One of the enumerated duties of congress is to “repel invasions” (The Constitution of the United States, Article I, Section 8.)  Does anyone doubt that we are being invaded from Mexico? Since the U.S. government refuses to perform it’s mandated function, yet involves itself in all areas where it shouldn’t, Arizona has taken a modest step towards it’s own self-defense.  The result is Arizona Senate Bill (SB) 1070.  The version I read is 18 pages long, and mostly restates Federal Law. So President Obama via Eric Holder is taking the State of Arizona to court for the offense of enforcing Federal Law. I have summarized the provisions of SB 1070 page-by-page below:

PAGE 1
16         A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20         B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW
21 ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW
22 ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF
23 THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO
24 IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE
25 MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON,
This is the famous section that has created the charge of “racial profiling.” Critics protest that the only way a “law enforcement official can determine if someone is here illegally is from skin color, or speaking in Spanish. “How is Law Enforcement going to know without profiling?” they say.  The answer is easy, through these types of indications:
·        The person can not produce identification.
·        While driving, cannot produce registration or proof of insurance.
·        Gives evasive answers.
·        Inability to speak English.
          I ask:  which of those elements are racial in nature?  Also, when was the last time you were involved in a traffic stop and the officer did not ask for identification? Further, the law stipulates:
30 A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR COUNTY,
31 CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY
32 CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF
33 THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR THE
34 ARIZONA CONSTITUTION.
Ø      Providing common forms of identification is proof that the person is a legal resident.
PAGE 2        
Ø      The law requires that illegal aliens will be referred to Customs and Border protection;
Ø      Judicial authorization must be obtained prior to transporting out of state; 
Ø      State agencies may receive and maintain information about illegal aliens;
Ø      Agencies may determine eligibility for benefits and residency;
Ø      Legal residents may bring suit against government entities that do not enforce Federal Law;
Ø      Fines may be imposed against government entities that ignore Federal Law.
PAGE 3
Ø      Court costs may be imposed to reimbursed plaintiffs; 
Ø      Except in cases of acting in bad faith, Law Enforcement officials are indemnified.
16         K. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
17 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
18 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
19 CITIZENS
Ø      Failure to carry required documents is a violation of Federal Law, and may be ascertained by “a Law Enforcement officer who is authorized by the Federal Government to verify or ascertain an alien’s immigration status”.
Ø      Costs are rendered against the illegal aliens. 
PAGE 4        
Ø      Records about immigration status is admissible in court; 
Ø      Violations of immigration law range from a Class 1 misdemeanor up to a Class 4 Felony depending on circumstances (drugs,  weapons);
Ø      Human smuggling and threats against aliens are penalized.
PAGE 5
Ø      Terms and words used in the statute defined;
Ø      Soliciting work, or picking up day-workers is prohibited on public roadways [regardless of immigration status,] if the motor vehicle blocks or impedes the normal flow of traffic;
Ø       “Unauthorized aliens” can not lawfully work or solicit.
PAGE 6        
Ø      In regards to illegal aliens, a person may not “harbor or conceal them, induce them to cross into the state, or transport them;
Ø      Violation causes the mandatory impounding of the vehicle;
Ø      A peace officer may arrest someone upon probable cause.
PAGE 7
Ø      The person to be arrested has committed a crime, or can be reasonably suspected of being involved in criminal activity;
Ø      Persons may be detained after traffic violation or accidents until investigations are complete;
Ø      Employers “shall not knowingly employ an unauthorized alien;”
Ø      The Attorney General shall prosecute violations.
PAGE 8        
Ø      Penalties for work center violations are detailed.
PAGES 9, 10          
Ø      Sanctions against employers are detailed.
PAGES 11-14
Ø      Entrapment is a defense and is defined;
Ø      Employers “shall not intentionally employ an unauthorized alien;”
Ø      Employer violations and penalties from pages 8 – 10 repeated.
PAGE 15
Ø      Employers required to use e-verify, and records kept for at least three years;
Ø      Sanctions against businesses in violation while receiving economic incentives;
Ø      Vehicles may be impounded under the following conditions:
PAGE 16
o       no valid driver’s license;
o       no mandated ignition interlock installed;
o       transporting an illegal alien “and in violation of a criminal offense.”
o       concealing an illegal alien in a vehicle;
o       in violation of applicable licensing, insurance, or driving laws;
o       involved in serious accident.
Ø      If the spouse is present, that person may take control of the vehicle if:
PAGE 17
o       the spouse is licensed;
o       there is no evidence of drugs or alcohol;
o       is over 21 years old;
o       the spouse certifies he/she will drive directly home or to a designated location.
Ø      “Gang and immigration intelligence team enforcement mission” fund is established;
Ø      Provisions in the act are separable [enforceable] from the whole;
Ø      This act must be implemented in a manner consistent with Federal Law.
PAGE 18     
1          D.  Nothing in this act shall implement or shall be construed or
2 interpreted to implement or establish the REAL ID act of 2005 (P.L. 109-13,
3 division B;  119 Stat. 302) including the use of a radio frequency
4 identification chip.
5          Sec. 13. Short title
6          This act may be cited as the “Support Our Law Enforcement and Safe
Neighborhoods Act”.
           
        My view on immigration is that we should welcome those who wish to become Americans and those who disavow allegiances to a former homeland.  If our Constitution and way of live is not acceptable to others, there are plenty of other countries that can satisfy their lifestyle. I believe America is more than a place to make money; it is an ideal of Liberty, stability and equal treatment under the law. I hope we will not sacrifice this country on the alter of “Diversity”.


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