SEN. RUSSELL PEARCE: INHERENT AUTHORITY BY STATES TO ENFORCE THE LAW

Written by Guest Opinion on November 02, 2010, 03:39 AM

By Sen. Russell Pearce

"All officers whose duty it is to enforce criminal laws shall have authority to make arrests for a violation of any provision of this section" (affirmed US v Perez-Gonzalez 2002 Fed App 0360, 6th Circ.).

Congress has firmly established that there is a significant public interest in the effective enforcement of immigration law. Congress could have chosen to limit local enforcement pursuant to its plenary power over immigration, but it has not done so.

In the absence of a limitation on local enforcement powers, the states are bound by the Supremacy Clause of the United ‘States Constitution to enforce violations of the federal immigration laws.

Sanctuary policies are illegal. Local, state, or federal government agencies that sanction or retaliate against employees or officials who report immigration law violations to ICE or the Border Patrol can be sued by the whistleblower under 8 U.S.C. 1373 or 8 U.S.C. 1644 for damages and costs.

Citizens have a constitutional right to expect the protection of federal laws which prohibit unauthorized activities by non-citizens are denied equal protection when a police department or magistrate acts in a manner that encourages or assists persons selected on the basis of nationality or alienage to engage in such unlawful activities.

Illegal aliens are not a suspect class entitled to Fourteenth Amendment based strict scrutiny of any discriminatory classification based on that status, nor are they defined by an immutable characteristic, since their status is the product of conscious unlawful action.

"The statutory law of the United States is part of the law of each state just as if it were written into state statutory law." States do not need a 287g, IGA, MOU or a permission slip to arrest illegal aliens. The 287g goes beyond the arrest powers as states already have inherent authority to make arrests, 287g is for post arrest, not anything to do with authority!!!!

Illegal is not a race, it is a crime. SB1070 simply codifies federal law into state law and remove excuses and concerns about states inherent authority to enforce these laws and removes all so called“sanctuary) policies.

Obama and D.C. would have you think that Arizona made illegal, illegal, when actually it was already illegal!

The media and Washington would have you think that it is illegal or unConstitutional to make a law to enforce the law!!

When do we stand up for Americans and the rule of law, if not now? We are a nation of laws, a Constitutional Republic.

Arizona did not make illegal, illegal. Illegal was already illegal. It is a crime to enter or remain in the U.S. in violation of federal law. States have had inherent authority to enforce immigration laws and has failed or refused to do so. Sanctuary policies are illegal under federal law (8 USC 1644 & 1373) yet we have them all over the United States.

Well here in Arizona we are going to enforce our laws, protect our citizens and stand firmly behind the rule of law.

If law enforcement could not stop someone before this law, they cannot stop them now. If you did not have to carry ID before this law, you don't have to carry ID under this new law. We did not expand law enforcement authority or require any "new" requirements or put new conditions on citizens. We simply took the handcuffs off from law enforcement and allow them to enforce our immigration laws, like any other law.

• The new Arizona law mirrors federal law, which already requires aliens (non-citizens) to register and carry their documents with them (8 USC 1304(e) and 8 USC 1306(a)). The new Arizona law simply states that violating federal immigration law is now a state crime as well. Because illegal immigrants are by definition in violation of federal immigration laws, they can now be arrested by local law enforcement in Arizona.

• The law is designed to avoid the legal pitfall of “pre-emption,” which means a state can’t adopt laws that conflict with federal laws. By making what is a federal violation also a state violation, the Arizona law avoids this problem.

• The law only allows police to ask about immigration status in the normal course of “lawful contact” with a person, such as a traffic stop or if they have committed a crime.

• Estimates from the federal government indicate that more than 80 percent of illegal immigrants come from Latin America.12 Thus, there is concern that police may target only Hispanics for enforcement.

• Before asking a person about immigration status, law enforcement officials are required by the law to have “reasonable suspicion” that a person is an illegal immigrant. The concept of “reasonable suspicion” is well established by court rulings. Since Arizona does not issue driver’s licenses to illegal immigrants, having a valid license creates a presumption of legal status. Examples of reasonable suspicion include:

• A driver stopped for a traffic violation has no license, or record of a driver’s license or other form of federal or state identification.

• A police officer observes someone buying fraudulent identity documents or crossing the border illegally.

• A police officer recognizes a gang member back on the street who he knows has been previously deported by the federal government.

• The law specifically states that police, “may not solely consider race, color or national origin” when implementing SB 1070.

• When Arizona’s governor signed the new law, she also issued an executive order requiring the Arizona Peace Officer Standards and Training Board to provide local police with additional training on what does and what does not constitute “reasonable suspicion.”13

Rancher Rob Krentz was murdered by the drug cartel on his ranch a month ago. I held a senate hearing two weeks ago on border violence.
One only had to hear the concerns and pleas from these folks to recognize the monumental failure of government to secure our borders and enforce our laws and the cost to our citizens.

Here are 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 Qur’an bibles.

Another rancher testified that on a daily basis 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. 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% illegals incarcerated, and 20% of Arizona prisons are filled with illegals who have committed felonies. In the last few years, 80% of our law enforcement personnel who have been killed or wounded were done by an illegal alien.

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 overrun and once they are here, Arizonans have the burden of funding state services that they use. Education costs have been over a billion dollars. The healthcare costs for illegal aliens runs into the 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 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.

It will do no good to forgive them because millions more will come behind them, and we will be over run to the point that there will no longer be a United States of America but, a North American Union of open borders. I ask you what form of government we will live under.

How long will it be before we will be just like Mexico? We have already lost our language; everything must be printed in Spanish. We have already lost our history since it is no longer taught in our schools. And we have lost our borders.

The leftist media has distorted what SB 1070 will do. The ACLU, cheap labor advocates 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, such as 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 as 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. The leftists here and in DC are angry because we dare try and do something. They want the "Transformation" to continue.

It is not too late to save America. 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 through respecting and upholding the Constitution, the law of our land which says what you must do to be a citizen of this country or a legal resident.