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Posts Tagged Arizona
Alan Keyes: Unconstitutional attack on the state of Arizona
Posted by Jack Sinclair in Law, News on 30/Jul/2010 17:26
Alan Keyes
“Back in April, I wrote a column pointing to the constitutional provision (Article I, Section 10) that recognizes that when one of the United States is “actually invaded,” the state government may act, without federal authorization, to defend itself.
Due to the federal government’s ongoing dereliction, in open and abusive defiance of existing federal law, Arizona and several other states of the Union are the victims of an ongoing invasion, which endangers and damages the lives and livelihood of their inhabitants.
According to the Constitution’s language, when actually invaded, a state may go to war in defense of its citizens. Arizona has undertaken instead to respond to the invasion by directing its police forces to make a special effort to do what the federal government refuses to do – carry out existing federal law.
But even if there were no such federal laws, Arizona has the clear constitutional prerogative to respond to the actual invasion of its territory.”
Old News? Rancher sued by illegal aliens who trespassed on his land
Posted by Jack Sinclair in News on 29/Jul/2010 22:53
"This is my land. I'm the victim here," Mr. Barnett said. "When someone's home and loved ones are in jeopardy and the government seemingly can't do anything about it, I feel justified in taking matters into my own hands. And I always watch my back."
“Roger Barnett owns a 22,000 acre ranch (35 square miles) along the border in southeastern Arizona. The ranch lies from 2 to 5 miles from the Mexican border. In the past 6 1/2 years, Roger Barnett, with only the help of his wife and brother, has apprehended nearly 12,000 illegal aliens on his ranch. Mr. Barnett has testified before Congress on the illegal immigration problem. No action has been taken.
Then he was sued by 16 illegal aliens he found and detained on his property.
Immigration Reform Law Institute (IRLI), February 18, 2009. The jury in Tucson rejected nearly all of the substantive claims brought by MALDEF against the Arizona rancher in 2004. Federal district judge John M. Roll also threw out related conspiracy complaints against Mr. Barnett’s wife Barbara and his brother Donald, and dismissed the claims brought by ten illegal aliens who did not testify in court.”
http://www.desertinvasion.us/invasion_pictures/invasion_barnett.html
Ranching is tough enough without having to deal with thousands of illegal alien trespassers – I bring up this bit of recent history as a reminder: this has been an on-going problem for years and even when the trespassers are not drug cartel killers, it is something that should have been stopped long ago.
Clearly, the Federal Government has not stepped up to the plate, they need to get out of the way of the States if they are not going to help.
South Carolina Town: ordinance would ban illegals from living or working here.
Posted by Jack Sinclair in Law, News on 29/Jul/2010 17:39
“SC town councilor takes on illegals – Far from the front lines in the battle over immigration, a South Carolina town is weighing an ordinance that would effectively ban illegals from living or working there.
Walter Bailey: “I thought it was outrageous when, by default, the State of Arizona has to go in there and do the job the Federal Government ought to be doing, instead of showing appreciation for that, and supporting Arizona, the Federal Government sues them.”
Video here:
Sheriff of Cochise County: “Lame Argument” of the Federal Government is “Ludicrous”
Posted by Jack Sinclair in News on 29/Jul/2010 17:24
Sheriff Larry Dever
“Larry Dever is serving his fourth term as sheriff of Cochise County, which, as a border county, is part of the entry route taken regularly by illegal aliens. He believes this case will be appealed all the way to the Supreme Court.
“Our best chance at a favorable decision is…to solve this once and for all. States have a right to protect themselves,” Dever contends. He adds that “the lame argument in federal government that this law somehow interferes with their ability to enforce immigration law is just ludicrous” because “they’re not getting it done to begin with.”
He further points out that the federal government has “been talking about partnerships and empowerment since September 11 with state and local law enforcement authorities to get the job done. Arizona steps up [and] says, ‘We’re ready to take on our part,’ and they sue us.”
The sheriff assures that while the decision must be appealed, he and other enforcement officers will continue to use the laws and resources available to protect the people they serve.”
Verdict’s In: Arizona Judge Lacks Good Reason
Posted by Jack Sinclair in Opinion on 29/Jul/2010 11:14
By John Lott
Protesters celebrate in Phoenix on Wednesday, hours after portions of Arizona's new immigration law were blocked by a federal judge. (Ross D. Franklin/Associated Press)
“Arizona’s immigration law supposedly “would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.†So asserted Federal District Judge Susan Bolton in her injunction of the new Arizona immigration law on Wednesday.
“Given the large number of people who are technically ‘arrested’ but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification,†Ms. Bolton wrote in her decision.
But this reasoning makes little sense. Anyone — no matter what their accent or looks — who is “technically ‘arrested’” by police is required to show some type of ID. The minor exception is when the arrestee happens to be known to the police already. If unable to provide a basic ID, the police officer has no choice but to detain the individual until identification can be made.
This is very basic. Police can’t issue a ticket, even for a minor speeding offense, without being able to properly identify the person.
Despite the picture painted by Bolton, an immigration check for someone “technically ‘arrested’” imposes no more of a burden than the individual already faces. There are no more documents that are required or additional procedures under Arizona’s immigration law. Any regular ID will do: a driver’s license, a non-operating identification license, valid tribal enrollment card or other form of tribal identification, or “any valid United States federal, state, or local government issued identification.”
Arizona Governor Jan Brewer’s press release of July 28, 2010, about federal district Judge Susan Bolton’s order staying parts of SB 1070, Arizona’s illegal immigration law:
“I am disappointed by Judge Susan Bolton’s ruling enjoining several provisions of “The Support Our Law Enforcement and Safe Neighborhoods Act†— SB 1070; though I am heartened by some
findings – including the ban on sanctuary cities.“This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens. I am deeply grateful for the overwhelming support we have received from across our nation in our efforts to defend against the failures of the federal government.
“I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit.
“For anyone willing to see it — the crisis is as clear as is the federal government’s failure to address it.
“The judge herself noted that the stash houses where smugglers hide immigrants from Mexico before bringing them into the country’s interior have become a fixture on the news in Arizona and that, ‘You can barely go a day without a location being found in Phoenix where there are numerous people being harbored.’â€
“When I signed the bill on April 23rd, I said, SB 1070 – represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix. The law protects all of us, every Arizona citizen and everyone here in our state lawfully. And, it does so while ensuring that the constitutional rights of ALL in Arizona are undiminished – holding fast to the diversity that has made Arizona so great.
“I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona. Meanwhile, I also know we still have work to do in confronting the fear-mongers, those dealing in hate and lies and economic boycotts that seek to do Arizona harm.
“We have already made some progress in waking up Washington. But the question still remains: will Washington do its job, and put an end to the daily operations of smugglers in our nation, or will the delays and sidesteps continue? I believe that the defenders of the rule of law will ultimately succeed with us in our demand for action.â€
Sheriff Joe Arpaio warning: illegal aliens may have gained access to a U.S. Army installation
Posted by Jack Sinclair in News on 29/Jul/2010 11:05
Sheriff Arpaio posted this photo to Twitter with the following caption: "This is a message to smugglers who may think law enforcement is not prepared to encounter them in the desert."
By Chelsea Schilling
“Maricopa County Sheriff Joe Arpaio is warning that illegal aliens may have gained access to a U.S. Army installation in Arizona that also serves as the nation’s largest military intelligence-training center.“I have deep concerns that people who come into our country illegally have managed to gain access onto an active U.S. military installation,” Arpaio said in a statement today. “This cause for concern goes well beyond the argument that people are only committing the crime of wanting to work in this country.”
Arpaio’s detectives raided Valley View Building Services in central Phoenix today, searching for 25 people suspected of identity theft and fraud.”
Anti-Illegal Immigration Group Calls for ‘Safe Passage’ of Illegals Out of U.S.
Posted by Jack Sinclair in News on 28/Jul/2010 21:42
AFP July 27: Mexican immigrant Luis Manuel, 29, walks along the U.S.- Mexico border after being deported from Arizona.
“An anti-illegal immigration group is calling on the Obama administration to ensure a smooth exit for illegal immigrants who are trying to leave the U.S. due to the weak economy and Arizona’s strict new immigration law.
Americans for Legal Immigration PAC (ALIPAC) is urging U.S. citizens to pressure the White House and the Homeland Security Department to establish “safe departure” border checkpoints along the U.S. border for illegal immigrants so they can leave without fear of being detained or prosecuted for immigration crimes.
“The peaceful and gradual exodus of illegals from Arizona shows there is no need for comprehensive immigration reform amnesty,” William Gheen, president of the group, said in a written statement. “Comprehensive immigration enforcement works and has the desired effect without mass deportations.”
Gheen said the safe passage would ensure that illegals “leave in an orderly fashion, instead of trying risky desert crossings, paying money to the cartels for passage south, or fleeing to other states.”
http://www.foxnews.com/politics/2010/07/27/anti-immigrant-group-calls-safe-passage-illegals/
Federal judge blocks key parts of Arizona immigration law SB 1070
Posted by Jack Sinclair in News on 28/Jul/2010 19:29
“A federal judge in Phoenix on Wednesday blocked key provisions of Arizona’s controversial immigration law from taking effect as scheduled Thursday, granting in part an injunction requested by the Obama administration.
U.S. District Judge Susan R. Bolton ruled that the injunction would apply to the portion of the state law that requires police to try to determine the immigration status of a person they arrest, stop or detain while enforcing other laws if they reasonably suspect the person is in the United States illegally.
Bolton said in her 36-page ruling that it was “not in the public interest” for Arizona to enforce provisions that preempt federal enforcement of immigration law.
Also put on hold were parts of the law requiring foreigners to apply for or carry certain documents, making it a state crime for undocumented workers “to solicit, apply for or perform work,” and mandating verification of the immigration status of any arrested person prior to release, the ruling said.”
http://www.washingtonpost.com/wp-dyn/content/article/2010/07/28/AR2010072801794.html
Sheriff Joe Arpaio ready for SB 1070 protests
Posted by Jack Sinclair in Law, News on 28/Jul/2010 11:20
“The sheriff of the most populous county in Arizona [Maricopa County Sheriff Joe Arpaio] says he’s “not going to put up with any civil disobedience” when the state’s new immigration law takes effect.
Arpaio says that if protesters want to block his jail, he’ll put them in it.
The Arizona law, which takes effect Thursday, requires officers enforcing other laws to check a person’s immigration status if they suspect the person is in the country illegally.
He says it’s “a crime to be here illegally and everyone should enforce” the law.
Arizona Woman pulls her registration from Arizona State University in protest of illegal immigrant grads
Posted by Jack Sinclair in News on 28/Jul/2010 11:06
“MESA, AZ – After watching the story of two Arizona State University graduates who admitted they are not U.S. citizens, the Mesa woman [Amber Kunau] says she decided not to enroll at the school.
Kunau said she recently pulled her registration from Arizona State University after seeing the story of two ASU graduates who admitted they were not U.S. citizens and went to Washington, D.C. fighting for the DREAM Act.
The two students, Dulce Matuz and Erika Andiola, spoke to ABC15 Sunday and described how they came to the United States as children, graduated college and hope the DREAM Act passes for a path to citizenship.
“After that story broke I changed my mind and talked to my husband about not attending ASU and he agreed,” said Kunau.
“I think it is really unfair that ASU is knowingly allowing illegal immigrants to attend their school,” said Kunau.
Kunau said the cost of her education at ASU for the psychology program would be around $21,000.
“I believe everyone should have the opportunity for a good education don’t get me wrong on that,” said Kunau. “There are many students that could also use that money that are here legally and I’m pretty sure those girls got some kind of financial aid.”
University spokesperson Julie Newberg released the following statement via email:
“ASU complies with all state and federal laws. Under Arizona law, students must be citizens or legal residents, or have lawful immigration status, in order to qualify for in-state tuition status or financial aid paid from state monies.”
Migrants sell up, flee Arizona ahead of crackdown
Posted by Jack Sinclair in News on 26/Jul/2010 18:35
“Nicaraguan mother Lorena Aguilar hawked a television set and a few clothes on the baking sidewalk outside her west Phoenix apartment block.
“Everyone is selling up the little they have and leaving,” said Villasenor, 31, who is headed for Pennsylvania. “We have no alternative. They have us cornered.”
The two women are among scores of illegal immigrant families across Phoenix hauling the contents of their homes into the yard this weekend as they rush to sell up and get out before the state law takes effect on Thursday.”
“Upholding the Law is not mistreatment.”
Posted by Jack Sinclair in Law, News on 24/Jul/2010 18:55
Within nearly every group in the US there is a range of responses to the issue of illegal immigration. Even groups that place a high value on mercy and compassion have differing views. Here’s the opinion of one evangelical:
“President Obama has said that nations “are not defined by our borders.†This is manifestly false. A definable and defensible border is precisely what defines a nation. Any third-grader looking at a globe can tell you where Mexico ends and the United States begins.
We agree that we should treat legal immigrants with compassion, in line with the time-honored precept found in the Old Testament. “You shall love him (i.e. the sojourner) as yourself†(Leviticus 19:34). I submit that America is doing a better job of embodying this precept than any nation on earth.
We naturalize a million immigrants a year, and grant legal entry to another million or so. We have the most generous, open-hearted, open-handed immigration policy on the planet.
In the last year for which figures are available, the U.S. granted citizenship to 230,000 immigrants from Mexico, more than than the next three countries of origin combined. Our borders and our hearts are hardly closed to Mexicans who are willing to play by the rules and knock on the front door rather than sneaking in through the back.
Leviticus 19:33 adds, “When a stranger sojourns with you in your land, you shall not do him wrong.†Some seem to believe that deporting lawbreakers qualifies as mistreatment.
But upholding the law is not mistreatment. We do no wrong to the shoplifter by holding him accountable for his behavior. In fact, enforcing the law is the way government shows compassion for victims of crime. Compassion is misdirected if it is targeted toward lawbreakers rather than victims.
Where is the compassion for the residents of Arizona who are forced to cope with drug smuggling, drug-related violence, human trafficking, home invasions, kidnappings, and $2.7billion in annual costs imposed on them by illegals for education, welfare, law enforcement and health care?
There’s no way around the fact that my evangelical friends want to reward aliens who break the law. They want to guarantee them access to a pathway to citizenship, no matter how vigorously they try to deny it. They want illegal aliens, as a matter of policy, to have the option of choosing a path that will lead to citizenship if they jump through enough hoops.
We should instead deal with the 12-20 million illegals currently in the country through attrition, by making access to any taxpayer-funded resource – whether education, welfare, or health care – contingent upon proof of legal residency.
Enforcing our immigration policy need not break up families. The president sent spouses and children along when he deported the Russian spies, and we can do the same with every illegal alien. We do not want to separate husbands from wives, or children from parents, so our policy should be to repatriate entire families together to preserve family integrity.
If a member of a family has the legal right to remain in the U.S., he of course should be allowed to exercise that right. But then the family itself would be responsible for dissolving the family unit, not the United States.”
U.S. District Judge: “Why can’t Arizona be as inhospitable as they wish to people who have entered the United States illegally?”
Posted by Jack Sinclair in News on 24/Jul/2010 18:06
U.S. District Judge Susan Bolton
PHOENIX- The judge who will decide whether Arizona’s new immigration law is constitutional hasn’t indicated whether she’ll put the statute on hold before it takes effect next week and had some pointed questions Thursday for challengers at two court hearings.
U.S. District Judge Susan Bolton also went beyond dry legal analysis to point out some of the everyday realities of illegal immigration and how that applies to the new law.
U.S. District Judge Susan Bolton:
“You can barely go a day without a location being found in Phoenix where there are numerous people being harbored.”
“Why can’t Arizona be as inhospitable as they wish to people who have entered the United States illegally?” she asked.Attorney John Bouma, who is defending the law on behalf of Gov. Jan Brewer, said the federal government wants to keep its authority while turning a blind eye to illegal immigrants.
“You can’t catch them if you don’t know about them. They don’t want to know about them,” he said.”
Arizona Backlash?
Posted by Jack Sinclair in News on 17/Jul/2010 11:57
Maria Elena Durazo, Los Angeles County Federation of Labor:
“In discussing the Arizona law, group members passionately recounted how they had been “singled out” by law enforcement, schools, stores and employers because of their skin color. They held a variety of views about immigration issues, but they all strongly viewed Arizona’s law as both an outgrowth of racial profiling and as a policy that would lead to more of it.
The focus groups were followed by a poll of 600 “occasional” L.A. County Latino voters from all political parties. About 92% knew about the Arizona law, and 81% opposed it. And 73% feared that California could pass a similar measure.
… poll respondents worried about the Arizona statue’s intent, with 84% seeing it as being more about racial profiling than about controlling illegal immigration. And they overwhelmingly believed it would have ramifications outside of Arizona, including more racial profiling by law enforcement here in Southern California.
So what effect are these fears likely to have on future elections? After former Gov. Pete Wilson’s 1994 attack on immigrants, Latinos flocked to join unions, and they then went on to vote for pro-union, progressive candidates and measures. The growing strength of the labor movement has made the difference in election after election … making the Latino caucus the largest in the Legislature outside the two parties.
According to the Field Poll, the Latino share of registered voters in California nearly doubled between 1990 and 2005 (from 10% to 19%), and the trend is continuing. If the past response among Latino voters to immigrant-bashing is a model, this year’s Arizona law could prove problematic to Republicans.
California’s gubernatorial contest could ultimately be determined by the state’s growing Latino electorate and by the proven ability of organized labor to turn that vote out on election day.
And Arizona Republicans shouldn’t be overconfident either.
This fall, Arizonans will vote again for a governor, and Brewer hopes to retain the office. But Latino leaders there have a goal of registering and turning out 50,000 more Latinos this fall than voted in the last statewide election.
We intend to help.
Hundreds of California labor activists will begin that effort by traveling to Arizona in a caravan of chartered buses July 29, the day the Arizona statute is set to take effect.
In 1972, when Arizona passed a law preventing farm workers from organizing a union, Cesar Chavez responded with a 25-day fast and campaign against the measure, calling people to rally behind the phrase “Si, se puede!” (“Yes, we can!”). Time after time since then, people have found that yes, they can. And this fall, in both California and Arizona, we will see once again that careful organizing against wrongheaded policies can carry the day.”
Phoenix home invasion goes awry for bad guys
Posted by Jack Sinclair in News on 14/Jul/2010 18:35
“PHOENIX — Phoenix police say a home invasion robbery went awry when one of the suspects startled another and was shot by his partner in crime.
The robbery unfolded Wednesday when three armed men forced their way into a home occupied by a couple and a 2-year-old girl.”
http://www.newsvine.com/_news/2010/07/14/4677852-phoenix-home-invasion-goes-awry-for-bad-guys