ARIZONA SB1070.
(SHOCK) They’re doing WHAT?!
First of all, the State of California has been reviewing the immigration status of all detainees for some time now. Immigration and Customs Enforcement (ICE) is continuously at the prisons retrieving illegal aliens and returning them from wenst they came. This program has been so effective the prison population has dramatically dropped to the point where they no longer have to serve meals in shifts!
Let’s take a look at this questionable proposed law. The following is the actual text of the law (find it HERE) followed with my personal interpretation (in parentheses) as a reasonable citizen of the United States of America.
ARIZONA
SB 1070
AMENDMENTS
ARTICLE 8 – ENFORCEMENT OF IMMIGRATION LAWS
11-1051 – Cooperation and assistance in enforcement of immigration laws; indemnification.
- NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT
OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL
LAW - FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS
STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS 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. THE PERSON’S IMMIGRATION STATUS SHALL
BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION
1373(c). - IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS CONVICTED
OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM OR ASSESSMENT OF ANY
FINE THAT IS IMPOSED, THE ALIEN SHALL BE TRANSFERRED IMMEDIATELY TO THE CUSTODY
OF THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES
CUSTOMS AND BORDER PROTECTION. - NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY SECURELY TRANSPORT
AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES WHO IS IN THE AGENCY’S
CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER
INTO FEDERAL CUSTODY THAT IS OUTSIDE THE OF THE LAW ENFORCEMENT AGENCY. - A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE
OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC
OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES. - EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS STATE AND
COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT
BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING, RECEIVING OR MAINTAINING
INFORMATION RELATING TO THE IMMIGRATION STATUS OF ANY INDIVIDUAL OR EXCHANGING
THAT INFORMATION WITH ANY OTHER FEDERAL, STATE LOCAL GOVERNMENTAL ENTITY FOR
THE FOLLOWING OFFICIAL PURPOSES:- BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS STATE.
- VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF OR DOMICILE
IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL ISSUED PURSUANT TO A
CIVIL OR CRIMINAL PROCEEDING IN THIS STATE. - CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
- IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN COMPLIANCE
WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER 7 OF THE
FEDERAL IMMIGRATION AND NATIONALITY ACT.
(Except as provided by the same laws that govern EVERYONE ELSE information
regarding the immigration status of individuals may be exchanged or maintained
by counties, cities, towns, etc of the state for- Verification with the Local, State, or Federal authorities
- Verifying a claim of residency is required due to a civil or criminal proceeding
- Confirming identity
- Verifying proper registration as an alien under the Federal Immigration and
Nationality Act (a Federal law).)
- A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY OR AGENCY
OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT
OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL
LAW. IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED THIS SECTION,
THE COURT SHALL ORDER ANY OF THE FOLLOWING:- THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND ATTORNEY
FEES. - THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND DOLLARS
AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY HAS REMAINED
IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS SUBSECTION.
(You can sue any agency of the state or any sub entity therein if they try to
limit the enforcement of Federal immigration laws.) - THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND ATTORNEY
- A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G AND REMIT
THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN THE GANG
AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND BY SECTION 41-1724. - A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT AGENCY AGAINST
REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, INCURRED BY THE OFFICER
IN CONNECTION WITH ANY ACTION, SUIT OR PROCEEDING BROUGHT PURSUANT TO THIS SECTION
TO WHICH THE OFFICER MAY BE A PARTY BY REASON OF THE OFFICER BEING OR HAVING
BEEN A MEMBER OF THE LAW ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN
WHICH THE OFFICER IS ADJUDGED TO HAVE ACTED IN BAD FAITH. - THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH FEDERAL LAWS
REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL PERSONS AND RESPECTING
THE PRIVILEGES AND IMMUNITIES OF UNITED STATES CITIZENS.
(NO SANCTUARY CITIES)
(FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY…
– If you are in violation of any traffic, civil, or federal code and a
law enforcement agency becomes involved)
(WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY
PRESENT IN THE UNITED STATES – If you don’t speak English, that’s
pretty reasonable suspicion)
(A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION
STATUS OF THE PERSON. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH
THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). –
They will contact Immigration and Customs Enforcement (I.C.E) to verify immigration
status. Regarding REASONABLE…
US Code Title 8, Chapter 12, SubChapter IX, para. 13, sec. 1373(c):
Obligation to respond to inquiries
The Immigration and Naturalization Service shall respond to an inquiry by a
Federal, State, or local government agency, seeking to verify or ascertain the
citizenship or immigration status of any individual within the jurisdiction
of the agency for any purpose authorized by law, by providing the requested
verification or status information.)
(If you break the law and are here illegally, you WILL be turned over to IMMIGRATION
AND CUSTOMS ENFORCEMENT or CUSTOMS AND BORDER PROTECTION)
(Despite any other laws on the books, if you are an illegal alien (already
in custody) you can be turned over to Federal custody.)
(If you commit a public offense you can be arrested without warrant…JUST
LIKE EVERYONE ELSE)
(A law enforcement officer will not be held financially accountable for any
action brought against them and their agency as a result of this law UNLESS
it is determined they intentionally violated the law)
(NO PROFILING)
The law goes on, further, to state you are trespassing if you are…
- Present on any public or private land
AND
- in violation of 8 UNITED STATES CODE SECTION 1304(e) [Personal possession of a registration card or receipt card] or 1306(a) [Willful failure to register]
and the final determination of an alien’s immigration status will be determined by a law enforcement officer authorized by, or communicating with ICE or the Border Protection (per 8 UNITED STATES CODE SECTION 1373(c) [explained above]).
This does NOT apply to “…A PERSON WHO MAINTAINS AUTHORIZATION 26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.”
Additionally…
It is UNLAWFUL to stop “…ON A STREET, ROAD, OR HIGHWAY…” to hire a worker or pick up passengers if the vehicle “…BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC…”. It is UNLAWFUL to ENTER a vehicle under the same circumstances.
It is UNLAWFUL for an UNAUTHORIZED ALIEN to “…KNOWINGLY APPLY FOR WORK, SOLICIT WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR…”
…and…
It is UNLAWFUL to
“…TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE…” an alien if the person “…KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN…” is here illegally.
“…CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD AN ALIEN FROM DETECTION IN ANY PLACE…” if the person “…KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN…” is here illegally.
Employers must “e-verify” employees and keep such records “…FOR THE DURATION OF THE EMPLOYEE’S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.”
This law also defines how an employer must prove entrapment.
—————————————————————————————————
Now, with this knowledge provided to you, tell me how ANY of this is illegal and/or in violation of federal laws.
What about these current “Sanctuary Cities“?
They are DEFINITELY in DIRECT violation of Federal Laws.
Why aren’t the Attorneys General filing lawsuits against these cities?!
You can agree with me or just play this off as the
.
Comments please.