Analysis of Arizona Immigration Bill

ssforronpaul

Member
Joined
Nov 21, 2007
Messages
153
I come to this forum to see more informed debate than falling in line with the mainstream media's spin. Especially after what was done to us in the 2007-2008 presidential primary. I waited to comment on this until I was able to read the law myself, because I have almost zero trust in what the media spews. I feel so sorry for those who did not previously have internet access, as they were limited in their ability to see the truth, instead of the truth through the medias' eyes.

Here is the Arizona bill that was signed into law:

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf

Here is an article discussing portions of the bill including whether a challenge will be successful:

http://www.washingtonexaminer.com/opinion/columns/Byron-York/A-carefully-crafted-immigration-law-in-Arizona-92136104.html

Some excerpts below:

Critics have focused on the term "reasonable suspicion" to suggest that the law would give police the power to pick anyone out of a crowd for any reason and force them to prove they are in the U.S. legally. Some foresee mass civil rights violations targeting Hispanics.

What fewer people have noticed is the phrase "lawful contact," which defines what must be going on before police even think about checking immigration status. "That means the officer is already engaged in some detention of an individual because he's violated some other law," says Kris Kobach, a University of Missouri Kansas City Law School professor who helped draft the measure. "The most likely context where this law would come into play is a traffic stop."

Kobach, a Republican who is now running for Kansas Secretary of State, was the chief adviser to Attorney General John Ashcroft on immigration issues from 2001 to 2003. He has successfully defended Arizona immigration laws in the past. "The bill was drafted in expectation that the open-borders crowd would almost certainly bring a lawsuit," he says. "It's drafted to withstand judicial scrutiny."


ssforronpaul
 
I come to this forum to see more informed debate than falling in line with the mainstream media's spin. Especially after what was done to us in the 2007-2008 presidential primary. I waited to comment on this until I was able to read the law myself, because I have almost zero trust in what the media spews. I feel so sorry for those who did not previously have internet access, as they were limited in their ability to see the truth, instead of the truth through the medias' eyes.

Here is the Arizona bill that was signed into law:

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf

Here is an article discussing portions of the bill including whether a challenge will be successful:

http://www.washingtonexaminer.com/opinion/columns/Byron-York/A-carefully-crafted-immigration-law-in-Arizona-92136104.html

Some excerpts below:

Critics have focused on the term "reasonable suspicion" to suggest that the law would give police the power to pick anyone out of a crowd for any reason and force them to prove they are in the U.S. legally. Some foresee mass civil rights violations targeting Hispanics.

What fewer people have noticed is the phrase "lawful contact," which defines what must be going on before police even think about checking immigration status. "That means the officer is already engaged in some detention of an individual because he's violated some other law," says Kris Kobach, a University of Missouri Kansas City Law School professor who helped draft the measure. "The most likely context where this law would come into play is a traffic stop."

Kobach, a Republican who is now running for Kansas Secretary of State, was the chief adviser to Attorney General John Ashcroft on immigration issues from 2001 to 2003. He has successfully defended Arizona immigration laws in the past. "The bill was drafted in expectation that the open-borders crowd would almost certainly bring a lawsuit," he says. "It's drafted to withstand judicial scrutiny."


ssforronpaul

SB1070 states:

A. In addition to any violation of federal law, a person is guilty of trespassing if the person is both:

1. Present on any public or private land in this state.

2. In violation of 8 United States Code section 1304(e) or 1306(a).

B. In the enforcement of this section, the final determination of an alien's immigration status shall be determined by either:

1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status.

2. A law enforcement officer or agency communicating with the United States immigration and customs enforcement or the United States border protection pursuant to 8 United States Code section 1373(c).

C. A person who is sentenced pursuant to this section is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.

D. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs and an additional assessment in the following amounts:

1. At least five hundred dollars for a first violation.

2. Twice the amount specified in paragraph 1 of this subsection if the person was previously subject to an assessment pursuant to this subsection.

E. A court shall collect the assessments prescribed in subsection D of this section and remit the assessments to the department of public safety, which shall establish a special subaccount for the monies in the account established for the gang and immigration intelligence team enforcement mission appropriation. Monies in the special subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.

F. This section does not apply to a person who maintains authorization from the federal government to remain in the United States.

G. A violation of this section is a class 1 misdemeanor, except that a violation of this section is:

1. A class 3 felony if the person violates this section while in possession of any of the following:

(a) A dangerous drug as defined in section 13-3401.

(b) Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.

(c) A deadly weapon or a dangerous instrument, as defined in section 13-105.

(d) Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.

2. A class 4 felony if the person either:

(a) Is convicted of a second or subsequent violation of this section.

(b) Within sixty months before the violation, has been removed from the United States pursuant to 8 United States Code section 1229a or has accepted a voluntary removal from the United States pursuant to 8 United States Code section 1229c. END_STATUTE

8 United States Code section 1304(e) states:

(e) Personal possession of registration or receipt card; penalties Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

8 United States Code section 1306(a) states:

(a) Willful failure to register
Any alien required to apply for registration and to be
fingerprinted in the United States who willfully fails or refuses
to make such application or to be fingerprinted, and any parent or
legal guardian required to apply for the registration of any alien
who willfully fails or refuses to file application for the
registration of such alien shall be guilty of a misdemeanor and
shall, upon conviction thereof, be fined not to exceed $1,000 or be
imprisoned not more than six months, or both.
 
SENATE BILL 1070
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf


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. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:

1. A VALID ARIZONA DRIVER LICENSE.
2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL IDENTIFICATION.
4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT
ISSUED IDENTIFICATION.​


I don't see a problem here.
 
I wonder if we are going to be able to debate this issue around here or is everyone going to freak out and have heart attacks. could really go either way
 
I wonder if we are going to be able to debate this issue around here or is everyone going to freak out and have heart attacks. could really go either way

Well, I will admit that the open borders crowd does have a point with their slippery-slope arguments. I think we can all cite examples of that. It's also pretty pointless to debate what's going to happen, IMHO.

But somebody had to do something. Even if it isn't perfect, this is a good start.
 
Well, I will admit that the open borders crowd does have a point with their slippery-slope arguments. I think we can all cite examples of that. It's also pretty pointless to debate what's going to happen, IMHO.

But somebody had to do something. Even if it isn't perfect, this is a good start.

The law's been on the books for 50 years.
 
Um, in the previous post it says "valid AZ Driver's license" which one day will be RealID compliant if not already ;)

Mother of God.

Look. we have to secure the borders, and deport the millions of illegals, or we're not going to have a country left... These illegals back candidates who will bring us far more than a "real-ID", they'll bring us Hugo fucking Chavez.
 
The law's been on the books for 50 years.

Yes, but not really enforced. As far as I know, the local police have never had standing orders to verify citizenship or to act on the knowledge that a person was here illegally.
 
Yes, but not really enforced. As far as I know, the local police have never had standing orders to verify citizenship or to act on the knowledge that a person was here illegally.

Some have, like the Maricopa County Sheriff's Department and Sheriff Joe. Now, Arizona has just expanded these common-sense solutions to the entire state.
 
Some have, like the Maricopa County Sheriff's Department and Sheriff Joe. Now, Arizona has just expanded these common-sense solutions to the entire state.

I've supported the law since I first heard about it. Has there always been a penaltyof fjail time for immigration violations?
 
I've supported the law since I first heard about it. Has there always been a penaltyof fjail time for immigration violations?

I don't believe so.

I do know that illegals have virtually no respect for the rule of law, for the police, for the courts, or for our society. They are threats to our society, and to the restoration of limited, constitutional government, and they must be deported, the sooner the better.
 
Sec. 6. Section 13-3883, Arizona Revised Statutes, is amended to read:
40 13-3883. Arrest by officer without warrant
41 A. A peace officer may, without a warrant, MAY arrest a person if he
42 THE OFFICER has probable cause to believe:

43 1. A felony has been committed and probable cause to believe the
44 person to be arrested has committed the felony.
1 2. A misdemeanor has been committed in his THE OFFICER'S presence and
2 probable cause to believe the person to be arrested has committed the
3 offense.
4 3. The person to be arrested has been involved in a traffic accident
5 and violated any criminal section of title 28, and that such violation
6 occurred prior to or immediately following such traffic accident.
7 4. A misdemeanor or a petty offense has been committed and probable
8 cause to believe the person to be arrested has committed the offense. A
9 person arrested under this paragraph is eligible for release under section
10 13-3903.
11 5. THE PERSON TO BE ARRESTED HAS COMMITTED ANY PUBLIC OFFENSE THAT
12 MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

The phrase "lawful contact" is not found here, and does not appear to be the exclusive circumstance under which one can be stopped. You can still be arrested, without warrant, for having probable cause to believe you have committed a removable offense. The most popular removable offense is simply being here illegally.
 
The phrase "lawful contact" is not found here, and does not appear to be the exclusive circumstance under which one can be stopped. You can still be arrested, without warrant, for having probable cause to believe you have committed a removable offense. The most popular removable offense is simply being here illegally.

SO what, there's no problem arresting someone if there is legal ground to deport them.

Illegal imigrants are criminals. They may be petty criminals, but they are criminals nevertheless.

You guys sit far away, cheering while watching the crazy open-border's La Raza guys attack police officers, but those of us who are on the ground understand what is happening here. Our society is under a deliberate demographic assault with the intention of diluting and removing as a vital political force, the classical liberal tendencies and predispositions of a large group of Americans. There are coyotes murdering little kids on I17, and local law enforcement can't do anything about it. Van Buren Blvd is flooded with thousands of illegals, and local law enforcement can't do anything about it.
 
SO what, there's no problem arresting someone if there is legal ground to deport them.

Illegal imigrants are criminals. They may be petty criminals, but they are criminals nevertheless.

You guys sit far away, cheering while watching the crazy open-border's La Raza guys attack police officers, but those of us who are on the ground understand what is happening here. Our society is under a deliberate demographic assault with the intention of diluting and removing as a vital political force, the classical liberal tendencies and predispositions of a large group of Americans. There are coyotes murdering little kids on I17, and local law enforcement can't do anything about it. Van Buren Blvd is flooded with thousands of illegals, and local law enforcement can't do anything about it.

Ok, this is like the 28th time I've had to explain to you that legal citizens are not in fact criminals and should not have their rights violated and this bill will do that.

I will literally say this 100 times if that is what it takes to show people on this forum how dense you are.

Keep it coming.. tell me ALL about how all these people who are going to have their rights violated are illegal aliens, it just makes you look more ignorant every time you say it.

Who else wants to say that these are illegal aliens who will have their rights violated and continue to ignore the fact that we are talking about legal citizens having their rights violated?? Come on, anybody?
 
Last edited:
Back
Top