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  1. #11
    Senior Member ICEstorm's Avatar
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    Quote Originally Posted by jamesw62
    sheriff joe will use his own buses and take them to the border himself and give them to border patrol
    There is a problem with this. If the alien is encountered within the interior of Arizona farther than 75 miles from the border, then it falls under ICE's jurisdiction and legally Border Patrol does not have jurisdiction. The locals in Arizona can transport the illegals to Border Patrol, but BP cannot get rid of them unless the aliens voluntarily agree to leave without contesting their case. If the alien decides he wants to contest his Immigration case before an Immigration judge, then Boder Patrol must contact ICE and turn the alien over to ICE since ICE has exclusive jurisdiction over aliens who are contesting their cases.

    When Border Patrol encounters illegals at or near the border, they can do what is known as an Expedited Removal, which means they can return the illegals to Mexico without affording them the right to a hearing. Even then, however, they can claim Political Asylum and be allowed to remain in the country while their Asylum claim is pending.

    When aliens are encountered more than 75 miles from the border, their rights increase 100%, and cannot just be removed without due process and a Judicial Court order.

    Many people have a misconception that you can pick up an illegal anywhere and then drive him across the border. It is not that simple. They have the right to a hearing before an Immigration Judge and only a judge can order them to be deported at that point. Even after the judge orders them deported, just like the Criminal Justice system, they have the right to file appeals of that order all the way up to the Supreme Court(Yes this has happened before).

    The million dollar question is this:

    If an illegal gets arrested under state law for being illegal in Arizona, and then ICE refuses to take him after Arizona is done with that illegal, then ultimately Arizona will be forced to release that alien back to the street. If this occurs, does he then become a repeat offender of the Arizona law, since he remained in the state after being convicted of illegal presence under state law?

  2. #12
    Senior Member tinybobidaho's Avatar
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    IceStorm wrote:

    If an illegal gets arrested under state law for being illegal in Arizona, and then ICE refuses to take him after Arizona is done with that illegal, then ultimately Arizona will be forced to release that alien back to the street. If this occurs, does he then become a repeat offender of the Arizona law, since he remained in the state after being convicted of illegal presence under state law?
    Arizona just wants them out of their state. They can throw them back across any state border. Then the deal should be, if they come back, the next time they get 10 years in the slammer. Same thing if they drop them off at the border.
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  3. #13
    Administrator Jean's Avatar
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    ICE chief criticizes Arizona immigration law

    48 comments
    by Oscar Avila - May. 19, 2010 01:41 PM
    Chicago Tribune

    CHICAGO - Arizona's new law targeting illegal immigration is not "good government," a top Department of Homeland Security official said in Chicago on Wednesday.

    John Morton, who heads U.S. Immigration and Customs Enforcement, said his agency will not necessarily process illegal immigrants referred to them by Arizona officials. The best way to reduce illegal immigration is through a comprehensive federal approach, not a patchwork of state laws, he said.

    "I don't think the Arizona law, or laws like it, are the solution," Morton said during a visit to the Chicago Tribune editorial board.

    While Americans frustrated over illegal immigration urge the Obama administration to do more, officials also have been criticized by Latino activists over the increase in immigrants deported back to their home countries. Despite the outcry, Morton said his agency intended to step up enforcement in places like Illinois.

    A former federal prosecutor, Morton said his agency intends to expand the Secure Communities initiative, which gives local sheriff's departments and police access to a Homeland Security database that includes fingerprints. The initiative recently grew to include most of Chicago's suburbs.

    Morton also said the agency intends to increase scrutiny of employers who knowingly hire illegal immigrants.

    "If we're going to bring about meaningful changes in behavior, you have to do that by focusing on the employer," he said.

    Morton acknowledged that a wide spectrum of Americans is frustrated over the immigration system - from pro-reform activists upset that President Barack Obama has not aggressively pushed a legalization bill to immigration hawks who perceive that the U.S.-Mexico border remains porous.

    "In the immigration business, if they are against you on both sides, it's generally a sign that you're doing something right," he said.

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  4. #14
    Administrator Jean's Avatar
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  5. #15
    Senior Member Judy's Avatar
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    ICE should be relegated to the ports of entry checking cargo and customs and verifying immigration status for states.

    Border Patrol should be relegated to the Borders to keep illegal aliens out in cooperation with states and citizens.

    The States should take full responsibility for arresting and enforcing US immigration law within their territory. They should look to ICE and Border Patrol to verify status and to the Judicial Branch to confirm that status, and then upon a Deportation Order, use the fines they collect from the illegal aliens to pay for the Deportation. They should also notify the nearest Consulate of every illegal alien arrested and identified, and advise them of the date their citizens are being deported so the Consulate can notify the home country.

    Any unpaid expense associated with illegal immigration in the states, should be billed by the states to the country of origin for damages under International Law and if not paid deducted from all trade and remittances in that state with that country in the form of an ear-marked audited excise tax on products and services bought and sold with that country, if the cost attributed to illegal aliens from that country amounts to more than $50,000 a year.

    Illegal immigration is not the fault of the United States. Illegal immigration is solely the fault of illegal aliens. This blame game on employers, and public benefits, and lack of enforcement, and conditions in the other countries are nice table talk, but at the end of the day, like any crime, it's a personal decision to violate our laws, disrespect our citizens, and spit on our rule of law, and that decision is made and the illegal acts are committed by illegal aliens. We have laws to fine and punish employers, aiders and abettors, smugglers and haborers, and I support every single one of those laws.

    However, ultimate responsibility for illegal immigration falls squarely on the shoulders of illegal aliens. Under our rule of law, simply because you're poor or hungry or desperate does not entitle you to break our laws. If you're broke and need money to pay the rent or utilities, you don't get a free pass to rob a bank in our country, neither does an illegal alien get a free pass to enter our country and rob our entire nation blind.

    There is absolutely no difference between the poverty-stricken desperate hungry American who robs a bank than an illegal alien in a similar circumstance who enters our country illegally or over-stays a visa to rob an American of the job and/or wages they needed to pay their rent and buy their food to feed their family.

    There is no difference. None. Nada. Zero. Zip.

    Our responsibility as Americans isn't to sob over the circumstance of the illegal alien, our duty is to ensure that no American, NOT ONE, loses 1 dime of wage, or 1 hour of work, because of illegal immigration.

    Any politician who doesn't understand this simple rule of law and the basis for it, needs to be thrown out of office this year and replaced with ones who do.
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  6. #16

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    Anyone catering to , aiding or abetting need to be removed from office and tried for treason.

  7. #17
    Senior Member ReggieMay's Avatar
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    Quote Originally Posted by tinybobidaho
    IceStorm wrote:

    If an illegal gets arrested under state law for being illegal in Arizona, and then ICE refuses to take him after Arizona is done with that illegal, then ultimately Arizona will be forced to release that alien back to the street. If this occurs, does he then become a repeat offender of the Arizona law, since he remained in the state after being convicted of illegal presence under state law?
    Arizona just wants them out of their state. They can throw them back across any state border. Then the deal should be, if they come back, the next time they get 10 years in the slammer. Same thing if they drop them off at the border.
    How about driving them to LA? They like illegals in LA.
    "A Nation of sheep will beget a government of Wolves" -Edward R. Murrow

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  8. #18
    Senior Member Richard's Avatar
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    Judy,

    I see that you have managed to keep your usual pack of errors out of this above message today. Applause
    I support enforcement and see its lack as bad for the 3rd World as well. Remittances are now mostly spent on consumption not production assets. Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  9. #19
    Senior Member Richard's Avatar
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    Bring on Sherriff Joe with the tent prison camps, bologna sandwiches and pink underwear for every illegal in the state. He can keep the cost of incarceration down while removing the illegal alien expense to other Arizona programs.
    I support enforcement and see its lack as bad for the 3rd World as well. Remittances are now mostly spent on consumption not production assets. Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  10. #20
    Senior Member Judy's Avatar
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    Quote Originally Posted by Richard
    Judy,

    I see that you have managed to keep your usual pack of errors out of this message today. Applause
    Richard, why don't you share what you think is a "usual pack of errors" or delete the statement. Here at ALIPAC we like links and quotes to support accusations even when they come from left field.

    Thank you.

    A Nation Without Borders Is Not A Nation - Ronald Reagan
    Save America, Deport Congress! - Judy

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