While Congress has been busy with profoundly expensive pet “please vote for me again” social projects it has failed miserably in its actual constitutional responsibility to protect national security at our borders. Now, beleaguered border states are taking over and they aim to clean up the mess once and for all- basically, do Congress’ job.
Arizona has legislatively passed SB1070. It’s a controversial bill that gives all agencies within the State of Arizona the authority to enforce immigration laws as written under Federal Law and it is awaiting Governor Jan Brewer’s signature. The ACLU is promising to challenge the bill in Supreme Court for being unconstitutional. The bill is a mere 17 pages and I have read and understood all of them- without an attorney!
There’s bound to be misinformation, so here are the facts regarding SB1070:
1. The bill uses Federal Law (8 USC, sec. 1373(c)) to determine the legal status of a person. ***Imagine that…using an existing federal law to support a state law. The AUDACITY!
2. A person can be questioned regarding legal status only through “ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCYOF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE”. ***It’s here that liberals are just up in arms about evil police officers intruding on people’s rights by demanding identification at every whim. Trouble is, “lawful contact” does not permit this sort of action. An officer has to have probable cause to request identification such as, oh I don’t know, SMUGGLING DRUGS, KIDNAPPING, GANG ACTIVITY, TRAFFIC VIOLATIONS, and the list goes on!!! Simply “suspecting” that a person could be illegal does not count.
3. Agencies shall be in no way restricted from exchanging immigration information for the purposes of:
a. Determining eligibility for public benefits. ***My GOD! You have to PROVE you’ve paid for those benefits???
b. To prove you’re a legal resident when required by law. ***This is just SICK!
c. Confirm the identity of a detainee. ***Big brother ALWAYS has to know who you are when you’re arrested! It’s how they get you!!! Er…wait, they already got you…but STILL!!!
d. Confirm, if a detainee is determined to be an alien, whether or not he is legal.***C’mon! First demand ID, then demand legal status??? Next they’ll want FINGERPRINTS!
4. No official or agency may limit or restrict the FULL ENFORCEMENT of Federal Law or any person may sue that official or agency in superior court. If the accused party is found guilty, that party is responsible for all legal fees and expenses of the person who brought the action AND must pay no less than $1,000 and no more than $5,000 PER DAY that the policy in question remained active after the suit was initiated. ***Unbelievable. Make a law, then expect everyone to just suddenly be held accountable to it! What is this country coming to that we should expect EVERYONE to abide by the law???
5. Any fines imposed on persons found to be residing illegally in the United States will be used toward the Gang and Immigration Intelligence Team Enforcement Mission Fund. ***Gang members paying for others to get arrested- that’s practically water boarding!
6. An employer found to be knowingly employing illegal aliens must FIRE all illegal aliens and sign a sworn statement verifying that he has done so or lose all licensing. (no fines) ***Great! As if unemployment weren’t bad enough already. Boy, if it weren’t for that stupid requirement to show ID for public benefits unemployment claims will go THROUGH THE ROOF. That’s right, I said unemployment claims will go through the roof- you can quote me on that! (just forget about the little ID thing)
There’s obviously more, but it’s not as interesting as this stuff.
All joking aside, I say, “GO ARIZONA!” I imagine Sheriff Jo Arpaio is just tickled. Why the hell hasn’t Texas done something like this? Anyway, I don’t see anything about this bill that can be considered unconstitutional since it bases itself on existing federal law. This bill doesn’t go far enough only in that it doesn’t demand a tax refund for the Congressional funds that are supposed to be enforcing immigration policies. The major impact of this bill is that it finally gives authority to local agencies for deporting illegal immigrants rather than having to surrender them to the “catch and release” immigration authority (which is not their fault, BTW. It’s just another example of Congressional pandering for potentially 10.5 million votes).
Waste your money ACLU, waste it away!
***Correction: The bill does not give local authorities the ability to deport. It simply gives authorities the ability to detain and transport suspected illegal immigrants to federal facilities for not being able to provide proof of either identity or legal status. Apparently, this was not previously possible! I do wonder how they will handle the average junkie who may very well be a US citizen, but is too tweaked out to keep his clothes on much less any form of ID. I can see some potential for racial profiling here that will need to be addressed, but what a technicality on an otherwise bold and necessary bill!
Foundersten 