Thread: Illegal aliens in Arizona could do 6 months in jail

Illegal aliens in Arizona could do 6 months in jail
Legislature considering measure to make it crime to be in state

http://www.worldnetdaily.com/news/artic ... E_ID=54314

Posted: February 17, 2007
6:10 p.m. Eastern


© 2007 WorldNetDaily.com

If a referendum measure being considered by the Arizona legislature is submitted to voters and passed, anyone who has entered the U.S. illegally would be subject to 6 months in jail if found anywhere in Arizona, with sentences jumping to 30 months for repeat offenders and five years for those caught with illegal drugs or dangerous weapons.


Rep. Russell Pearce

HCR 2022, co-sponsored by Rep. Russell Pearce, R-Mesa, essentially brings Arizona law into conformance with Title 8 of the United States Code (Immigration and Naturalization), which regulates immigration into the U.S.

Federal law provides penalties for any illegal alien who:

* Enters or attempts to enter the U.S. at any time or place other than as designated by immigration officers;

* Eludes examination or inspection by immigration officers; or

* Attempts to enter/obtain entry into the U.S. by false representation.

The penalty for a Class 1 misdemeanor under Title 8 is up to six months in jail and up to $2,500 in fines. The presumptive term of incarceration for a Class 4 felony is two-and-a-half years and up to $150,000 in fines. The presumptive term of incarceration for a Class 2 felony is 5 years and up to $150,000 in fines.

Pearce's measure establishes the crime of being on any public or private land in Arizona while being in violation of federal immigration law and prescribes state penalties that match federal ones.

The House Judiciary Committee approved HCR 2022 this week. It now goes to the full House.

Arizona voters have passed anti-illegal immigration measures in the last two elections – four in 2006 and one in 2004.

Pearce is no stranger to putting controversial immigration issues before voters. He was co-author of 2004's Protect Arizona NOW, also known as Proposition 200.

It's not his intent to turn police officers and sheriff's deputies into full-time immigration enforcers, Pearce told Capitol Media Services. He noted that his proposal only permits questioning about immigration status if a suspect is stopped for some other reason. Police would have the option of holding illegal immigrants for transfer to federal agents.

The 30-month sentence for repeat offenders provides the real teeth in his bill, Pearce says, giving police a tool to deter those who've been turned over to Immigration and Customs Enforcement, deported and then come back into the country.

"The answer is simple," Pearce told FrontPage Magazine in a 2006 interview. "Enforce existing laws on the books and we will solve the problem. We don't need tougher laws or new laws. ... Demand that local law enforcement enforce our immigration laws and no longer allow them to hide behind illegal sanctuary policies.

"We no longer can tolerate law enforcement to be spectators to the destruction of our neighborhoods and this nation. This is a violation of their oath of office and constitutes malfeasance of office. Any decision by local politicians and police chiefs to not enforce the law is a political decision and has no legal basis. The Constitution and the law is clear."

Pearce has sponsored a second measure working its way through the legislature to provide $25 million in grants for law enforcement agencies to be used for enforcement of HCR 2022.

As WND reported, Pearce earlier proposed legislation to allow ranchers who lease state land along the border to build fencing to keep illegals from crossing into the U.S. on government property.

"I'm interested in helping to do that," he said. "We don't have authority over federal land but we do over state land."

With Arizona's previous voting record, this will get passed if it makes it to the voters. When will this be up for a vote?