The Constitutional birth-right to US citizenship, and Russ Pearce's legislative agenda

Thanks to Luige del Puerto and the Capitol Times for permission to post this. That this could even be a possibility is staggering...

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Born illegal


By Luige del Puerto - luige.delpuerto@azcapitoltimes.com

Published: June 4, 2010 at 10:25 am

Arizona’s new immigration law has yet to take effect, but Sen. Russell Pearce has already moved on to the next step in his quest to rid Arizona of illegal immigrants: deny birth certificates to children born in the U.S. to non-citizen parents.

But that’s not all. Pearce said he also wants to require students who are here illegally to pay tuition to attend public schools.

RELATED: Pearce seeks to deny citizenship to children of illegals

RELATED: Another immigration plan: charge tuition for illegal students

The proposals, which Pearce said he plans to introduce as legislation next year, are part of a coordinated strategy by Pearce and groups such as the Federation for American Immigration Reform (FAIR) to remove all incentives for illegal immigrants to live in the U.S.

“My issue is protecting the taxpayers. You can’t come here illegally and not be a legal resident and expect the taxpayers to pick up your tab,” Pearce said.

Critics, though, said revoking citizenship to people born in the U.S. would undermine the principles on which the nation was founded and redefine citizenship for far more people than Pearce may be envisioning. It may even create a set of people who lack citizenship of any country.

Requiring children to prove citizenship to attend public school, they said, would create a permanent lower class of uneducated residents who would be unable to sustain themselves or contribute to their communities.

“Why penalize the child?” asked Sen. Amanda Aguirre, a Democrat from Yuma. “Why do we want to create this type of society where a certain group of children — we want them to grow up without education?”

Within the last decade, Arizona has passed laws to deny public benefits to illegal immigrants, penalize business owners who hire undocumented workers and arrest people who cannot prove they are U.S. citizens.

But Pearce’s most recent ideas go far beyond establishing stricter enforcement of immigration laws and may signal the next steps for Pearce and immigration hawks across the nation: redefining citizenship and targeting the children of illegal immigrants.

“What is markedly different is that Russell Pearce, up to this point in time, has been bootstrapping federal law to justify his state laws,” immigration attorney Matthew White said. “This is a drastic approach that’s saying ‘I am now going to interpret the 14th Amendment. I am now the federal law and you are going to listen to me.’”

Both of Pearce’s proposals would challenge longstanding interpretations of the U.S. Constitution and past rulings by the U.S. Supreme Court.

Constitutional experts said Pearce’s proposals, if passed into law, would ultimately wind up in federal court because one would require overturning a longstanding definition of the 14th Amendment, and the other would rely on the Supreme Court reversing previous decisions that affirmed the rights of all children to receive a free public school education, regardless of citizenship status.

Paul Bender, who teaches constitutional law at Arizona State University, said the odds are stacked against Pearce because federal courts likely will refuse to upend such deep-rooted legal interpretations of the Constitution. What Pearce is trying to do, Bender said, may require a constitutional amendment.

“The fact that he doesn’t like what the Constitution provides is irrelevant,” Bender said. “He would be the first to tell you that liberals who don’t like the Constitution’s language need to get it amended if they want to change it, not rely on an ‘activist’ interpretation.”

What Pearce has on his side, however, is momentum from the successful passage of S1070, polls indicating majority support for the law and a frustration by the public at federal government inaction.

Pearce sees his proposals as the logical next step in a battle to reduce government spending on programs that benefit illegal immigrants and enforce laws that protect the sovereignty of the U.S.

“I no longer can stand by, you know, and watch the destruction of this country,” Pearce said. “I mean, have we not listed all the folks… who have been killed and maimed? Have we not seen the data about the cost to the taxpayers?”

Pearce’s allies said they welcome any efforts to end birth-right citizenship because the policy has been abused by people who enter the U.S. illegally.

“He’s not going after the children. You know, the absence of a benefit is not the same thing as a punishment,” FAIR spokesperson Ira Mehlman said. “I would say that he is systematically going after all the incentives to come to the United States illegally.”

Pearce’s ability to turn his ideas into state law would depend on many factors, including the results of the November election and the composition of next year’s Legislature. This year, Republicans control both chambers of the Arizona Legislature.

The dynamic of the next Legislature will depend on those in leadership positions. Pearce has indicated he will campaign to become the next Senate president if re-elected this fall, which would give him more clout to influence the legislative agenda and to make sure his measures advance.

Pearce’s ideas, if drafted as bills, would ensure Arizona’s continued place at the forefront of the immigration battle, prodding, cajoling and even threatening the federal government to do something about the complex problem of illegal immigration.

But while most Arizonans have supported state laws to crack down on illegal immigration in the absence of federal immigration reform, some lawmakers said Pearce’s new ideas go too far and may turn public opinion against him.

“At some point, the public is going to stop supporting this — they’re going to say enough is enough,” Democratic Sen. Paula Aboud said. “I think after a while Arizonans are going to get tired being the brunt of all the jokes, especially when legislation like this does not stop illegal immigration.”

14th Amendment of the U.S. Constitution

“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

What CCA Gets from SB 1070, et al.

These are the folks who have helped dupe this whole state into hysteria about us being invaded by hordes of criminal aliens...and ALEC helped, no doubt - see how compounding the criminal justice systems' mission and duty with the profit motive can actually harm a community, or a state, or a country - much less a people.

This will probably tell you a lot about the corporate devils wining and dining your politicians and "economic leaders" into a deal on a new detention center (or prison) to enhance your community...bringing with them all their lobbyists to make sure that enough people remain criminalized to justify keeping those detention centers open - don't think that if they need bodies to fill those cell bunks they won't criminalize your kids next...

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Private Prison Firm Exploiting Broken Immigration System

Progressive States Network.org

As a Service and Employees International Union (SEIU) campaign highlights, one key player profiting off the nation's broken immigration system is the private prison firm, Corrections Corporation of America (CCA).  CCA operates and profits significantly from private prisons across the country, many of which house immigrants in detention, a kind of legal limbo in which immigrants are imprisoned while their cases are being considered, or who are in the process of being deported.

Roughly 40 percent of CCA's profits stem from operating jails that house immigrants.  In fact, the corporation earned over $1.7 billion in revenue in 2009 alone -- much of it from contracts with the Department of Homeland Security's Immigration and Customs Enforcement (ICE), the US Marshals Office, and the Federal Bureau of Prisons to cope with the influx of nonviolent immigrants in the nation's prison system.  CCA has also been a long-time funder of the American Legislative Exchange Council (ALEC) and member of its Private Sector Executive Committee, which advocates on behalf of CCA to push prison privatization as a model for states.

While most believe prisons are operated by state or federal governments, they are increasingly privatized.  As the number of immigration prosecutions continue to skyrocket and comprehensive immigration reform languishes in Washington, DC, this makes the business of operating prisons all the more lucrative for private firms.  According to the Transactional Records Access Clearinghouse (TRAC), immigration prosecutions reached record levels in federal fiscal year 2009.  The Department of Homeland Security initiated 67,994 immigration prosecutions that year alone, a 459 percent increase from 2000 and a 973 percent increase from 1990.

Filling Up Prisons with Non-Violent Immigrants:  In addition, federal immigration authorities are increasingly targeting nonviolent immigrants, whose only offense is attempting to unlawfully cross the border, via efforts such as Operation Streamline, which focuses on apprehending nonviolent border-crossers.  According to a May 2010 study by the Warren Institute at the University of California, Berkeley Law School, projects such as Operation Streamline that focus on immigrants who haven't committed any crime in the US divert precious federal resources from apprehending drug cartels and human traffickers that frequently operate with impunity along stretches of the US-Mexico border and are responsible for much of the violence in the region.  These record numbers of nonviolent immigrants are, in turn, filling jails and immigration detention centers to capacity: contributing to growing costs to states and higher profits for private prison companies like CCA.

The Failures of Prison Privatization:  Both federal and state governments have utilized private firms to operate prisons, despite evidence of systematic failures. Privatization only exacerbates the challenges faced by states, communities, and families dealing with the broken immigration system.  For example, the Florida Center for Fiscal and Economic Policy finds that there is no compelling evidence that prison privatization has led to savings, while the Private Corrections Institute analyzes several issues with privatization, which include “major riots, sex abuse scandals… improper billing by private prison companies… employment law violations, higher employer turnover rates, increased levels of prisoner-on-prisoner and prisoner-on-staff violence, lack of transparency and public accountability, and higher recidivism rates for inmates released from privately-operated prisons.”

When privatization involves prisons and detention centers, the profiteering comes at the expense of constitutional safeguards, democratic oversight, and public trust.  In this case, it also undermines legislative efforts to promote progressive immigration reform.  Lawmakers should take action to prevent such debacles from occurring by either halting failed privatization schemes. For example, Indiana Rep. Gail Riecken's introduced a bill to end privatization of social services in her state.  Legislators can also consider requiring augmented transparency of state contracting, much like initiatives in Alabama,  Hawaii, and Vermont.

Resources:
Immigration Policy Center - US Border Enforcement Prioritizes Non-Violent Migrants Over Dangerous Criminals
Immigration Policy Center - New Data on Federal Court Prosecutions Reveal Non-Violent Immigration Prosecutions Up
Transactional Records Access Clearinghouse - Immigration Prosecutions at Record Levels in FY 2009
Immigration Policy Center -  Throwing Good Money After Bad: Immigration Enforcement Without Immigration Reform Doesn't Work
University of California, Berkeley Law School Warren Institute on Race, Ethnicity and Diversity - Assembly-Line Justice: A Review of Operation Streamline
Florida Center for Fiscal and Economic Policy – Are Florida’s Private Prisons Keeping Their Promise
Private Corrections Institute – Quick Facts About Prison Privatization
Private Corrections Institute – Report on Prison Privatization Plagued with Conflicts of Interest, Faulty Data, Political Connections
Progressive States Network - Privatization During an Economic Downturn: Still Inefficient and Problematic
OneAmerica - Voices from Detention: A Report on Human Rights Violations at the Northwest Detention Center in Tacoma Washington
AFSCME - Prison Privatization Resources

SB 1070: Still A Bad Law.

Patchwork changes to immigration law came in waning hours of session

By Evan Wyloge - evan.wyloge@azcapitoltimes.com

Published: April 27, 2010 at 7:24 pm

Arizona Capitol Times

One week after Gov. Jan Brewer gave Arizona the toughest immigration law in the U.S., state lawmakers added changes that would limit the scope of the law and protect local governments from lawsuits.

The changes were sought by lawmakers who voted for Arizona’s new immigration law after striking a deal with immigration hawk Sen. Russell Pearce.

Rep. Russ Jones, who was one of three Republican lawmakers to vote against a similar bill in 2009, said he agreed to vote for S1070 this year in exchange for Pearce’s promise to make changes to it in follow-up legislation.

The resulting bill, H2162, was approved on April 29, just hours before the end of the session.

H2162 prescribes a few key changes to the new immigration law, clarifying both the definition of lawful contact and guidelines for municipalities, as well as lowering the minimum — not the maximum — fine that can be assessed to cities that have so-called “sanctuary city” policies. It also restructured some of the punitive actions that a court would apply to those charged under the new law.

Representatives of the law enforcement community say the changes significantly alter the way police would have to enforce the law and the way they would be accountable for doing so.

Lyle Mann, who runs the day-to-day operations of the Arizona Peace Officers Safety and Training Board (AZPOST), said the fine points of the trailer bill are vital to the street-level execution of the new law. His group, incidentally, has been tasked by the governor with turning the provisions of the new law into a specific and manageable training rubric for police agencies across the state.

One of the changes to S1070 removes the word “solely” from the description of the new law’s lawful contact, when it comes to race. So, now race, color or ethnicity simply cannot be used as part of reasonable suspicion.

Mann said this is a huge simplification for his organization’s task, and should settle at least some of the fear over racial profiling. Now, his organization will simply be able to tell police agencies to have their officers understand that race is not a reason to initiate contact.

“It should quell the fears that a lot of people have vocalized,” Mann said. “This will make the training and policymaking much clearer and simpler.”

H2162 also narrows what is banned at the county, city and municipality level, changing it from a “policy or practice” to just a “policy” preventing police officers from using the new immigration law to its fullest extent.

With the independence that police officers rely on, Mann said, management of their activities is nearly impossible. So their “practices” are made at the officers’ discretion. The officers are trained, though, to rely on the “policies” their agency set.

“A ‘policy’ is the written instruction that tells officers how a task is to get done. ‘Practice’ is the actual activity carried out in support of that policy,” Mann said. “So the city of Phoenix might have 3,000 officers on the street. It’s much more difficult to control how those officers carry out their practices.”

Removing the words “or practices” from the new law goes a long way in protecting police agencies from lawsuits and fines, Mann said, because AZPOST will give guidelines, cities will turn those guidelines into “policy,” and the cities then would not be at the mercy of litigation coming from any resident who feels like the police agency isn’t enforcing the law to the fullest extent.

In addition, Jones said Pearce agreed to lower the fines assessed to local governments that violate the law. In S1070, a local government or agency initially could have been fined between $1,000 and $5,000 per day if an Arizona resident filed suit against them in Superior Court.

Jones wanted the fines cut in half, because he thought those numbers were arbitrary. Pearce only met him part of the way.

Instead of lowering both the maximum and minimum per-day fines, Pearce kept the $5,000 maximum and changed language in H2162 that would lower the minimum fines to $500 per day from $1,000 per day.

“Pearce says he thinks it’s important to have a sanction,” Mann said. “So you have to say, ‘OK, what’s a reasonable sanction? Do you get a better outcome with a bigger sanction?’ And you have to remember, if the city of Phoenix gets fined $1 million, they can’t open parks, they can’t operate their libraries, they take that money from schools. (Jones) is saying you can get the same compliance with half those numbers.”

Nancy Jo Merritt, who has 32 years of experience as an immigration attorney, said she understands why Jones and the law enforcement agencies would be so concerned over these small changes.

“This law is going to be so hard to comply with, so why make the punishments so harsh?” she said. “It’s like the assumption is the only way to get cities to follow this law is by threatening them with the death sentence.”

The last change outlined in H2162 concerned a phrase that said lawful contact can include an officer’s use of the new immigration law “in the enforcement of any other law or ordinance of a county, city or town or this state.”

Rep. Kyrsten Sinema, a Democrat from Phoenix, harped on this new phrase, saying it will mean that law officers will be able and compelled to check the status of a person, even if the police officer were responding to some sort of civil town ordinance, like an overgrown lawn, a fence in disrepair or a barking dog.

Sinema said police officers could previously only use the new immigration law when they encountered someone during the enforcement of a criminal or civil traffic violation, and that this will expand the way police officers could contact, then detain people while checking their federal immigration status.

Pearce denied that this change means much, and said police would already have been able to use the new law when making contact with a person for such civil ordinances. He said this new language was only added to further clarify the way police are authorized to use the new immigration law.

Mann of AZPOST agreed with Pearce, saying police officers would have the ability to use the new immigration law during any type of contact with any person, regardless of this new language.

“Police officers do this every day. It’s called a ‘Terry Stop,’ after the Terry v. Ohio case,” Mann said. “Let’s say there are some guys playing basketball in a park. The officer walks up and says, ‘Hey guys. How’s it going?’ That’s lawful contact. It’s a standard voluntary stop.”

Pearce said the changes in H2162 were something he agreed to, in order to get the votes he needed, and that he thinks he lived up to his bargain.

“I wasn’t excited about it, but we did it,” Pearce said. “(Jones) ought to be happy with the changes, I kept my word.”

Senator Pearce responds to critics.

Senator Pearce's response to my weekend email volley. All the fonts, colors, etc. below are his, directly from the email. The content is intact and unaltered.

I respect him enough to let his comments speak for themselves, and not editorialize further on this post - I appreciate that he took the time to reply to my concerns, even though we deeply disagree.

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From: Russell K. Pearce <rpearce@azleg.gov>
Date: Mon, Apr 12, 2010 at 10:43 AM
Subject: RE: [Prison Abolitionist] Racist, Fascist SB 1070 "Illegal is not a race..."
To: Margaret Plews <mplews@asu.edu>

Illegal is not a race, it is a crime.  What disrespect you have for the law and for the damage to Americans.  This legislation simply takes the handcuffs off from law enforcement.   50% of homicides in Phoenix involve illegal aliens.  Enough is enough. 

 

“If it be asked, what is the most sacred duty and the greatest source of our security in a Republic? The answer would be an inviolable respect for the Constitution and Laws” — Alexander Hamilton.

A Congressional report indicates that 9,000 Americans are killed every year by illegal aliens.  25 per day, 12 by stabbings and shootings and 13 by DUI and related crimes.  That is just collateral damage to the deceptive, treasonous, open border crowd.  Enough is enough. 

Today the only reasons our immigration laws are not enforced are Political, not a lack of Authority.

The last four (4) Propositions I placed on the ballot in '06 passed by an average of 75% of our citizens. 

In accordance with the Unanimous endorsement of a Resolution by the State Republican Party and the Maricopa County Republican Party at their annual organizational meetings with over 1400 PC's present in support of our citizens Constitutional right to have our laws enforced and recognizing the damage in cost in crime and dollars to Arizona citizens and taxpayers.  No more Catch & Release.  We the legal and lawful citizens demand the enforcement of our laws. 

"SUPPORT OUR LAW ENFORCEMENT AND SAFE NEIGHBORHOOD ACT" 

1. Illegal Sanctuary Policies: Eliminates ALL sanctuary cities in this state and allows legal citizens the right to sue their government for violating this law. 

2. Trespass: Makes entering or remaining in Arizona in violation of federal law a state crime and "allows" law enforcement to arrest them on trespass violation or just call ICE to take them and deport them. (law enforcement's choice).  This allows them to hold those that are being investigated for serious crimes and not have deported before the investigation is completed.

3. Day Laborer Enforcement:  Makes it illegal for an illegal alien to solicit work (day laborers) and makes a misdemeanor for anyone with a license to do business in Arizona to pick up any day laborer without filling out a employment application.  Combined while committing a criminal act, makes it a state crime to aid, harbor, conceal transport or attempt to aid, harbor, conceal or transport an illegal alien for work with a mandatory impoundment of their vehicle under 28-3511 for 30 days.  With a mandatory $1000 fine per illegal alien being transported.

Closing our borders is a must; however it must be coupled with interior enforcement. 

Attrition by enforcement. 

Strict enforcement.  It is time to renew our efforts to end ALL sanctuary policies in our states and our nation: Require officials to fully enforce federal immigration laws of the United States. NO MORE TAXPAYER BENEFITS OF ANY KIND, No Amnesty, No retreat, No surrender.  We will take back America one state at a time.   It starts here!!!!! 

 My personal background in law enforcement has given me a unique and in-touch perspective with the needs and hazards experienced by rank-and-file police officers and the threats to our citizens. www.russellpearce.com

In this effort I am proud and delighted to have the support of: 

 (9 of 15 Arizona Sheriffs have endorsed   this legislation) 

ENDORSED BY:  Polls show 75/80% of Arizonans 

Arizona State Republican Party (by Resolution) 

Maricopa County Republican Party ( unanimous with over 1400 PC's present ) 

Maricopa County Sheriff Joe 

Maricopa County Attorney Andrew Thomas 

Pinal Co. Sheriff Babeu 

Mohave Sheriff Sheahan 

Yavapai Sheriff Waugh 

Cochise Sheriff Dever 

Gila Sheriff Armer 

Navajo Sheriff Clark 

Graham Sheriff Allred 

Greenlee Sheriff Tucker 

Az FOP 

Arizona Police Association 

Phoenix Law Enforcement Association 

Glendale Police Association (87% of officers in support)

Chandler Police Association

Scottsdale Police Association

Tempe Police Association

Mesa Police Association

Maricopa Deputy's Law Enforcement Association 

Border Patrol Officers Association 

Arizona Highway Patrol Association 

Col. Albert Rodriguez - You Don't Speak for Me 

Arizona African American Republican Club 

Arizona Republican Assembly 

The Pachyderms 

Anna Gaines - American Citizens United 

Arizona's Liberty Caucus 

NAILEM, American Citizens United 

NumbersUSA 

F.A.I.R., Team America 

9-11 Families For a Secure America 

ALIPAC, Sheet Metal Workers Union 

Cement & Plasters Unio 

Sheet Metal Union

and many more.

I cannot stand by and be a spectator to the death, maiming or damage to another police officer, citizen or taxpayer by an illegal alien because we refuse to enforce our laws and fail to put America and Americans First.

Simply enforce our laws and you will see less crime, lower taxes, smaller class sizes, shorter lines in our emergency rooms and reduce deaths, murders, maimings, drugs, home invasions, car jackings, kidnappings, jobs taken from Americans, reduced wages, an ultimately save the taxpayer billions of dollars. We cannot afford to "NOT" enforce our laws. Attrition by Enforcement.

This is the “only” law we allow our elected officials to put conditions on before our police officers can do their job. The only criminals that get conditional protection from our elected and appointed officials that dictate under what circumstances an officer may ask.  In many cities it requires another crime and another victim before action can be taken.

Citizens have a constitutional right to expect the protection of federal laws which prohibit unauthorized activities by non-citizens and are denied equal protection by law enforcement, police departments or magistrates when they fail to enforce those laws.

I PLEDGE TO CONTINUE TO WORK TO ELIMINATE ALL SANCTUARY POLICIES IN THIS STATE, SECURE OUR BORDER, STOP ALL PUBLIC BENEFITS TO THOSE HERE ILLEGALLY, PROTECT OUR NEIGHBORHOODS THE BOTTOM LINE IS: THE RESULT WILL BE LESS CRIME, LOWER TAXES, SMALLER CLASSROOMS, SHORTER EMERGENCYROOM LINES, SAFER NEIGHBORHOODS, AND JOBS FOR AMERICANS AND A RESPECT FOR THE RULE OF LAW.

Many of our Politicians and Police Chiefs are in complete violation of their Oaths of Office while citizens and taxpayers pay the price.

As former Chief Deputy of Maricopa County Sheriff's Office, former Judge and now a lawmaker, I witnessed a day that I couldn’t imagine: Police chiefs throughout the Valley stood together and proclaimed their opposition to enforcing the law in complete Violation of their Oath of Office, just days after Phoenix Officer Erfle was murdered by an illegal alien.

 I sat ashen as I watched the news reports.  The chiefs of police, including Phoenix’s Harris, former Mesa’s Gascon, stood at a Press Conference and publicly refused to enforce the law. Less than a month after the brutal murder of officer Erfle at the hands of an illegal alien, they snub the opportunity to make necessary changes, all for the sake of political correctness.

 Death and maimings of police officers & citizens by illegal aliens:
 Rob Krentz,  Officer’s Figueroa, Erfle, Atkinson, Sitek, Eggle, Collins, Epling, Deputy’s Pearce & Argetsinger, Sgt. Tapia, Martin, Fass, Kirpnick, Schechterle, Gilbert mother killed, Jason Iraq veteran, Mother a "legal immigrant" killed, triple homicide, 3 illegals beat pregnant woman, 5 illegals kill principal, Feds arrest 2,100 violent criminal aliens, deputy in hit and run, Trooper Shot to Death, Day laborer killed girlfriend's baby, Muslim from Bosnia - Killed 5 in crowded shopping mall, Sniper, John Lee Malvo, required by law to be immediately deported. Instead, released Malvo and his cohort killed 10 people, two disabled teenage daughters raped Salvadoran street gang, Dep. March killed, Tricia Taylor lost both her legs, 10 year old Walter Valenzuela murdered, Kimberley Hope murdered, 5 year old Ana Cerna murdered, Joseph Crummy murdered, Amber Merkle only 8, killed, Vinessa, 23, brutally raped & murdered, and the list goes on.
9,000 Americans killed each year, 25 each day, 12 by stabbings and shootings, 13 by DUI and related crimes (Congressional Report; Drawing a Line in the Sand).
Study: 1 million sex crimes by illegals; More than 100 sex offenders crossing border daily Deborah Schurman-Kauflin: Based on a one-year in-depth study, a researcher estimates there are about 240,000 illegal immigrant sex offenders in the United States who have had an average of four victims each.

 Police officers have the inherent authority to uphold city, state and federal law (the law is clear and the courts have codified that authority and the Constitutional authority is clear). These officers witness the harm done to innocent Arizonans on a daily basis while their superiors instruct them to ignore their oath of office. Officers on the street have the legal authority, will and desire to enforce the law but the hierarchy stands against them, more interested in PC and harboring illegal aliens, rather than doing their job of protecting lawful citizens and that of “Public Safety”.

 The more than 800,000 state and local law enforcement officers in the United States constitute a vital force multiplier. Most importantly, state and local police officers represent a critical line of defense in the war against terrorism. In the six months before 9/11, there were four tragic missed opportunities to arrest the leaders and pilots of the 9/11 terrorists. Had the federal government acquired & disseminated information about basic civil immigration violations to local law enforcement through the NCIC system, several terrorists might have been arrested, and the 9/11 plot might have unraveled. The 4 ring leaders all had been stopped by law enforcement just prior to 9/11 and all in violation of immigration law. As George Santayana reminded us: “Progress, far from consisting in change, depends on retentiveness. . . . Those who cannot remember the past are condemned to repeat it.”

 While “We the People” debate the action or lack thereof from the federal government, our cities, neighborhoods, our streets have turned into war zones. Legions of illegal alien gangs fight for the right to smuggle drugs and people. An illegal alien pulled over by police for a traffic offense has no worries about facing anything more than a small fine, many of our Chiefs prefer to wait until they kill someone of commit a serious felony. A congressional Homeland Security Committee report estimates that illegals kill over 9,000 Americans a year; annually they kill twice the number of Americans than the brave soldiers who have lost their lives in Iraq to date.

Many of these have prior contacts or arrests and still remain in the U.S. Enough is enough. Had our laws been enforced 9-11 probably would have been averted.  4 of the 5 pilots and main conspirators in the 9-11 terrorist attack had contact with law enforcement and were released, all in violation of our immigration laws.

After years of witnessing the increase in crime, it is inexcusable for our Valley’s police chiefs to maintain their sanctuary policies. We can not stand by and tolerate them putting the rights of non-citizens above citizens.

 Every day the cost of ignoring the border increases tax fraud, identity theft, and property crimes, a burden on Arizona residents; billions to educate, medicate and incarcerate; but the irreversible cost of violent crimes can not be endured any more.

 Police chiefs in this state are more interested in putting handcuffs on their officers than illegal aliens.

Arizonans have spoken loudly and yet they refuse to listen:

 In '04 I put a Citizens Initiative on the ballot, requiring proof of citizenship & ID at the polls to vote (a terrible blow to ACORN in their registration drives), and denying public benefits to illegal aliens; in '06 I put 4 Referendums on the ballot, and in Nov. by a 75% average citizens passed Propositions 100, denying bail to illegals who commit serious felonies; 102, denying punitive damages to illegals; 103, making English Arizona's Official Language; and 300, denying public benefits to those in our country illegally.

We also passed at the legislature the toughest Worksite Enforcement bill in the nation, "The Fair and Legal Employment Act".

I am not sure what part of "illegal" they don't understand, but finally the citizens are standing up and demanding we tackle the problem of illegal immigration. Let's take the handcuffs off from our police officers; Arizona will finally be able to give away its title as a crime capital of the United States.

By allowing our cops on the beat to do their jobs, they could be responsible for the one of the largest crime reduction programs in state history.

Those that refuse to follow their constitutional duty or live up to their oath of office should be forced to step aside and make way for honest, hard-working law enforcement officers that know their job and cost of not doing it. Your Mayor and City Council would have to do their job first.

 If we must, let’s take it to the voters by initiative in states that have a citizen’s initiative process. I trust the voters to have the final say.

Resolution to Enforce Our Immigration laws and Secure Our Border:

Whereas, The Arizona Republican Party recognizes, “If it be asked, what is the most sacred duty and the greatest source of our security in a Republic? The answer would be an inviolable respect for the Constitution and Laws” — Alexander Hamilton.

Therefore, be it resolved by the Arizona Republican Party of the State of Arizona:

1. Establishes that there is a significant public interest in the effective enforcement of immigration law & the states are bound by the Supremacy Clause of the United ‘States Constitution to enforce violations of the federal immigration laws:

2. The illegal alien invasion has a corresponding increase in violent crimes, gangs, threat to public health, billions in cost to the taxpayer, jobs taken from Americans; and

3. Demands the elimination of all sanctuary policies in the state of Arizona and require the enforcement of our immigration laws & require law enforcement to turn over to federal authorities for removal from the United States all illegal aliens & where necessary tried and punished for criminal activity before removal.

4. Require state officials to take action that would secure the Arizona – Mexico border including putting the National Guard in a primary role on the border.

5. That all agencies and employers ensure compliance with all federal and state laws and regulations related to the immigration status of all employees.

Opposed to these rationalizations are the facts: (Gilbert Office after arresting an illegal alien on a traffic stop found him to be wanted on a homicide warrant, yet he had his Matricular card)

•     We spend about $1 billion annually in K-12 on illegal aliens
•     Arizona #2 in the World in kidnappings

·         Illegal alien abuse of our medical facilities has forced many to close

·         Illegal aliens use our deserts to dump their non-degradable garbage

·         Through increases in taxation, our representatives are stealing our property in order to redistribute our wealth to illegal aliens.

·         In the U.S., 26 citizens a day are killed by the actions of illegal aliens

·         Services we are required to provide to illegals are bankrupting our states and lowering our quality of life and quality of education

·         Tucson public schools use race based ethnic study courses to denigrate the U.S., inculcating loyalty to Mexico

·         Abetting illegals enables the culture of corruption they bring to grow: Kidnapping, ID theft, drug wars, murder, vehicular manslaughter, gangs, graffiti, drop houses, hostage taking, blackmail, rape and death during transport of illegals, home invasions

·         voting for sanctuary cities allows potential terrorists, who are illegals, to walk our streets with impunity (4 of the 5 leaders and pilots of the 9-11 terrorist were stopped by law enforcement and released and were in violation of our immigration laws.  Had they been arrested 9-11 would have been averted.

FASCIST SB 1070: Russ Pearce's Laments.

"Illegal Employers": That's a new phrase to me. Wonder if the SBA has heard it and how they like it. 

Anyway, not to worry any more about this horrible legislation, folks – Pearce is already on top of our concerns – we just need to trust him to be acting in “our” “best interests” since he’s clearly a proven American patriot. After all, look at all his years of public service and the legislation he’s already passed. He makes such a good argument that he should be more respected, that I bolded it in red letters below for you.

It will take us at least a generation to undo the damage that his good work has done to Arizona families and communities…and some can never be healed.


Please tell your legislators to shoot this bill down.

---------------- From: russellpearce.com  (April 10, 2010 7:47pm) ----------------------------

Friends, 

Some concerns have been raised with portions of the legislation I have introduced, SB 1070 safe neighborhoods; immigration; law enforcement (that will known as:  Support Our Law Enforcement and Safe Neighborhood Act).  

I would like you all to know that I have made a good faith attempt to address any legitimate issues in a manner that I feel will not weaken the legislation while hopefully still addressing  your concerns. 

As you know we have to examine each issue as it relates to real world implications and from a perspective that will provide judicial clarification if any challenges are brought against this legislation. 

I would like to take this opportunity to clarify exactly what issues have been raised and how they will be addressed in the Floor Amendment sponsored by Representative Biggs on behalf of myself.  

Provisions of the Biggs Floor amendment:

What about states that issue licenses without confirming legal presence?

v     The Biggs amendment clarifies that federal, state or local government-issued ID only provides a presumption of innocence if the entity requires proof of legal presence.

Does local law enforcement have jurisdiction to transport an illegal alien across state lines?

v     The amendment requiring judicial authorization before transporting an illegal alien out of the state, to ensure that law enforcement is complying with federal requirements.  

Are there any provisions that may “open the door” for implementation of REAL ID?

v     The amendment statutorily prohibits the implementation, authorization, or establishment of REAL ID alleviating any concerns raised by the language.

Will this law create a scenario where cities and counties are continuously battling frivolous lawsuits, including lawsuits from people all across the country?

v     The Biggs amendment stipulates that only legal Arizona residents may brings actions against sanctuary cities and requires and loser pays all reasonable cost and attorney fees. 

NO ONE fights any harder for freedom, limited government and public safety than I do.  Our laws must be enforced, our borders must be secured and citizens have a Constitutional right to this protection under our laws and our Constitution.  I will continue to defend States Rights and our Constitutional liberties.  We must support our law enforcement officers in the protection of Life, Liberty and Property, that includes the rule of law.  

I have two legal opinions which are attached.  However, in spite of this, some folks continue to promote concerns that are not in the bill and are already prohibited by law and the Biggs amendment will even make clear and prohibit Arizona from participating in any form of national ID. 

I have spent several hours working with Governor's Office, F.A.I.R. to address these concerns and others.  I have put words in which will be in the amendment Tuesday, April 13th, prohibiting a form of National ID or radio chip of any kind as indicated in the Obama plan for new ID. 

I also will strengthen the civil rights provision that is already in the bill to prohibit any racial profiling.  I have also strengthened other areas of concern.  I also added language to make sure the verification of information is about aliens and the transportation part is for those in furtherance of an alien remaining in the U.S. such as sanctuary movements or smuggling and NOT a little ole lady taking someone to church or a good Samaritan or any emergency medical needs.  In 25 years there has never been a prosecution of anyone for simply taking someone to church, a church outing, boy scout outing, etc.  I am disappointed some continue to ignore the simple and plain language in the bill.  

SB1070 is the most comprehensive enforcement bill in the nation, it will remove all "illegal" sanctuary policies that exist in many of our cities, and it will allow law enforcement to enforce our immigration laws as intended.

I guarantee this will save lives, American jobs, reduce the cost of government, improve neighborhood safety, improve congestion, move toward smaller classrooms, shorter lines in emergency rooms, reduce rapes and molestations and reduce the number of deaths and maimings of our citizens and more.

Please note that Phoenix has had a more than 50% reduction in homicides this year over last year, after we passed employer sanctions and other illegal alien legislation, and our illegal alien population has decreased by twice the national average in the past two years saving lives and hundreds of millions of dollars in services.

SB1070 will add a "trespass" provision to law enforcement giving them the ability to hold an illegal alien under state law if need be or to just a phone call to ICE and turn them over to ICE.  This provision will allow our law enforcement folks to complete investigations on a suspect and not allow them to be deported before the investigation can be completed.  It also goes after illegal employers and illegal aliens soliciting work and provides for law enforcement to more easily enforce public safety issues on busy streets.

AS I have promised: SB1070 will be amend to clarify issues of concern, but will not be weakened so it jeopardizes our ability to enforce our laws appropriately and withstand future court challenges by the normal suspects.  

(The civil rights activists, you mean? - this italicized comment inserted by Peg. Words below are his, though...)

I must admit, I am disappointed in some folks who have expressed unwarranted concerns in my opinion.  I have worked for over 30 years to protect states sovereignty and in defense of our Republic as intended by our Founding Fathers.  You would think after years and years of caring the torch of freedom, states rights, limited government, in defense of Constitutional government in defense of Life, Liberty and Property some would have a little more trust. 

To be sure, I have asked for additional legal opinions and have been assured by several competent independent Constitutional attorneys, legislative council attorneys and the Maricopa County Attorney's Office that my interpretation is correct.  However, I want to be very clear and will add language to eliminate those concerns as best as I can.

We have already passed legislation to prohibit the State of Arizona from participation in any kind of National ID or Real ID Act and it is current law.  This bill did not and does not change that.  Having said that, I will put language in the bill that enhances the clarity on these issues of concern and make it very clear that nothing in this bill will allow Arizona to be a part of any national ID program. 

There will be similar language to deal with concerns over improper or prolonged detention.  I have had Legislative Council and the Maricopa County Attorney's Office examine this legislation and both have assured me it does allow for any kind of National ID or expand ID requirements in any way.  I have also attached the letter from the MCAO that answered my questions.  I am also pasting the legal opinion from the Arizona Legislative Council at the bottom of this email.

I will make some changes (in the Biggs amendment) to protect the first responders and those good Samaritans transporting illegal aliens (little old ladies taking someone to church) are not in jeopardy in any way.  They are not now under this bill, because they must be committing an additional criminal offense to the state law to be so charged, but I will make it even clearer in the new language.

We should be able to have this bill heard the first of next week on the House floor for COW and 3rd Read.

I will keep you appraised on our progress.

For Liberty,

Russell

Your Voice for Families, Freedom...Fascism.

PearceAlert (From Senator Russell Pearce, to his faithful followers) from www.russellpearce.com in re: SB 1070 hearings yesterday. I don't understand the closing lines...I think he's unraveling.

-------------

Hi,

Thank you for your support yesterday.  Don't be fooled by the miss information given yesterday in committee by those who oppose any and all enforcement.  I will not attend another funeral without having done all I can to enforce our laws.  We must enforce our laws with compassion, but without apology. 

I have been to court (federal court) 7 times on Prop. 200 and 5 times on Employer Sanctions and we have won all 12 times.  The language will survive the challenges by the open border/ACLU/MALDEF/AND OTHERS, as the left and cheap labor crowd continue to tell it has drafting errors.  Not true.  The old attorney trick.   I refuse to attend another funeral of a Police Officer or of a Citizen without doing everything I can do to enforce our laws.  Government is complicit in the deaths, maiming and cost to our citizens.  

Remember the Police Chiefs had a Press Conference several months ago right after Officer Erfle was murdered by an illegal alien and stated they refused to enforce our immigration laws.  No surprise they have concerns (invented to protect the status quo).  They do not want to enforce the laws and have stated, that is why they have so many roadblocks in place and as testified to investigations on officers who called ICE.  In fact they are investigating one commander for arresting homicide suspects that were illegal aliens, because he did not get permission from higher command officers.  Look at the endorsements, Sheriffs, Police Officers, many, many others and just Saturday by a unanimous vote of over 1400 Maricopa County PC's endorsed this effort.  80% of the public support this effort.  

I just had a meeting with law enforcement yesterday afternoon and they were extremely upset that there were concerns about their ability to "know" when and when not to arrest with the silly arguments or concerns presented by some.  That is what they do for a living.  They don't go around arresting people based on appearance!!!!!  They have been restrained from doing the very job they took an Oath to do.  Protect and to Serve.   Enforce all laws.  They have been too many funerals, many which could have been prevented. 

Again, thank you for your support yesterday.

Your Voice for Families, Freedom, Constitutional and Limited Government and a Consistent Conservative Voice:  God... Family ... Country

Russell

Pearce Sneaks In his HATE: 9am TODAY.

Russell Pearce introduces huge anti-immigrant bill.
SB1070 is grab bag of all unsuccessful bills of past years!

If you only respond to one action alert this legislative session, make it this one! In just a minute, you can send an email to members of the Senate Public Safety Committee urging them to VOTE NO on SB1070!

Forward this to all your contacts in Arizona. Please attend the Senate Public Safety and Human Services Committee hearing: Wednesday, January 20th at 9:00am

                           

Click Here to Take Action

SB1070 IMMIGRATION, LAW ENFORCMENT, SAFE NEIGHBORHOODS
Sponsor: Sen. Russell Pearce
To read the bill's full text: www.azleg.gov (search SB1070)

This bill is a huge, all-encompassing effort to force every government agency in Arizona to criminalize and marginalize immigrant families in Arizona and to keep our state in economic decline. The bill's measures include:

• No governmental entity in the state may adopt a policy that limits or restricts enforcement of federal immigration law to the full extent permitted.
• In all contact by government employees with a person where "reasonable suspicion" exists that the person is undocumented, the person's immigration status must be verified.
  
• A person commits the crime (minimum class 1 misdemeanor) of trespassing by being in the U.S. illegally.
  
• A law enforcement officer is authorized to arrest, without warrant, any person the officer believes to be here without legal documentation.
  
• It is a class one misdemeanor to stop on a public roadway or for a person to enter a vehicle stopped on a public roadway for the purpose of securing employment to perform work at a different location if the vehicle blocks or impedes the flow of traffic.
  
• It is a class one misdemeanor to transport or conceal someone who is undocumented.
  
• It is illegal to induce someone who is undocumented to reside in this state.
  
• The state's employer sanctions law is modified to, among other things, authorize the county attorney to perform investigative functions (take evidence, issue subpoenas and order depositions) related to the law.
  

Pearce's SB 1027. Brown = Crime. Seismic.

This just in via my friend Matt, who feeds the Phoenix Immigrant Rights list-serve. I can't believe Pearce is talking about funding a program to do seismic monitoring for migrants when we're slashing the budget everywhere: terminating child care benefits, excluding thousands of potential freshmen from college, and cutting the poor off of basic essentials.

Hunger and poverty are extremely debilitating; going after one's political opposition by hitting them where they eat is very effective - it makes it hard for the people to organize and rise in resistance. That's how these people work - look at how they've attacked all of us in the past two years.

I think they'll have another thing coming when they realize that this thing with the march on the 16th isn't just Puente and it isn't all about Arpaio. It's about human rights and social justice in this state - two things which Pearce and his henchmen stand in proud opposition to. From what I can tell, the only things that matter to any of them are their property, their women, and their guns. The rest of Arizona can fend for ourselves in the desert with the migrants. Anyone who tries to help us will probably be prosecuted and imprisoned.

Here's Pearce's campaign website. Look at his endorsements. Check out the legislation he's sponsored (it's all linked on his site). Look at what he's got in store for us still. Anything he can't ram down the rest of the legislature's throat he'll file a citizen's initiative on to put it on the ballot. Some "citizen's initiative". That's just another selfish white man trying to get his way any way he can; he has no real interest in democracy - a truly empowered people would see through him and kick him out..

How ridiculous that they're seriously considering this bill. I hope the real Republicans in the senate see this for what it is before they jump on board.

It's racist.

Most migrants are heading south these days, I thought. If this was really about ending drug smuggling (which is their back-up), they'd have used that keyword in section 1 below. This is about making sure that everyone ties migrants in with the drug cartels as a reminder that the Latino community and criminal activity are inseparable.

In that way, his anti-immigrant legislation has more to do discrediting the U.S. citizen Latinos who vote than it does with the migrants who don't - if he doesn't convince us that they're all criminals, they might throw in with the unions and moderately progressive people out here (we all already have) and upend the moneylenders' tables. That's what this bill is about - keeping brown people in Arizona down. Expect him to continue on that theme in an increasingly shrill voice as the political season unfolds.

This guy is one dangerous man with far too much power - a bully, to say the least - who's wasting our precious resources and leaving us a future of nothing but private prisons fueling the economy of this state. What kind of visionary leadership is that?

Hopefully he'll cling to Arpaio's dying career a little longer - at least until the federal indictments are handed down. That'll make our job a lot easier.

-----------------------------

Pearce put out his first 2010 bill targeting migrants.  He said he was submitting the Support Our Law Enforcement (S.O.L.E.) today as well.

Monday, January 11, 2010

Arizona bill proposes seismic monitoring for illegal activity (as posted at Arizona Geology blogspot)

“The Arizona State Legislature starts its annual session today and State Senator Russell Pearce pre-filed Senate Bill (SB) 1027, which calls for a pilot program to install seismic monitors at rural airports to identify possible illegal drug activity and illegal immigration.  I guess the idea is know when and where smugglers planes land.  [right, drug-smuggling Beechcraft crashes in tv series Lost. Credit ABC]…

The full text of the bill follows:


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Immigration; seismic sensors; grants; pilot program; report; delayed repeal

A.  The department of public safety shall seek grants to implement a one‑year pilot program that would use seismic sensors to monitor airport runways in the rural areas of this state where illegal drug traffic and illegal immigration are likely to occur.

B.  On or before July 1, 2012, the department of public safety shall submit a report regarding the effectiveness of the pilot program to the governor, the speaker of the house of representatives and the president of the senate and shall provide a copy of this report to the secretary of state.

C.  This section is repealed from and after December 31, 2012.”