Saturday, May 1, 2010

Arizona SB 1070

Due to distortions and lack of detail provided by the media, it is necessary to have a better understanding of Arizona SB 1070.

Arizonans have endured many long years of federal neglect of immigration enforcement. Statistics show that half of illegal border crossings now occur in Arizona, and estimates show that state taxpayers spend more than $2 billion a year on education and healthcare for illegal immigrants and their children. Their border with Mexico is virtually a welcome mat for criminal organizations that run drugs and other contraband. Kidnappings in Phoenix are at an all-time high, and the killing last month of rancher Robert Krentz -- police suspect it was by an illegal immigrant -- is a graphic example of the effects that out of control immigration has on ordinary Arizonans. Similar conditions exist in California, New Mexico and Texas.

Faced with this ongoing crisis with little or no help from Washington, Arizona has been forced to respond to protect its residents and its finances. Now the legislature passed and Gov. Jan Brewer signed SB 1070. This law requires all law enforcement officers in Arizona to act on reasonable suspicion that an individual is in the state and country illegally.

As a side note, it has been reported that among the large amount of 'cast off' articles and refuse left along the border, many copies of the Koran have been found. This should be troubling information since most Mexicans are Catholic.


The reaction from supporters for illegal immigrants to SB 1070 -- which, according to opinion polls, is supported by some 70% of Arizonans -- can be described as incendiary and irresponsible, not to mention completely inaccurate. Los Angeles Cardinal Roger Mahony tries to create images of Nazi Germany and Soviet totalitarianism. Reform Immigration for America, a coalition of pro-amnesty groups, warned that "it's racial profiling, and it encapsulates the hatred we are fighting."

SB 1070 is not a mandate for Arizona police to seek out illegal immigrants. It conforms fully with the Constitution's 4th Amendment protections against unreasonable search and seizure. In most instances, Arizona's new law mirrors existing but non-enforced Federal Laws. Under the law, Arizona police are prohibited from racially profiling or stopping anybody merely because of appearance or ethnicity. They may inquire about immigration status only if there is justification for the stop under the Constitution -- such as investigating a possible crime -- and there is reasonable suspicion that the individual is in the U.S. illegally.

And what is reasonable suspicion? It might include the lack of any sort of valid U.S. identification documents that police officers routinely request from anyone who is lawfully stopped. The law specifically states that race, color or ethnicity does not constitute reasonable suspicion of illegal presence in the U.S. SB 1070 does nothing more than require police in Arizona to protect it's citizens and uphold responsibilities abrogated and ignored by the federal government for years.

A ruling by the U.S. 1st Circuit Court of Appeals this year provides firm legal footing for Arizona's law. In Estrada vs. Rhode Island, the court affirmed that the failure of an alien to possess alien registration documents represents probable cause for state or local police to arrest the person for a federal misdemeanor committed in the officer's presence, or detain that person until the individual's status can be verified.

Predictably, those who have consistently opposed all efforts to enforce U.S. immigration laws are resorting to a campaign of lies and distortions to fight implementation of the law. The fact that Congress has avoided enforcing existing immigration laws is pure and simple vote pandering. We are a nation of laws and Congressional indifference is solely to gain latino votes.

SB 1070, plain and simple, will allow police to identify and detain people because of the laws they violate, not because they happen to meet a particular racial or ethnic profile. What it demands is that state law enforcement officers no longer turn a blind eye in situations in which they reasonably suspect that an individual they have encountered is violating U.S. immigration laws.

While violating U.S. immigration laws is, in itself, is a serious crime --- more serious is the enormous financial burden it places on the tax payers of Arizona and the rest of the country. If we, as a nation, allow the protests to succeed or for amnesty to be granted. we will be avoiding our moral obligations to law and order. We will be allowing power to 'mob rule', i.e., anarchy and to those corrupt politicians who strive only for re-election.

Merely another instance where it is time for 'All Americans To Stand Up And Be Counted'.

DE

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