Published: 03.09.2007

Napolitano opposes directive to Guard on nabbing entrants
By Howard Fischer
CAPITOL MEDIA SERVICES
PHOENIX — The House voted Thursday to give Gov. Janet Napolitano $10 million to deploy National Guard troops in Southern Arizona.
But the measure, HB 2766, is conditional on the soldiers being directed to catch people who cross the border illegally — something Napolitano does not support.
House members also gave final approval Thursday to HB 2589, which would make it illegal to stand on or near public streets or sidewalks for the purpose of looking for work. The legislation is aimed at groups of people — many undocumented — who congregate around home-improvement stores hoping to land a job for the day.
That vote came over objections of several Democratic legislators who said it is up to cities to decide for themselves whether to enact such regulations. And Rep. Kyrsten Sinema, D-Phoenix, chided supporters for crafting a measure that punishes only those people looking for work and not the contractors who troll the parking lots looking for day laborers.
Questions also were raised about the measure's constitutionality. Rep. John Kavanagh, R-Fountain Hills, countered that courts have upheld laws that are based on people creating a hazard for cars and pedestrians.
But it was the legislation to put Arizona Guard troops along the border that generated more debate.
The governor has repeatedly pointed out that there are more than 2,200 soldiers in the area, all being paid for by the federal government.
They are doing jobs ranging from surveillance to construction. That, said Napolitano, frees up Border Patrol officers to actually go out and apprehend those who sneak into the country.
The orders for Operation Jumpstart, the federal program that put the soldiers along the border, prohibits them from detaining anyone and specifically requires them to avoid contact with those they encounter.
Those restrictions took center stage in January after several Guardsmen from Tennessee, doing surveillance near the border, left their post as they were approached by armed men, apparently Mexican nationals.
Gen. David Rataczak, commander of the Arizona National Guard, said the soldiers did exactly what they were told. But the whole idea of armed soldiers backing away angered many legislators.
This bill would allow the soldiers to apprehend border crossers and would allow them to take "appropriate action" to defend their posts.
Aside from wanting to limit the role of Guard units, Napolitano also has argued that Arizona tax dollars should not be used to secure the border — a federal responsibility.
"It is also a states' issue," said Warde Nichols, R-Chandler. "The taxpayers of the state are basically paying to medicate, educate, incarcerate these illegals as they come into our country."
Sinema, however, suggested the money would be wasted, saying $10 million would fund fewer than 100 soldiers for one year.

http://www.azstarnet.com/allheadlines/172745
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