Posted on 04/29/2010 6:47:23 AM PDT by Palmetto Patriot
The new state law making illegal immigration a state crime is badly drafted, poorly thought out and goes too far. It shouldn't have been enacted.
However, the hyperbolic reaction to the law is actually much worse than the law itself. The most despicable and irresponsible reaction came from Phoenix Mayor Phil Gordon.
According to a column Gordon wrote for the Washington Post (republished in Monday's Arizona Republic), the new law "requires" the Phoenix Police Department to profile "people with brown skin . . . based on stereotypes and insufficient information."
The only way the law will have that effect is if the Phoenix Police Department decides to violate rather than implement its provisions.
The law adopts by reference two provisions of federal law making failure to complete or carry an alien registration document a federal misdemeanor. The new law makes them state misdemeanors as well.
However, as an example of its poor draftsmanship, the law then nullifies the state misdemeanor for failing to carry a registration document by declaring that it doesn't apply to "a person who maintains authorization from the federal government to remain in the United States."
So, that leaves being in the country illegally as a new state offense.
...snip...
The mandatory nature of the follow-up is where the law goes too far. It in essence prioritizes illegal immigration over other claims on the time and attention of local law enforcement , rather than leaving that to the judgment of the beat cop based upon real-time circumstances.
However, the law is carefully sculpted to remain well within the limits the Supreme Court has established to ensure that investigative stops and inquiries don't exceed the boundaries of the Fourth Amendment. Contrary to Gordon, it is not permission, much less a mandate, to conduct ethnically-based fishing expeditions.
(Excerpt) Read more at realclearpolitics.com ...
The author opposes the law, but concedes its constitutionality.
...there’s nothing wrong with the law...and when the wets hold violent demonstrations American will see exactly why the law was necessary.
The reaction is ridiculous.
I was tickled about 5 minutes ago watching that stupid idiot on CNN talk to the mayor of Phoenix. She said well the law was signed and you hate it, how does that make you feel?? Really, we hated the health bill by 60+% but we didnt get that so sorry mentality. What a bunch of dumbasses.
Limbaugh came up with a great idea on this yesterday.
Arizona’s Governor needs to make a televised address, and start out with a good travel guide to every sanctuary city in the Country, starting with Sodom on the Bay (San Francisco) and Baghdad on the Bay (Berkeley). Show the Arizona illegals how great things would be for them there, and close the speech by offering any illegal alien in Arizona a one-way ticket to the sanctuary city of their choice.
Sounds like a great idea to me, and could be easily duplicated by other Governors with a similar problem...
“The new state law making illegal immigration a state crime is badly drafted, poorly thought out and goes too far. It shouldn’t have been enacted.”
Well, they DID use a Federal Law to base it on...
The law won’t go into effect until this summer but it is already working.
Mexico is telling its citizens to avoid Arizona!
The mandatory nature was unfortunately necessary because too many local politicians and law enforcement officers do not believe that immigration laws should not be enforced. Without it the Phoenix (and other cities') mayor would just tell his chief of police to ignore the law. Now they have to fight it in court. I expect that there is similar wording in various civil rights laws for force local police to enforce them rather than just ignoring them.
The governor .. and not only the Arizona governor but all of the border governors .. should put the pressure on their Senators and Reps to introduce a bill in Congress that replaces all of our immigration laws with an identical reproduction of the Mexican immigration laws.
Can you imagine the caterwauling and gnashing of teeth of the liberals if we matched our treatment of illegals with those that the Mexican government inflicts on their illegals.
The Dems race baiting on this issue is despicable. This is the stuff of 3rd world war-lords who seek to gain the approval of one group by convincing them that another group is there oppressor. Like the Palestinians being taught Jews are their enemies, or Al Queda blaming the US for all the ills of failed Arab States.
In truth, there is little or no hostility between Mexican immigrants and Americans - but Barack and crew won’t stop until they create hostility. The Arizona law is a reasonable rational reaction to a lawless Mexican State; who’s crime has crept across the border into Arizona. Most Mexicans know this.
While they sympathize with friends and relatives trapped in the hopelessly failed Mexico - they know that they don’t want Mexican lawlessness either. The voices we hear aren’t genuine Mexican immigrants - they’re lib race baitors.
The Dems worst fear is - this law will work well. Simple enforcement of existing immigration law may negate the need for their beloved “Comprehensive Immigration Reform.” I blabbed about this more extensively at:
Bingo. I would like to see such an influx of illegals into the neighboring states and also back to Mexico for the sole purpose of having the law work well.
Wow, he has a TON of faith in the Phoenix PD!!
Sounds like you're trying to be fair, so let's be. There's plenty of Politicians -not just Dems- that condemn this for the reasons you state. The number one demand was to enforce the laws we already have. This does exactly that.
If the law is word for word the same as the Federal law- perhaps this writer could explain to me the problem?
Where does this writer live?
Can I guess he did NOT attend the funeral of Robert Krentz???
Can I guess he doesn’t know the first thing about ranching?
Can I guess he doesn’t know the first thing about the drugs coming over the Ariz border?
What security controlled environment does he live in with doormen, etc??
Get a couple of brain cells, sir, and rub them together to see that there are severe problems in the states on the southern border.
Ping!
I'm clearly inadequate between the ears: I read this to say that if a person otherwise detained is found not to have registration papers but to have authorization from the Federal government to be on US territory, then it's okay. How is this contradictory or self-nullifying? I'm reading this to say H-1B visas (to give one well-known example of Federal authorization which does not constitute 'papers') are still okay to justify legal presence here.
Somebody with more brains (or more patience) help?
bfl
Wailing and gnashing indeed. Snippets from their laws:
-Foreigners are admitted “according to their possibilities of contributing to national progress.” (Article 32)
-Immigration officials must “ensure” that “immigrants will be useful elements for the country and that they have the necessary funds for their “sustenance” and for their dependents. (Article 34)
-Foreigners may be barred from this country if their presence upsets “the equilibrium of the national demographics,” [RACIST! (cough)] when foreigners are deemed detrimental to “economic or national interests,” when they do not behave like good citizens in their own country, when they have broken laws, and when “they are not found to be physically or mentally healthy.” [That bars most of our politicians] (Article 37)
-The Secretary of Governance may “suspend or prohibit the admission of foreigners when he determines it to be in the national interest.” (Article 38) Authorities must keep track of every single person in the country:
- Federal, local and municipal police must cooperate with federal immigration authorities upon request, i.e., to assist in the arrests of illegal immigrants. (Article 73)
- A National Population Registry keeps track of “every single individual who comprises the population of the country,” and verifies each individual’s identity. (Articles 85 and 86)
-A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91). Foreigners with fake papers, or who enter the country under false pretenses, may be imprisoned:
-Foreigners with fake immigration papers may be fined or imprisoned. (Article 116)
-Foreigners who sign government documents “with a signature that is false or different from that which he normally uses” are subject to fine and imprisonment. (Article 116) Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons:
-Foreigners who fail to obey a deportation order are to be punished. (Article 117) Foreigners who are deported from this country and attempt to re-enter the country without authorization can be imprisoned for up to 10 years. (Article 118)
-Foreigners who violate the terms of their visa may be sentenced to up to six years in prison (Articles 119, 120 and 121). Foreigners who misrepresent the terms of their visa while in this country — such as working with out a permit — can also be imprisoned. Under our country’s law, illegal immigration is a felony. The General Law on Population says:
-A penalty of up to two years in prison and a fine of three hundred to five thousand will be imposed on the foreigner who enters the country illegally.” (Article 123)
-Foreigners with legal immigration problems may be deported from this country instead of being imprisoned. (Article 125)
-Foreigners who “attempt against national sovereignty or security” will be deported. (Article 126) Citizens of this country who help illegal aliens enter the country are themselves considered criminals under the law:
-A citizen of this country who marries a foreigner with the sole objective of helping the foreigner live in the country is subject to up to five years in prison. (Article 127)
-Shipping and airline companies that bring undocumented foreigners into this country will be fined. (Article 132)
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