Must read message from Arizona LegislatorPosted: 05 May 2010 07:21 AM PDT“I want to explain why SB 1070 is needed”I’m Arizona State Senator Sylvia Allen. I want to explain SB 1070 which I voted for and was just signed by Governor Jan Brewer. Rancher Rob Krentz was murdered by the drug cartel on his ranch a month ago. I participated in a senate hearing two weeks ago on the border violence, here is just some of the highlights from those who testified.The people who live within 60 to 80 miles of the Arizona/Mexico Border have for years been terrorized and have pleaded for help to stop the daily invasion of humans who cross their property . One Rancher testified that 300 to 1200 people a DAY come across his ranch vandalizing his property, stealing his vehicles and property, cutting down his fences, and leaving trash. In the last two years he has found 17 dead bodies and two Koran bibles.Another rancher testified that daily drugs are brought across his ranch in a military operation. A point man with a machine gun goes in front, 1/2 mile behind are the guards fully armed, 1/2 mile behind them are the drugs, behind the drugs 1/2 mile are more guards. These people are violent and they will kill anyone who gets in the way. This was not the only rancher we heard that day that talked about the drug trains.One man told of two illegal’s who came upon his property one shot in the back and the other in the arm by the drug runners who had forced them to carry the drugs and then shot them. Daily they listen to gun fire during the night it is not safe to leave his family alone on the ranch and they can’t leave the ranch for fear of nothing being left when they come back.The border patrol is not on the border. They have set up 60 miles away with check points that do nothing to stop the invasion. They are not allowed to use force in stopping anyone who is entering. They run around chasing them, if they get their hands on them then they can take them back across the border.Federal prisons have over 35% illegal’s and 20% of Arizona prisons are filled with illegal’s. In the last few years 80% of our law enforcement that have been killed or wounded have been by an illegal.The majority of people coming now are people we need to be worried about. The ranchers told us that they have seen a change in the people coming they are not just those who are looking for work and a better life.The Federal Government has refused for years to do anything to help the border states. We have been over run and once they are here we have the burden of funding state services that they use. Education cost have been over a billion dollars. The healthcare cost billions of dollars. Our State is broke, $3.5 billion deficit and we have many serious decisions to make. One is that we do not have the money to care for any who are not here legally. It has to stop. The border can be secured. We have the technology we have the ability to stop this invasion. We must know who is coming and they must come in an organized manner legally so that we can assimilate them into our population and protect the sovereignty of our country. We are a nation of laws. We have a responsibility to protect our citizens and to protect the integrity of our country and the government which we live under.I would give amnesty today to many, but here is the problem, we dare not do this until the Border is secure. It will do no good to forgive them because thousands will come behind them and we will be over run to the point that there will no longer be the United States of America but a North American Union of open borders. I ask you what form of government will we live under? How long will it be before we will be just like Mexico, Canada or any of the other Central American or South American countries? We have already lost our language, everything must be printed in Spanish also. We have already lost our history it is no longer taught in our schools. And we have lost our borders.The leftist media has distorted what SB 1070 will do. It is not going to set up a Nazi Germany. Are you kidding. The ACLU and the leftist courts will do everything to protect those who are here illegally, but it was an effort to try and stop illegal’s from setting up businesses, and employment, and receiving state services and give the ability to local law enforcement when there is probable cause like a traffic stop to determine if they are here legally. Federal law is very clear if you are here on a visa you must have your papers on you at all times. That is the law. In Arizona all you need to show you are a legal citizen is a driver license, MVD identification card, Native American Card, or a Military ID. This is what you need to vote, get a hunting license, etc.. So nothing new has been added to this law. No one is going to be stopped walking down the street etc… The Socialist who are in power in DC are angry because we dare try and do something and that something the Socialist wants us to do is just let them come. They want the “Transformation” to continue.Maybe it is too late to save America. Maybe we are not worthy of freedom anymore. But as an elected official I must try to do what I can to protect our Constitutional Republic. Living in America is not a right just because you can walk across the border. Being an American is a responsibility and it comes by respecting and upholding the Constitution the law of our land which says what you must do to be a citizen of this country. Freedom is not free.Respectfully,Sylvia AllenArizona State SenatorKris Kobach Tells What’s really in SB 1070Posted: 05 May 2010 05:11 AM PDTKOBACH: Arizona acts as Washington dithersAttacks on new immigration law based on mythsBy Kris W. KobachOn April 23, Arizona Gov. Jan Brewer signed into law S.B. 1070, sponsored by state Sen. Russell Pearce. The law makes it a state crime for an alien to commit certain federal immigration violations while in Arizona. However, based on the hyperventilating reaction of the open-borders left, one would think Arizona had constructed a police state.Protesters took to the streets in Arizona displaying Mexican flags, chanting “Si se puede” and carrying signs saying, “Legalize Arizona.”Media hound Al Sharpton declared that he would organize “freedom walkers” to challenge the law. Not wanting to miss a chance to play to his liberal base, even President Obama got into the action. He called the Arizona law “misguided” and said that it threatens to “undermine basic notions of fairness that we cherish as Americans.”Mr. Obama’s reaction was true to form. Just as with the Cambridge, Mass., arrest fiasco last year, he rushed to the microphone without knowing the facts in order to stir up and capitalize on accusations of racial profiling.However, far from inviting racial profiling, the Arizona law actually makes racial profiling less likely. But that doesn’t fit the story the left would like to tell. There are numerous inaccuracies in what critics of the law are saying, the most prominent of which are thefollowing.Myth No. 1: The law requires aliens to carry identification that theyweren’t already required to carry. On the contrary, the law simply penalizes aliens who fail to carry the registration documents that federal law already requires them to keep on their person. These federal crimes (8 United States Code Section 1304(a) or 1306(e)) have been around since 1940. The Arizona law simply adds a layer of state penalty to what already was a crime under federal law.Ironically, the open-borders crowd has for years insisted that we use the term “undocumented” when referring to illegal aliens. Now, when a state takes seriously the documentation requirements of federal law, that crowd becomes apoplectic.As for U.S. citizens, the law does not require them to carry any identification whatsoever. Indeed, the law cannot possibly be applied against U.S. citizens; only an alien can be found guilty under the Arizona statute.Myth No. 2: The law will encourage racial profiling. The terms of the act make clear that such profiling cannot occur. Section 2 provides that a law enforcement official “may not solely consider race, color, or national origin” in making any stops or determining an alien’s immigration status. In addition, all of the normal Fourth Amendment protections against racial profiling still apply.Moreover, the law actually reduces the likelihood of racial profiling by forcing police officers to contact the federal government to verify a person’s immigration status when they suspect a person is an illegalalien.It already was permissible for police officers across the country to make arrests for violations of federal immigration law where reasonable suspicion existed that a violation had occurred. Now,in Arizona, officers will have to make a phone call to Immigration and Customs Enforcement’s (ICE) 24/7 hot line to confirm that any aliens in their custody really are present unlawfully. Officers can no longer proceed based solely on their own assessment of a person’s immigration status. In this way, the Arizona law takes any consideration of race out of the equation – strengthening the protections against racial profiling.Myth No. 3: The law will require Arizona police officers to stop and question people. Here again, critics of the law are failing to read itcarefully. The law only kicks in when a police officer already has made a “lawful contact” with a person, such as stopping him forbreaking another law. The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything he officer would not otherwise do.Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has beenviolated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegalalien. Are critics seriously suggesting that local law enforcement officers should ignore the violations of federal law that they see atthat point?In sum, the law doesn’t make any radical changes. Rather, it is a reasonable step that gives Arizona police officers another tool intheir toolbox when they come into contact with illegal aliens during their normal law enforcement duties. It also prohibits Arizona cities from implementing sanctuary policies that prevent their officers from contacting ICE.Arizona police officers need the tool that S.B. 1070 provides. Arizona is at ground zero with respect to illegal immigration and its criminal consequences. Arizona has witnessed hundreds of violent crimes committed by illegal aliens. Most recently, the brutal murder of rancher Robert Krentz on his own property by a suspected illegal alien shocked all Americans.Phoenix is now the kidnapping capital of North America and the hub of human smuggling into the United States. ThreePhoenix police officers have been shot by illegal aliens since 1999. Arizona is in a state of crisis. No wonder 70 percent of Arizonanssupport S.B. 1070, with rank-and-file police associations voicing their approval as well. Meanwhile, Mr. Obama accuses Arizonans of having racist motivations and declares his intention to push for an amnesty – which would only trigger an even larger flood of illegal immigration.Will Mr. Obama recognize his mistake and hold a beer summit this time to atone for his rash accusations? I’m not holding my breath.Kris W. Kobach is professor of law at the University of Missouri at Kansas City. He was Attorney General John Ashcroft’s chief adviser onimmigration law and border security and was one of the principal drafters of Arizona S.B. 1070.
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