Thread: Governor likely to veto powerful bill passed by AZ Senate

http://www.azstarnet.com/sn/printDS/124385

Published: 04.12.2006

Bill would allow police to arrest illegal immigrants
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX -- State lawmakers voted Wednesday to give state and local police the right to stop, question and arrest people in this country illegally.
The Senate voted 17-12 to say that people who violated federal law by entering this country without permission can be charged and convicted under state law with trespass, whether the person was on public or private property, with or without the permission of the owner. House members followed suit less than an hour later on a 33-27 vote.
But SB 1157 may never become law: Gov. Janet Napolitano hinted broadly she will veto the measure.
"I listed very closely where law enforcement is," the governor said.
To back that point, Napolitano released more than a dozen letters she has received from police agencies and prosecutors around the state urging her to veto the measure.
Pima County Attorney Barbara LaWall said police and prosecutors already are overextended dealing with murderers, rapists, child molestes, "gang-bangers," drunk drivers, auto thieves and drug dealers. "SB 1157 creates a totally unfunded mandate which would unconscionably drain significant resources needed to protect the public safety of this community," she wrote.
Chandler Police Chief Sherry Kiyler complained that illegal immigrants -- and even those who may just appear to be illegal -- might stop cooperating with law enforcement. And Yuma Sheriff Ralph Ogden said he fears federal civil rights lawsuits against his officers.
There also are legal questions of whether the state can use this back-door maneuver to make a state crime out of a violation of federal law. A New Hampshire court blocked several communities in that state which had tried to do the same thing.
But Rep. Eddie Farnsworth, R-Gilbert, said that hardly sets precedent in Arizona. And Rep. Russell Pearce, R-Mesa, said a 1996 federal law specifically envisions "a partnership" with state and local authorities in enforcing immigration laws.
Pearce acknowledged the possibility of a gubernatorial veto but sought to put some pressure on her to sign it -- or face political consequences in this year's reelection campaign.
"She's made some promises about getting serious about the border," he said. Nor was he persuaded by the dearth of visible support for the legislation by law enforcement -- other than Cochise County Sheriff Larry Dever -- saying some police departments may be loath to support such a bill "because they live in this politically correct world."
Anyway, Pearce called that irrelevant.
"That citizen, that person out there we took an oath to protect, they're demanding we do something," he said. "That's who I owe my allegiance to."
The measure would make a first-time offender guilty of a misdemeanor, subject to up to six months in jail. But those who are captured again could end up serving up to a year in state prison.
Sen. Marsha Arzberger, R-Willcox, whose district encompasses three fourths of the state's approximately 370 mile border with Mexico, said the legislation actually will harm communities in southern Arizona.
"Local law enforcement is already underfunded and understaffed," she said. "Telling them to now enforce immigration law would overwhelm the resources of our police department, leaving the citizenry without police support."
Rep. Jennifer Burns, R-Tucson, said she feared the measure would lead to federal court lawsuits against police who would be accused of racial profiling when they appear to be singling out people with brown skin.
And Sen. Bill Brotherton, D-Phoenix, chided colleagues for going after people who come here in search of work but so far failing to enact any sort of sanctions against the companies that entice them here.
Rep. John Allen, R-Scottsdale, brushed aside that argument as irrelevant.
"That's like saying because I live in a nice neighborhood and when I open my curtains at night you can see in (that) I have nice stuff that somehow I've invited somebody to rob me," he said.
Pearce said he expects police to use this new power on a case-by-case basis, making arrests only when they stop someone for another reason and learn they are not in this country legally. And even in those cases Pearce said police may use the power solely to transport the person to federal immigration officials.
"I do not envision large roundups," he said.
Rep. Mark Anderson, R-Mesa, said the question of whether the law actually is enforceable remains to be decided.
He noted that one version of immigration reform being debated in Congress would actually make illegal immigrants guilty of a federal felony. Anderson said Arizona probably will have to follow whatever is decided in Washington.
"But personally the reason I'm supporting this is because I believe this continues to send an important message to Congress that we want something done about this, about the border, about the security of the border," he said.

Excuses, excuses...

These folks are full of it when they say this stuff. Commit a crime right under their noses and they put blinders on and give an excuse of being too busy. Where's the bucket?

Pima County Attorney Barbara LaWall said police and prosecutors already are overextended dealing with murderers, rapists, child molestes, "gang-bangers," drunk drivers, auto thieves and drug dealers. "SB 1157 creates a totally unfunded mandate which would unconscionably drain significant resources needed to protect the public safety of this community," she wrote.
Chandler Police Chief Sherry Kiyler complained that illegal immigrants -- and even those who may just appear to be illegal -- might stop cooperating with law enforcement. And Yuma Sheriff Ralph Ogden said he fears federal civil rights lawsuits against his officers.
There also are legal questions of whether the state can use this back-door maneuver to make a state crime out of a violation of federal law. A New Hampshire court blocked several communities in that state which had tried to do the same thing.

someone needs to churn the action in AZ up hardcore. It's time to get the governor to realize that he NEEDS to sign this bill.

Is she not a Democrat? Didn't she declare her state a disaster area or something because of the illegals?

Just like Bill Owens of Colorado, an R, they say they oppose illegals but by God come time to act and they all point to Washington.

Heck it is Easter week and just like Pontius Pilate washed his hands away from the responsibility of the crucifixation of Christ the locals politicians do the same by washing their hands off on Washington where W does nothing.

Remember in November Arizonians, vote for Goldwater.

http://www.goldwater4governor.org/

Originally Posted by dragons5

someone needs to churn the action in AZ up hardcore. It's time to get the governor to realize that he NEEDS to sign this bill.

I have been calling and emailing Governor Napolitano in a regular basis; I thanked her for putting troops in the border and I let her have it regarding guest worker/amnesty and I am not planning on quitting.