for somebody who actually wants to leave. That makes no sense to me.

(LAUGHTER)

ZAHN: I mean, and it is going to cost...

HOLMES: Certainly.

ZAHN: ... a heck of a lot more than the $59,000 you're talking about here.

SMITH: Yes. I mean, really, they should give him back his money, try him for a crime. If he committed a crime, then sentence him appropriately. And, if it's a fine, and a large fine, then go ahead and do it, and then let him leave the country. That's the right answer.

Now, he was here illegally, but he did work. He did pay taxes. So, to me, that's his money. The government should not engage in theft.

(CROSSTALK)

HOLMES: Hold on. And this fine is not for him working here...

SMITH: The government should not be stealing his money.

HOLMES: The fine is not for him working here illegally. It was for him not declaring the money and taking it out.

______________________________________________________

I have read a lot of comments online and it seems most have the same feeling: Give him back his money and let him go.

Most people thought he didn't pay tax, and even if that is true (which is not, as shown above), most people's feeling is for him to pay whatever he owe the IRS and let him go. Pedro's attorney said it best:" This is unconscionable for the government to take that money,” said Robert Gershman, Mr. Zapeta’s attorney. “They do it because they can. That’s the only reason. It’s just not right. He could have left with all $59,000 if he had signed the form." - http://www.palmbeachpost.com/blogs/content/shared-blogs/palmbeach/editorial/entries/2007/01/