AZ-No more catch and release of illegal migrants
No more catch and release of illegal migrants
Jun. 25, 2009 12:00 AM
by Russell Pearce
5 comments
A misunderstanding of the relationship between federal, criminal and immigration laws causes some to believe being in the United States in violation of immigration law is a civil issue and not a crime. This is clearly wrong.
The Constitution and Congress have given the enforcement role to local government. Unsanctioned entry into this country is a crime.
Ending sanctuary policies is a popular idea. Scores of elected officials and polling over the past few years have shown about 75 percent of voters support it. There needs to be an end to the practice of catch and release!
My legislation, SB 1175, which is now HB 2280, requires officials and agencies of the state, counties, cities and towns to fully comply with and assist in the enforcement of federal immigration laws and makes trespassing by illegal aliens a crime.
This is a critical bill. It is also a bill that is firmly grounded in our laws and in an extraordinary number of legal decisions at every level of our justice system.
Citizens have a constitutional right to expect the protection of federal laws that prohibit unauthorized activities by non-citizens and are denied equal protection by law enforcement, police departments or magistrates that fail to enforce those laws.
This is the only law we put conditions on before a police officer can enforce it. Illegal immigrants are the only criminals we protect by policies. No other crime or criminal gets this protection by our elected officials.
Studies and reports have cited alarming statistics: Illegal aliens kill 9,000 Americans a year - 25 each day, 12 by stabbings and shootings, 13 by DUI and related crimes; more than 100 sex offenders cross the border daily committing 1 million sex crimes a year.
Phoenix runs second in the world in kidnappings and third in the United States for violence.
Arizona has become the home-invasion, carjacking, identity-theft capital of the nation. These are not statistics Arizona should be famous for.
Enough is enough. The laws must be enforced.
We have good laws. What we don't need is "comprehensive immigration reform," which is a code word for amnesty, pushed by illegal employers, while taxpayers and victims pay the price.
State and local law-enforcement officials have the general power to investigate and arrest violators of U.S. immigration statutes without the prior knowledge or approval of federal officials, as long as state law does not restrict such general power.
No more catch and release! 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 whistle-blower law.
The courts have not identified any policy or humanitarian argument that would negate the fact that aliens are present in the United States in violation of law. The First Amendment does not protect actions that aid illegal aliens to remain in the United States.
I pledge that if we eliminate all sanctuary policies in this state, the result will be less crime and lower taxes. The costs of these crimes are far more than financial to our citizens, and HB 2280 will help make Arizona a safer place.
Sen. Russell Pearce, a Mesa Republican, is chairman of the Appropriations Committee.
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