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.”

VETO SB 1070; Chomsky on Fascism.

I will have more on yesterday's Capitol protest later; this seemed relevant, though. Chomsky describes the Tea Party contingent well. They were there yesterday - indistinguishable from JD supporters, hundreds of ranchers, and rabid anti-immigrant forces. Hundreds of them, all told. And maybe 25 of us, mostly youth of color. Our opposition has no foundation for their claims, so they just called us names ("losers", "idiots") and told us to "go back to Mexico" (I'm a direct descendant of the first Pilgrim Governor, actually, and carry Brigham Young's genes in my blood). 

Actually, I'm surprised I wasn't assaulted by one of the anti-immigrant  people, because they were so agitated that a few of the women chased after me screaming when I went by them with DREAM Act fliers ("how about the 'Go Home Act'?"). Terrified people are easily exploited by men like Pearce and Thomas, and they turn into vicious, vindictive, brutal, entitled, racist, fascist beings. 


Just watch what they do to us next - to both the migrants and their sympathizers. After yesterday's event, I wouldn't be surprised if Joe Arpaio was elected as a Human Rights commissioner or something by AZ voters. As for us - I think we'll see lynching come back soon - or at least a surge in vigilantism/hate crime, police harassment, and abusive prosecutions against racial and political minorities in this state.


Boy, was there a lot of hate and fear on the State House lawns yesterday, and it wasn't coming from us. We know the arc of the universe bends towards justice - our kind, not theirs. We will work with her timeline. The Pearce/JD/Tea Party/White Supremacist crowd are the ones who are so afraid of the world out here that they have to carry guns everywhere - even though we're really the ones (the poor) who get gunned down the most.

SB 1070 passed the House and goes to the governor now, by the way.


This will be a dark era in Arizona's history. We might as well have segregated bathrooms and Jim Crow laws...


Actually, I guess we do. 


We are already the most fascist state in the country, and the lemmings here - all caught up in their own self-interest and privilege and fear - have no idea what has just been done to democracy...having forfeited the rights of others, we have forfeited our own.

All out of fear.

More people - US veterans, even - have been killed by the lack of health insurance this year than those killed by every single possible nuance of illegal immigration that can be milked from crime statistics. So, this has nothing to do with public safety or welfare, or Russ Pearce would have led the charge for health care reform and other things that really could save a lot of American lives. He's destroying the fabric of our Constitution instead - and the Republican Party is bending over backwards to help the likes of him. 

They're doing it because they know that under a true democracy they would have to share power. These people are convinced that not only do they not have to share anything, but that asking them to share any kind of resource, even in a  recession, is a direct assault on their liberty, livelihood, and even family. Thus the violent reaction to health care reform from this small segment of the community. They have intimidated their own party members into bowing down to fascism in the legislature.


That's pretty troubling, because that means that people like my grandpa and my dad, who are anti-racist at heart, despite being Republican white men, are being taken in by the flag-waving rhetoric and exploited to support things they would give their lives to fight against if they had even a clue of where we are heading. Hell, Dad already spent his life fighting this.

But even good people led astray can be capable of horrible things...there is nothing my dad wouldn't do to protect his family if we were under attack. We have to somehow make it harder for Pearce et al to turn our resistance to them into attacks on our neighbors, or we are all doomed.

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

Chomsky Warns of Risk of Fascism in America

By Matthew Rothschild, 

The Progressive 

April 12, 2010 

Noam Chomsky, the leading leftwing intellectual, warned last week that fascism may be coming to the United States.

“I’m just old enough to have heard a number of Hitler’s speeches on the radio,” he said, “and I have a memory of the texture and the tone of the cheering mobs, and I have the dread sense of the dark clouds of fascism gathering” here at home.

Chomsky was speaking to more than 1,000 people at the Orpheum Theatre in Madison, Wisconsin, where he received the University of Wisconsin’s A.E. Havens Center’s award for lifetime contribution to critical scholarship.

“The level of anger and fear is like nothing I can compare in my lifetime,” he said.

He cited a statistic from a recent poll showing that half the unaffiliated voters say the average tea party member is closer to them than anyone else.

“Ridiculing the tea party shenanigans is a serious error,” Chomsky said.

Their attitudes “are understandable,” he said. “For over 30 years, real incomes have stagnated or declined. This is in large part the consequence of the decision in the 1970s to financialize the economy.”

There is class resentment, he noted. “The bankers, who are primarily responsible for the crisis, are now reveling in record bonuses while official unemployment is around 10 percent and unemployment in the manufacturing sector is at Depression-era levels,” he said.

And Obama is linked to the bankers, Chomsky explained.

“The financial industry preferred Obama to McCain,” he said. “They expected to be rewarded and they were. Then Obama began to criticize greedy bankers and proposed measures to regulate them.

And the punishment for this was very swift: They were going to shift their money to the Republicans. So Obama said bankers are “fine guys” and assured the business world: ‘I, like most of the American people, don't begrudge people success or wealth. That is part of the free-market system.’

People see that and are not happy about it.”

He said “the colossal toll of the institutional crimes of state capitalism” is what is fueling “the indignation and rage of those cast aside.”

“People want some answers,” Chomsky said. “They are hearing answers from only one place: Fox, talk radio, and Sarah Palin.”

Chomsky invoked Germany during the Weimar Republic, and drew a parallel between it and the United States. “The Weimar Republic was the peak of Western civilization and was regarded as a model of democracy,” he said.

And he stressed how quickly things deteriorated there.

“In 1928 the Nazis had less than 2 percent of the vote,” he said. “Two years later, millions supported them. The public got tired of the incessant wrangling, and the service to the powerful, and the failure of those in power to deal with their grievances.”

He said the German people were susceptible to appeals about “the greatness of the nation, and defending it against threats, and carrying out the will of eternal providence.”

When farmers, the petit bourgeoisie, and Christian organizations joined forces with the Nazis, “the center very quickly collapsed,” Chomsky said.

No analogy is perfect, he said, but the echoes of fascism are “reverberating” today, he said.
“These are lessons to keep in mind.”

Matthew Rothschild is the editor of The Progressive magazine.

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.

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

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.

Racist, Fascist SB 1070 "Illegal is not a race..."

If that's true, I must be lost. I thought this was Arizona.

Here's the latest Pearce Alert on his racist, fascist legislation, SB 1070...Be there or otherwise lift your voice by Tuesday, April 13 to register your resistance to this repulsive effort to trump local sovereignty and communities trying to prioritize their law enforcement resources without Pearce's interference...this thing has implications for all of us - citizens, too.

Pearce et al are not representing a LOT of us in Arizona these days...we are not all fascists and racists.

-------------------------------------from www.russellpearce.com -----------------------
.

Hello ,

SB1070 Will be heard in the Arizona House of Representatives Tuesday afternoon, April 13th.

This is the best and most comprehensive immigration enforcement bill in the nation.  I would appreciate it if you would send this to your list. This is an important bill. I need calls and e-mails. I have a firm commitment from the Speaker to have the bill 3rd read next Tuesday.  I need to make sure our Republicans stay firm for the rule of law.    Illegal is not a race, it is a crime.   

 

Next Tuesday, I also will be holding a Press Conference at noon and an all afternoon hearing on border violence along with Ranchers and Farmers from the border and the cost of our open border to citizens. 

 

Please email support to the House of Representative for SB 1070; it should be up for 3^rd and final reading next Tuesday.

http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1070

SB 1070       immigration; law enforcement; safe neighborhoods

 Sponsors 

**PEARCE R	P	GRAY C	P	GRAY L	P	ANTENORI	P	BARNES	P
GOWAN	P	HENDRIX	P	KAVANAGH	P	SEEL	P	ALLEN S	C
BURNS	C	GORMAN	C	HARPER	C	HUPPENTHAL	C	LEFF	C
MELVIN	C	NELSON	C	PIERCE S	C	TIBSHRAENY	C	VERSCHOOR	C
WARING	C	ASH	C	BIGGS	C	BURGES	C	COURT	C
CRUMP	C	LESKO	C	MASON	C	MCLAIN	C	MONTENEGRO	C
MURPHY	C	NICHOLS	C	REAGAN	C	STEVENS	C	WEIERS J	C
WEIERS JP	C	YARBROUGH	C

Purpose: Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws.  Establishes crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties.

Enforcement of Immigration Law

·          Prohibits officials and agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.

·          Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.

·          Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.

·          Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.

·          Specifies that a person is presumed to be lawfully present if the person provides any of the following:

Ø        A valid Arizona driver license.

Ø        A valid Arizona non-operating identification license.

Ø        A tribal enrollment card or other form of tribal identification.

Ø        A valid federal, state or local government issued identification.

·          Requires that if a person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP). 

·          Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.

·          Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:

Ø        Determination of eligibility for any public benefit, service or license. 

Ø        Verification of any claim of legal domicile if legal domicile is required by law or judicial order.

Ø        If the person is an alien, determination of the person’s compliance with federal registration laws.

Ø        Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.

·          Allows a person to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

·          Allows the court to order any of the following, if there is a judicial finding of a violation:

Ø        That the person who brought the action recover court costs and attorney fees.

Ø        That the entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions. 

·          States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.

·          Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.

·          Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.

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

More of Russ Pearce's Racist Vitriole on Sanctuary Cities

This is Russ Pearce's latest newsletter, dated January 2, 2010. Pay attention. It's pretty disturbing. We need to stop this thing. Among other things, this attack on "sanctuary cities" is an attempt to strip local communities of their right to prioritize what laws they'll chase people down for and spend their resources prosecuting. So much for local autonomy...only his district counts, I guess.


By the way, I have no problem saying that racist politics are extremely incorrect. There's no acceptable defense for any of it.


-------------From Senator Russell Pearce's January 2, 2010 Newsletter---------------------------

This past Wednesday, Arizona Police Association representing dozens of Police Agencies (boots on the ground) and thousands of Police Officers state wide has without objecting and with overwhelming enthusiasm endorsed legislation to end all policies that restrict law enforcement from enforcing our immigration laws and in fact specifically endorsed my legislation "Support Our Law Enforcement and Safe Neighborhood Act".  I will have a bill number in about one week. 

Current Endorsements of: "Support Our Law Enforcement and Safe Neighborhood Act"
Arizona Police Association
Polls show 75/80% of Arizonans
Arizona State Republican Party (by Resolution)
Maricopa County Republican Party (by Resolution)
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
Phoenix Law Enforcement Association
Maricopa Deputy's Law Enforcement Association
Maricopa County Detention Officers Association
Glendale Police Officers Association
Mesa Police Officers Association
Chandler Police Officers 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
Life Liberty Freedom
NAILEM
American Citizens United
NumbersUSA
F.A.I.R.
Team America (Bay Buchanan & Congressman Tom Tancredo)
9-11 Families
ALIPAC
American Legislative Exchange Council (the largest national organization of conservative legislators)
and many more.


"SUPPORT OUR LAW ENFORCEMENT AND SAFE NEIGHBORHOOD ACT"

1. Illegal Sanctuary Policies: Eliminate ALL sanctuary cities in this state and allow 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.  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.  Also adds 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!!!!!

•         8 USC Sec. 1325:   (ILLEGAL ENTRY)
•         8 USC Sec. 1324:   (Hiring an ILLEGAL)
•         8 USC Sec. 1644:   ("No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section")
"Any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by:
•         10 years in prison
•         $2000 fine per illegal alien
•         Forfeiture of the vehicle or property used to commit the crime."

"All officers whose duty it is to enforce criminal laws shall have authority to make arrests for a violation of any provision of this section" (affirmed US v Perez-Gonzalez 2002 Fed App 0360, 6th Circ.).

"We Don't Need No 'Stinkin' 287g;” Local Law Enforcements Has Inherent Authority to Enforce Immigration Law:

Today we will take the "political handcuffs off from our law enforcement officers;"  the only reasons our immigration laws are not enforced are Political, not a lack of Authority.

This Citizens Initiative will pass by 70% to 80% by the voters.  The last four (4) Propositions I placed on the ballot in '06 passed by an average of 75%.

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 800 PC's present at each meeting, and in order to support our citizens Constitutional right to have our laws enforced and recognizing the damage in cost in crime and dollars to Arizona citizens and taxpayers;  We demand the end to all "Catch and Release" policies in the state of Arizona and further we will be filing a Citizens Initiative to remove/end all sanctuary policies in the state of Arizona.  No more Catch & Release.  We the legal and lawful citizens demand the enforcement of our laws.

I will introduce this legislation and hope to get it out of the legislature within the first two weeks of Session:  I believe I have the commitments from legislators and the Governor to make this happen.  I will need everyone's help.  We need to contact every single legislator and encourage them to support this legislation. You can use www.LifeLibertyFreedom.com to contact all the Legislators at once.

If the legislature will not support our law enforcement and citizens we will file The Citizens Initiative, to make sure the people have the last say.  So let us put most of our energy in this effort in getting the bill passed out of the legislature and signed by the Governor.   This is critical legislation for Arizona and the nation as we lead the nation in our efforts and over 30 states are modeling legislation after us.  Let's Take Back America One State at a Time!!!!! 

The burden of blind-eye police department policies and open-border philosophies were paid for with the lives of not only our police officers throughout our state. The danger clearly spread beyond law enforcement into our communities with more lives being lost. The quality of life in our state is being sacrificed for political correctness.

Russell