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Thursday, May 6, 2010

Why all the fuss about SB 1070, Arizona’s new immigration law?

You are all pretty lucky to have me do the research for you. After countless hours of research and reading, double checking and cross checking, the new law boils down to one simple fact. “Arizona law enforcement officers are now legally able to enforce the laws of the land”. Don’t want to take my word for it; okay, go ahead and read for yourself. I would suggest that you start with the “short version” and as you digest this you can jump ahead to the “long version”.
Well, what do you think? Maybe I can help out a little, so just follow along:
1. The bill starts out by amending Title 11, Chapter 7, Arizona Revises Statutes(ARS) by adding an Article 8, which states “that no one in Arizona may adopt any policy that limits or restricts the Federal Immigration Laws”.
2. Next they amend Title 13, Chapter 15, ARS by adding section 13-1509 to read: 13-1509. Trespassing by illegal aliens; assessment; exception; classification
      A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF TRESPASSING IF THE PERSON IS BOTH:
         1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE, and is
         2. IN VIOLATION OF TITLE 8, UNITED STATES CODE SECTION 1304(e) OR 1306(a)
            Section 1301(e) says that “The Attorney General and the Secretary of State jointly are authorized and directed to prepare forms for the registration of aliens” and 1304(e) states that “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section.”   
            Section 1306(a) says “Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor”.        
3. Next they amend Title 13, Chapter, ARS Section 2319 by inserting E. which states: “NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND THIS SECTION.
4. Next they add a provision making it illegal to stop on any road and block or impede normal traffic movement for the purpose of attempting to hire someone. It also makes it unlawful for an illegal immigrant to apply for work, or perform work for an employee or independent contractor in this state.
5. Next is a provision making it a criminal offense to knowingly transport an illegal alien and if they do and are caught their vehicle can be immobilized or impounded.
6. Next they amend Section 23-212 and 23-212.01 to make it an affirmative defense for employers if the employer is entrapped.
7. And last but not least, there is a provision to reimburse County Jails for costs relating to this legislation.

Well, in a nutshell, what do you think. Remember the last time you were stopped for a traffic violation? Out comes the wallet and then into the glove box. Down went the window and in a pleasant voice the officer usually says: “May I see your drivers license, registration and proof of insurance, please”. Maybe not exactly like that but close enough don’t you think. Do you recall being “racially profiled” or do you recall being “pissed off” because you got caught? Probably the latter, right? When they wrote the traffic laws we didn’t get to protest or get out of school to go down to city hall and picket. Times have changed, haven’t they.
A quick wrap up here goes something like this:
Arizona recognizes that the immigration laws as established by the United Sates of America rules over state law. If you are on private or public land and commit a crime you will be arrested, even if you are an illegal alien. And if you are an illegal alien driving in Arizona, and violate a traffic law, you will be stopped and asked to produce identification just like every other person. And if you are standing on the street soliciting without a license in Arizona cities you will get busted as will the person who stops and talks with you.
Getting close to the end we find that the law provides for people smuggling to be a criminal offense. Oops, that for Australia, Indonesia, the Philippines, and realistically Mexico and South America.
The final part of the law is geared towards employers hiring illegal aliens and their protection from being entrapped.
So what do you think of the new law now. Does it really give cause for the asshole Congressman, Raul Grijalva, to call for a boycott of the state who pays his salary? Are you ready now to go out to the picket line and join the high school crowds who don’t earn a living yet, or pay property taxes, or maybe the U of A crowd(300 out of 30,000+ enrolled) urging the University President to call for repeal of a law supported by 70%+ of the taxpayers. Maybe President Shelton sees the light. And remember, the schools get paid on a daily basis for attendance, so although they do not encourage the students to participate in a protest, they are reminded to encourage them to show up for attendance before they leave class.
Or do you think we should wait for Obama and his administration to take the lead? And what about that “saving grace” fence that is over 500 miles long and nearing completion?
On a final note, don’t forget to “VOTE NO ON PROP 100”. Remember the Alamo, or maybe I should say Greece. It is heartbreaking when you have to wean, but it must be done.

1 comment:

Bruce Call said...

Merle:

Great post.

In light of the lack of Federal backbone, Arizona SB 1070 is not only sensible, but it is the right thing to do. The Federal government ignoring the problem does not make it disappear, rather it exacerbates it. There are a number of significant disadvantages to having laws that are not enforced:
1. No enforcement breeds disrespect for the law and law enforcement officials.
2. With no enforcement those who do abide by the law are under a cloud of suspicion because they might "appear" to be alien.
3. Illegal aliens, no matter how well intended, are forced to live in the shadows. They cannot be fully contributing members of society. They are fearful of calling on law enforcement officials for protection and they feel they must run and hide when they transgress even the most inocuous misdemeanor.
4. The general security and safety of the country and its citizens is reduced.
5. The prisons have a disproportionately high number of illegal aliens which increases our costs as taxpayers.
6. The hospitals have a disproportionately high number of illegal aliens who utilize the service but do not pay which increases our costs of health care.

It appears that those who oppose the Arizona law must have some hidden agenda--perhaps they want the cheap labor without having to pay benefits. Maybe they think they will be able to eventually garner a large voting block because they plan on pushing through some sort of "amnesty" legislation. In any case the motives are not in the best interests of the aliens or the country, but are selfish. Certainly they may say that they are just trying to afford human dignity to everyone, but the opposite is true. They continue to propogate the notion that all of the items 1 through 6 above are actually acceptable--even desirable.

The only real way to give people dignity is to acknowledge and enforce the laws and to make a reasonable way for people to come to this country legally. A guest worker program, controlled ingress, legal entry, these are ways that allow people to stand tall and say with confidence: "I am here legally. I abide by the law."

We should be vociferous in standing up for SB 1070. We should drown out the voices of opposition by being informed and stating our position with conviction and verve.

Go for it!

Bruce Call