STATE’S HAVE ENHERENT AUTHORITY TO ENFORCE ALL IMMIGRATION LAWS, SECURE OUR BORDER AND IN FACT ARIZONA LAW DEMANDS ENFORCEMENT: FAILURE TO ENFORCE IS MALFEASANCE
Whereas, “Let me be clear about this. Russell Pearce is the most effective legislator on immigration issues in the country….state or federal! For starters, he is the architect of SB 1070—the most effective piece of legislation against illegal immigration ever written and passed. It is so powerful a tool against illegal immigration that Open Borders Obama (attempted to sue) Arizona in federal court to try and block it,” From Team America, Co-Chairs Bay Buchanan, Congressman Tom Tancredo, and
Whereas, SB1070 passed in 2010 and Arizona has fought the ACLU, Chamber of Corruption and other cheap labor and cheap votes organizations all the way to the U.S. Supreme Court where SB1070 was upheld (11 of the 14 sections) and the two most critical 11-1051 sec. 2a and 2b were upheld unanimously and those were the sections that made it clear law enforcement can and must enforce the immigration laws and SB1070 like Employer Sanctions (passed in 2007, HB2779) were found Constitutional and legal and recognized states inherent authority to arrest, hold and release only to ICE, and
Whereas, according to Phoenix Law Enforcement Association; “Since SB1070, Phoenix has experienced a 30-year low crime rate. 600 police vacancies, budget cuts, and old policing strategies didn’t bring about these falling crime rates. SB1070 did. When hard-working rank-and-file Phoenix Police Officers were given access to the tool of SB1070, the deterrence factor this legislation brought about was clearly instrumental in our unprecedented drop in crime. And all of this without a single civil rights, racial profiling, or biased policing complaint. To ignore the positive impact of SB1070 in the City of Phoenix is to ignore the huge elephant in the middle of the room.” Press Release from Phoenix Law Enforcement Association Sept. 2011, and
Whereas, we the citizens of Arizona demand strict enforcement of our immigration laws that protect the citizens, legal residence, protect American jobs, save billions that we spend to educate, medicate and incarcerate illegal aliens, and the lives and maimings of Americans daily, and we recognize the inherent authority of the Sovereign state of Arizona as provided in the U.S. Constitution and the Constitutional right of the people to expect protection from those who break our laws, and
Whereas, Article IV Section 4 of the U.S. Constitution states that, "The United States shall guarantee to every State in this Union a Republican form of Government, and shall protect each of them against invasion," and
Whereas, the states are guaranteed a REPUBLICAN form of government. This means the states are sovereign in their own spheres, and by self-evident logic, have the right to pass any laws deemed necessary to protect their citizens against any form of crime or economic loss. Regardless of any border issues, Arizona’s legislators have the right and the duty, on behalf of their constituents, to protect Arizona and its legal residents, and
Whereas, Supreme Court Justice Scalia made it clear: “Are the sovereign states at the mercy of the federal executive's refusal to enforce the nation's immigration laws?" The answer is clearly “NO”, and "... the Federal Government must live with the inconvenient fact that it is a Union of independent States, who have their own sovereign powers.... the States have the right to protect their borders against foreign nationals, just as they have the right to execute foreign nationals for murder …"
· "Arizona is entitled to have 'its own immigration policy' ¬ including a more rigorous enforcement policy ¬so long as that does not conflict with federal law, "... there is no reason Arizona cannot make it a state crime for ... any illegal alien ... to remain in Arizona.
· "In my view, the State can go further ... and punish them for their unlawful entry and presence in Arizona.
· "The State has the sovereign power to protect its borders more rigorously if it wishes ....
· "But to say, as the Court does, that Arizona contradicts federal law by enforcing applications of [federal law] that the President declines to enforce boggles the mind.
· "What I do fear ¬ and what Arizona and the States that support it fear ¬ is that 'federal policies' of non-enforcement will leave the States helpless before those evil effects of illegal immigration that the Court's opinion dutifully recites in its prologue but leaves unremedied in its disposition.
· His answer: "The delegates to the Grand Convention would have rushed to the exits.
· Scalia exposes the main obstacle the states face in their struggle to contain illegal immigration: "A Federal Government.”
· And he raises the question that needs to be faced by everyone who cares about our freedom: "Are the sovereign States at the mercy of the Federal Executive's refusal to enforce the Nation's immigration laws, the answer is NO?
· Our nation was built on the concept of a balance of power, with We the People under a Constitutional Republic built upon "popular sovereignty," with limited federal power and sovereign states meaning that power rests in individuals and the states respectfully, especially not the federal government other than its limited and enumerated powers given it by the states’ during the Constitutional Convention. We confer certain limited powers on government for the purpose of maintaining an orderly society, not for the purpose of stealing our freedom. The Founders recognized the dangers of an all-powerful, overbearing federal government. They did not leave the states or individual citizens at the mercy of the Executive Branch, and
Whereas, it is clear we have an out of control Washington and some even within our Republican Party, as they insult law abiding citizens with rewards for law breakers. What is our remedy? The States inherent authority to enforce the law, secure our borders, protect our citizens, and
Whereas, perhaps it is a Part of the Constitution itself that our Founding Fathers through “divine” inspiration put into that divinely inspired document, states can and must nullify any action by the feds that are not expressly enumerated powers granted to the federal government. Washington will never fix itself. The states created the federal government and gave them limited and enumerated powers and specifically made it clear it could not go beyond those powers and reserved all others to the states and the people of the states. The Courts and Congress continue to ignore their limitations and the states continue to allow it to happen, and
Whereas, 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, and
Whereas, The State has the inherent authority, and I would argue duty to enforce federal immigration laws. Federal courts have consistently held that the local law enforcement has the authority to investigate and make arrests for violations of federal law, including immigration law. (See Gonzalez v. City of Peoria, 722 F.2d 468 (9th Cir. 1983) and United States v. Santana – Garcia, 264 F.3d 1188 (10th Cir. 2001), and
Whereas, 8 USC Sec. 1324 (Hiring an ILLEGAL) "Any person who knowingly hires/harbors/transports any illegal alien is guilty of a felony punishable by 10 years jail +$2000 fine per illegal alien", and
Whereas, 8 USC Sec. 1325 (ILLEGAL ENTRY) "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.), and
Whereas, 8 USC Sec. 1644 ("No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section," affirmed Southern District Court of NY, US v Rudy Guiliani, and
Whereas, 25 Americans are killed every day at the hands of Illegal aliens who commit 12 murders every day and another 13 each day due to DUI and related crimes. Apparently that is just collateral damage according to the open border crowd and the far left. I am sick and tired of the truth not being told to the public. We are a nation of laws. The anarchist are running wild in the U.S. and hiding under banners of humanitarian labels joined by the cheap labor crowd as the Sellout of America, and
Whereas, not only is it costing us billions of dollars in healthcare, education, criminal justice, in disease, etc. We know that it is hurting America. We know that law abiding citizens are being damaged and hurt and in some cases killed every day. We know that it is "illegal". We must stop this insanity NOW, largest and most violent gangs are made up of illegal aliens, it is time we demand law enforcement to enforce our laws, all of our laws, and
Whereas, illegals are probably responsible for more deaths in the U.S. each year than we lost at Pearl Harbor, or in the Iraq war or in the 9-11 attack on the U.S. and yet where is the outrage of our government? Where are they on this "War on the border?", and
Whereas, “we are a Nation of Laws. We “Our” elected officials, and our appointed officials, must have the courage – the fortitude – to enforce, with compassion but without apology, those laws that protect the integrity of our borders and the rights of our lawful citizens” – Senator Russell Pearce, and
Whereas, looking at the victims is “HORRIFIC”! These crimes should never have happened as none of these illegals should have been here in the first place. We must stop this invasion. We must enforce our laws. We must put America and Americans First, and
Whereas, enough is enough!!! Enforce our laws!! I hope folks understand the damage to America by this invasion of over 3 million plus illegal aliens annually, 5,000 to 10,000 every single day. 1 out of 10 entering illegally already have a felony record, and
Whereas, there is no law or provision that prevents the states from enforcing border security, arresting illegal aliens, or deporting illegal aliens. Do you know that both federal and Arizona laws forbid sanctuary policies? States that have an international border have inherent power to defend their citizens against any threats coming from that border and entering into the state’s sovereign territory? There are no limitations on this power in the Constitution, and Amendments 9 and 10 confirm this, and
Whereas, Constitutionally elected County Sheriffs have the authority and duty that is exceeded by NONE. Within the state’s territory, the Constitutionally-elected Sheriff is the supreme law enforcement authority. (See Anderson on Sheriffs) Federal enforcement cannot supersede or interfere with this Constitution common law power, and
Whereas, illegal aliens are illegally being allowed to receive FREE SCHOOLING, FREE HOUSING, FREE MEDICAL COVERAGE, $3500 EACH YEAR FOR EACH CHILD FOR THE FEDERAL EARNED INCOME CHILD TAX CREDIT, FOOD STAMPS, JOBS THAT AMERICANS USED TO DO, SOCIAL SECURITY BENEFITS, UNCONSTITUTIONAL CITIZENSHIP BY BIRTH TO NON-AMERICANS, SUBSIDIZED HOME MORTGAGES, AMONG OTHERS. ILLEGAL ALIENS ARE IMPORTING SERIOUS HEALTH ISSUES, DRUG TRAFFICKING, GANGS, DISRESPECT FOR AMERICA, AND THEY DEMAND YOU SPEAK THEIR LANGUAGE AND DEMAND YOU TEACH THEM IN THEIR NATIVE LANGUAGE! And
Whereas, the Seven Myths of Illegal Immigration:
Myth #1: State’s need permission from the Feds to enforce immigration laws, the U.S. Constitution guarantees to every state a Republican form or government that means 50 sovereign states, and unless the Constitution prohibits the states from enforcement they can arrest, detain, deport illegal aliens without the feds permission (NO 287g needed, NO permission slip needed). Arizona laws upheld by the Supreme Court, is Arizona’s right to enforce immigration laws, go after businesses that hire illegal aliens, to give illegal aliens welfare, or allow them to receive taxpayer dollars to attend higher ED.
Myth #2: International border security is a federal issue. Where in the Constitution does it prohibit the states from securing the border, it does require the feds to protect the states from invasion, but does not restrict the states from enforcement or border security. In fact the 9thand 10 Amendments guarantee states’ rights.
Myth #3: Illegal aliens take jobs Americans won’t do. Simply not true. What is true they take jobs from Americans and depress wages.
Myth #4: Illegal aliens contribute more to the economy and tax base than they take.
· Barron’s report (in year 2000) $311-350 Billion in unpaid taxes due to the underground workforce.
· A great majority of illegals qualify for the “earned income tax credit (welfare)” and we pay them billions of unearned dollars.
· Public education cost $9500 per child, multiply that time’s 2 to 4 children per family. In Arizona alone we have over 225,000 non-English speakers in our K-12 system.
· Add free and reduced breakfast and lunch, free medical, food stamps, housing subsidies.
· Illegal aliens use social services at 3 to 4 times that of a native born Americans.
Myth 5: Without illegal aliens' farm labor, a head of lettuce would cost you $3. Simply not true. The cost of this invasion is in the hundreds of billions, gangs, crime, deaths and maimings of citizens, etc.
Myth #6: Most illegal aliens come here only to seek work and are law-abiding people.
Los Angeles, as of Jan. 2004:
· 95% of all outstanding warrants for homicide (about 1500) target illegal aliens.
· 66% of all fugitive felony warrants are for illegal aliens.
· Over 1 million sex crime victims due to illegal aliens, based on governments own data.
Over 9,000 Americans killed every year by illegal aliens, 25 each day, 12 by stabbings and shootings and 13 by DUI and related deaths.
Myth #7: Fed’s responsibility to enforce all immigration laws.
Not true, once they illegally cross the border it is the state’s responsibility. Arizona laws apply, including SB1070, making it illegal to catch and release and compelling language to verify citizenship if suspected to be illegal and must notify ICE to take custody (found legal and Constitutional by U.S. Supreme Court)
AZ Legal Workers Act, mandatory e-Verify and suspension of business license if knowingly hire an illegal alien (plus a federal felony). This was found legal and Constitutional by U.S. Supreme Court.
· It is our taxpayers who pay the price
· It is our healthcare system
· It is our education system
· It is our criminal justice system
· It is our neighborhoods
· It is our taxpayers and our citizens, and
Whereas, the 1996 Immigration Control Act made it clear local law enforcement could enforce immigration law. Muehler v Mena: A 9-0 landmark Supreme Court Decision (April 1st) stated the officers didn’t need to have reasonable suspicion. The Court held that asking questions about immigration status was ok and YES you could actually arrest illegal aliens.
· Any decision by law enforcement not to enforce immigration laws is a political decision by politicians and local police chiefs, not a lack of authority,
· A Memo by the U.S. Justice Dept. under Director Ashcroft makes it clear local law enforcement can enforce immigration laws.
· Every Arizonan who watches local television news knows aliens likely kill more people per year than killed at Pearl Harbor, killed in the 9-11 attack on America, those killed in Katrina’s waters.
· By local law enforcement enforcing the immigration laws, and going after employers, and cutting off benefits (free taxpayer stuff), you will see a DOWNSIZING of the illegal alien population,
· Freedom and security are neither cheap nor easy. They are, quite simply, needed to ensure this country remains free and prospers. The alternative is much more costly and dire, and
Whereas, Arizona has the best and strongest laws in the nation on enforcement of those in the country illegally, and beat the left in the liberal court system, where the U.S. Supreme Court even recognized state’s right in upholding state laws and federal law, where it is clear all of these laws upheld by the courts are enforceable by political subdivisions of the state and the state of Arizona, and
Whereas, SB1070 made it clear, no more catch and release and local law enforcement is compelled to enforce our immigration laws: ARS 11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification
Whereas, SB1070, ARS 11-1051 A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.
B. For any lawful contact made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution, (THIS SECTION UPHELD UNANIMOUSLY by the u.s. supreme court), and
Whereas, Arizona’s Legal Workers Act 2007, Chapter 2 – Mandatory use of EVerify, and ARS 23-212 Arizona law that can revoke the business licensed of anyone who knowingly hires and illegal alien, 41-4401. Government procurement; e-verify requirement; definitions
A. After September 30, 2008, a government entity shall not award a contract to any contractor or subcontractor that fails to comply with section 23-214, subsection A. Every government entity shall ensure that every government entity contractor and subcontractor complies with the federal immigration laws and regulations that relate to their employees and section 23-214, subsection A. Every government entity shall require that every government entity contract include all of the following provisions:
1. That each contractor and subcontractor warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with section 23-214, subsection A, and
Whereas, in 1996 mandatory impoundment of vehicle driven by anyone who has never had a driver’s license for 30 days, ARS-Sec. 10. Section 28-3511, says “SHALL” impound if never having had a driver’s license (that is almost all illegal aliens), A peace officer shall cause the removal and either immobilization or impoundment of the vehicle, and
Whereas, it is a Class 3 felony for anyone who commits ID theft to get a job, ARS Chapter 20, 13-2008. A. A person commits taking the identity of another person without the consent of that other person or entity, with the intent to obtain or use the other person's or entity's identity for any unlawful purpose or to cause loss to a person or entity whether or not the person or entity actually suffers any economic loss as a result of the offense, or with the intent to obtain or continue employment, and
Whereas, 1996, it is illegal for anyone not in the U.S. legally to get and Arizona driver license or ID card from MVD, and
Whereas, it is a felony to harbor, transport, hire, or refer for hire anyone illegally in the United States (8 USC 1324), WHEREAS, the law against hiring or harboring illegal aliens (1999) The following is an overview of federal law on hiring and harboring illegal aliens. A person (including a group of persons, business, organization or local government) commits a federal felony when he: they assists an alien whom they should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment, . An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts, Constructive knowledge constituting a violation of federal law has been found where:
· The I-9 employment eligibility form has not been properly completed, including supporting documentation,
· The employer has learned from other individuals, media reports, or any source of information available to the employer, that the alien is unauthorized to work, or
· The employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer’s work force, and
Whereas, it’s illegal to grant instate tuition, grants, scholarships, tax dollars directly or indirectly for illegal alien, including so called DACA, 2006: ARS Chapter 14 – Provisions Relating to Both Community Colleges and Universities. Article 1 – Classification of Students for Tuition Purposes 15-1803. Alien in-state student status (PASSED BY 73% OF VOTERS) (Caution: 1998 Prop. 105 applies so the legislature cannot violate, was upheld unanimously by the Arizona Supreme Court, and
Whereas, it’s illegal to give any welfare benefits to anyone in the U.S. illegally, 2004: ARS 1-502. Eligibility for state or local public benefits; documentation; violation; classification; citizen suits; definition ARS Chapter 5 – Public Programs Article 1-501. Eligibility for federal public benefits; documentation; violation; classification; citizen suits; definition, and
Therefore, the failures of the current policies are so evident and oft-repeated that it is time we demand action, we demand enforcement, and we demand our elected officials keep their Oaths' of Office. “Undocumented Immigrant” is a euphemism that suggests the problem with immigrants is the lack of documentation. ACTUALLY, they are citizenship deficient, in the same way that a residential burglar is key deficient. To call an illegal immigrant an undocumented immigrant is to call a residential burglar an uninvited house guest.
Former President of the Arizona Senate, Chief Deputy of the Maricopa County Sheriff’s Office, and author of landmark legislation like Freedom to Carry Act, SB1070, Arizona’s Legal Workers Act, and English as Arizona’s Official Language.
Z with Royce Flora former Maricopa County Treasurer & Russell Pearce, former State Senator, and Rep