Thread: AZ: Panel endorses local immigration enforcement bill

June 9, 2009

Panel endorses local immigration enforcement bill



PHOENIX (AP) - A committee of the Arizona Senate has approved a bill that would criminalize the presence of illegal immigrants in the state.

The bill would expand Arizona's trespassing law to let local authorities arrest those who sneak into the country. It also would allow people to sue city officials who limit the full enforcement of federal immigration law.

Proponents say the bill is necessary because local authorities could help lessen border woes in Arizona, the busiest illegal entry point into the United States.

Many local police bosses in Arizona have resisted that push, saying it would detract from their traditional roles in investigating routine crime.

The Senate Appropriations committee approved the bill on an 8-3 vote.

http://www.kvoa.com/global/story.asp?s=10506331

Immigration enforcement bill clears early hurdle
by Jacques Billeaud - Jun. 9, 2009 09:05 PM
Associated Press .
A proposal that would draw local police officers deeper into the fight against illegal immigration cleared its first hurdle Tuesday at the Arizona Legislature.

The bill would criminalize the presence of illegal immigrants in the state by expanding Arizona's trespassing law to let local authorities arrest those who sneak into the country. It also would prohibit cities from restricting the flow of information on a person's immigration status and allow people to sue local officials who limit their police officers' ability to fully enforce federal immigration law.

"The only impediment to enforcing our laws (and) protecting our citizens is the political decisions by local politicians who refuse to protect their citizens," said Republican Rep. Russell Pearce of Mesa, who proposed the bill.
The Senate appropriations committee approved the bill on an 8-3 vote.

Although immigration has long been considered the sole responsibility of the federal government, Pearce and other advocates for tougher border enforcement have said for several years that local authorities could help lessen border woes in Arizona, the busiest illegal entry point into the United States.

Many local police bosses in Arizona have resisted that push, saying it would detract from their traditional roles in investigating thefts, assaults and other crimes and would jeopardize the trust they have built in immigrant communities.

Under the trespassing proposal, a first offense would be a top-tier misdemeanor punishable by up to six months in jail. Subsequent violations would be a felony that would carry a penalty of up to 2 1/2years in prison.

The trespassing bill is similar to proposals vetoed in 2006 by then-Gov. Janet Napolitano. At the time, the Democratic governor said she opposed automatically turning all immigrants who sneaked into the state into criminals.

The bill also aims to prevent cities from discouraging their police officers from inquiring about people's immigration status in cases where the government is determining their eligibility for public benefits or confirming the identity of people who are arrested.

The proposal would let a person file a lawsuit to challenge officials who adopt policies that limit full enforcement of federal immigration law. If a judge decides a city or town is in violation, the court would be required to order the municipality to pay a civil penalty up to $5,000 for each day the policy remains in effect.

Jennifer Allen, director of the Border Action Network, an immigrant rights group based in southern Arizona, said she opposes the bill because it would lead to racial profiling and take away the discretion that local police and politicians have in confronting what they deem priorities in their communities.

Meanwhile, the state House gave final approval Tuesday to a bill that would prohibit cities, towns and counties from having policies intended to prevent the full enforcement of federal immigration law. The proposal, approved on a 38-21 vote, now heads to the Senate for consideration.

Republican state Rep. John Kavanagh of Fountain Hills, a former police officer who voted for the bill, said politicians shouldn't tell any officers to turn their backs on law violators. "The police should be unhandcuffed and be allowed to do their jobs," Kavanagh said.

Democratic Rep. Kyrsten Sinema of Phoenix, an opponent of the proposal, said the standards set by the bill might leave police departments that are making sensible decisions vulnerable to punishments.

"I don't think there's enough flexibility in this bill," Sinema said.

www.azcentral.com

Added to Homepage:
http://www.alipac.us/article-4286--0-0.html

Jennifer Allen, director of the Border Action Network, an immigrant rights group based in southern Arizona, said she opposes the bill because it would lead to racial profiling and take away the discretion that local police and politicians have in confronting what they deem priorities in their communities.

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If all these millions of illegals costing us down the drain aren't high priority, then nothing is.

I hope this passes and sets a National Standard!

Panel advances bill to jail illegal migrants
Ariz. Senate measure would impose state penalties
by Casey Newton - Jun. 10, 2009 12:00 AM

The state Legislature is moving to make federal immigration issues a matter of state law, a change that could mean jail time for illegal immigrants.

Under a bill approved by a committee Tuesday, being in the country illegally - historically considered a federal matter - would become a state misdemeanor. A second offense would be a felony.

That would mean illegal immigrants found in Arizona could be arrested by local police, accused by local prosecutors and be put behind bars, rather than being turned over to U.S. officials for deportation.
On an 8-3 vote, the Senate Appropriations committee recommended Senate Bill 1162 be approved. The bill originated as a measure to renew funds for Maricopa County Sheriff's Office anti-illegal immigration efforts, but an amendment added Tuesday would create the new state trespassing law.

The provisions of the bill fit into an overall strategy long sought by opponents of illegal immigration, who want state penalties for what are now federal crimes.

This, they say, will make it easier for local officials to fight illegal immigration and provide jail time for a crime they say too often goes unpunished.

"We're back to an old-school push to create state crimes," said Sen. Ron Gould, R-Lake Havasu City, who voted for the bill.

The bill drew criticism on two key points: the cost for cities and counties to prosecute and jail illegal immigrants, and a provision that would prohibit government entities from restricting law-enforcement agencies from inquiring about someone's immigration status.

Essentially, that would bar any policies that now discourage officials from asking about the immigration status of a person who has been detained or is applying for state benefits. A city or agency that didn't comply with the new law could be sued in Superior Court.

That line drew fire from Karen Peters, a lobbyist for Phoenix, who called it "micromanagement of police operations."

"To the extent that this statute would impair our ability to manage our department . . . and to protect witnesses and victims of crimes, that continues to be of enormous concern to us," she said. "This really impairs that mission."

A representative of the Arizona League of Cities and Towns said the provision allowing anyone to sue was overbroad and could lead to frivolous lawsuits. Local governments also would bear the cost of the misdemeanor cases.

Mark Spencer, president of the Phoenix Law Enforcement Association, testified in support of the bill. He said it would prevent policies like the one Phoenix had in place until last year, which prevented police in most cases from asking about a person's immigration status.

"Our officers have paid dearly for that policy," he said. "We wouldn't wish that on any other department in the world."

Critics have said the policy was partly responsible for the death of Phoenix Officer Nick Erfle, who was shot and killed by an illegal immigrant in 2007.

Sen. Russell Pearce, R-Mesa, the bill's sponsor, said the establishment of a state crime would give law-enforcement officials a way to hold suspected illegal immigrants while investigating other crimes.

In recent years, efforts to establish state penalties for immigration violations have faltered.

In 2008, Pearce proposed a bill similar to this year's, which would have put the issue before voters if passed. The bill didn't come to a vote.

In 2007, then-Gov. Janet Napolitano vetoed a bill that would have barred people from disrupting traffic while they waited along public roads looking for work.

The legislation would have affected day laborers, many of whom are undocumented immigrants. Critics have said that large gatherings of laborers threaten safety and spill over onto business property and private land.

Napolitano, now the U.S. Secretary of Homeland Security, called the bill "vague, overbroad and discriminatory" in her veto letter.

SB 1162 must pass two more Senate committees before going to the full Senate.

Separately on Tuesday, the state House gave final approval to a measure that would ban so-called sanctuary policies, those intended to prohibit local officials from enforcing immigration laws.

Pearce said language in that bill would make it difficult to enforce and that his bill would have a better chance of eliminating sanctuary policies.



http://www.azcentral.com/news/articles/ ... n0610.html

Originally Posted by Ratbstard

I hope this passes and sets a National Standard!

: I agree 100%. Perhaps other US Citizens will see that this country can be taken back from the greed of Politician Monsters.

I believe CIR is being rushed this year because of court rulings like this.

We must not let it happen this year!

This would be fantastic , we know congress would not pass something like this or we would have the Sensenbrenner bill HR4437 So maybe we can get it done with out them.....

Hey Guys! Comments under the article at this link. Give 'em hell. I'm "Hot under the collar."

http://www.kvoa.com/global/story.asp?s=10506331