Thread: State panel OKs local enforcement of federal law

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Wednesday, April 13, 2005

Local News

State panel OKs local enforcement of federal law

By Howard Fischer
Tuesday, April 12, 2005 1:43 PM MDT

Capitol Media Services

PHOENIX - A House panel voted Monday to unleash state and local law enforcement officers to begin enforcing federal immigration law.

Rep. Russell Pearce, R-Mesa, said many communities have what are, in effect, "sanctuary policies" where people who are here illegally need not fear police.

"That is an outrageous policy that simply says we will look the other way, we're going to do nothing about it virtually," Pearce said.

"I find it a slap in the face to every citizen in the state of Arizona who worries about not only terrorists but violent aliens, people who come into our community and commit crime, know that virtually it's a safe haven, once they're across that border, that we do nothing about it," he continued.

The legislation, SB 1306, would specifically authorize police officers, sheriffs' deputies and employees of the Department of Public Safety to "investigate, apprehend, detain or remove aliens in the United States ... in the enforcement of immigration laws." But the proposal is drawing fire from the agencies who would be affected.


Maricopa County Sheriff Joe Arpaio compared it to going after individual heroin users rather than the people who are supplying the drug.

Arpaio said that's why he deputized 12 officers of the federal Immigration and Customs Enforcement agency to work with his own deputies to investigate and arrest groups involved with smuggling people into this country illegally.

Arpaio said this proposal actually could work against that goal.He said deputies talk with illegal entrants on the streets or at work "not to put them in jail, but also to get information leading up to who caused them to be smuggled into this country."

Eric Edwards, representing both police chiefs and county sheriffs, told lawmakers there are legitimate reasons police don't question people about their legal status.

"They're very concerned about developing some trust in this community so that they do feel free to come forward as a victim or as witness to assist in the much more serious crimes," he said.

Carol West, a member of the Tucson city council, said she doesn't want officers from her community's police department out enforcing immigration laws.

"We have one of the highest property crime rates in the nation," West said, saying she doesn't want anything that diverts police officers from preventing and solving those crimes. West said it is up to federal officials to enforce immigration law, calling Pearce's proposal "pretty drastic and unwarranted."

The measure also is opposed by the Tucson Police Department. "We work very hard to maintain a trusting relationship with our community," said Sgt. Carlos Valdez. "We don't want the Hispanic community to see us as a foe."

Valdez said Police Chief Richard Miranda also wants people who are the victims of crime to believe they can come forward without being turned over to the Border Patrol. "Plus, we're busy enough on our own," Valdez added. That's also the assessment of Santa Cruz County Sheriff Tony Estrada.

"Local law enforcement is already taxed enough dealing with public safety for our residents,'' he said. "We don't have the resources for that."

Rep. Amanda Aguirre, D-Yuma, said she feared the proposal would lead to racial profiling, as police officers start looking at people of color in an effort to figure out who is legal and who is not. "This is wrong," she said.

"What's wrong is police officers not doing their job and removing people from the community who have broken our law," responded Pearce.

Rep. David Lujan, D-Phoenix, said police already can arrest people who have broken criminal laws.

Lujan also said that entering the United States illegally is a civil offense and not a crime - at least not the first time. He said there is no reason police should be enforcing civil laws.


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Lujan also said that entering the United States illegally is a civil offense and not a crime - at least not the first time. He said there is no reason police should be enforcing civil laws.

Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.

Originally Posted by dman1200

Lujan also said that entering the United States illegally is a civil offense and not a crime - at least not the first time. He said there is no reason police should be enforcing civil laws.

Under Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:

* Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or
* Eludes examination or inspection by immigration officers; or
* Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.

Actually, it is a federal FELONY! 'nuf said (at least it "should" be 'nuf said)

My letter to the editor of this article:

I was reading this article and I was very disturbed by the ignorance displayed by opponents of this measure. Even more disturbing was the comments made by Rep. David Lujan, D-Phoenix stating that entering the United States illegally is a civil offense and not a crime - at least not the first time. He said there is no reason police should be enforcing civil laws. That statement is flat out wrong. According to Title 8 Section 1325 of the U.S. Code, "Improper Entry by Alien," any citizen of any country other than the United States who:
Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

Eludes examination or inspection by immigration officers; or

Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact;
has committed a federal crime.

So either Mr Lujan doesn't know what he's talking about or he's flat out lying to the public. Maybe you guys in the media can inform him of his incorrect statement and ask him the tough question of why he would issue a statement like that of which he probably knows to be false. I find it hard to believe an elected rep can be so ignorant as to not know what the federal law states about immigration in a border state who without a shadow of a doubt has the heaviest flow of illegal alien traffic.

I also want to comment on how some think that police shouldn't enforce federal immigration laws. I think that is ridiculous. We have laws on the books for a reason and when you only selectively choose which laws to enforce you not only show the world that the rule of law is a joke, but you at the same time end up disenfranchising the entire population to accommodate criminals. If we decide that police shouldn't enforce federal immigration laws then what other laws will we decide that police shouldn't enforce? I further want to state that illegal immigration is a crime that not only hurts our countries citizens, but the legal immigrants who play by the rules and wait their turn in line. It's a problem that can't be dealt with by just border patrol agents and federal agents alone. It is everyone's civic and constitutional duty to protect the borders from illegal entry as stated here:

Article 4, Section 4 of the Constitution is as follows:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion;

So why shouldn't police be able to enforce federal immigration laws? Better yet where does it state in federal law or the constitution that police can't enforce federal immigration law? Murder, rape, and child molestation is a federal crime, should police not enforce those laws either? Finally I want to state how idiotic certain Latino advocates sound when they state that police enforcing federal immigration law will result in racial profiling, putting fear in the Latino community and will result in discrimination. Give me a break. Of course it's discrimination, that's what laws do, they discriminate against criminals. If you say enforcing federal immigration laws discriminates against illegal immigrants then you can say that arresting murderers, rapists, thieves, drug lords, gang members and such is discrimination too. Do we really want to go down that slippery slope? I say not enforcing federal immigration law is discrimination not only against the citizens of this country, but against those who came into this country the right way. I bet that most Latinos who migrated here legally would agree with what I'm saying.


Name/Location withheld

Does anyone have a link to where I can email that gasbag Rep Lujan about his blatant lying about how illegal immigration is only a civil offense and not a federal crime? I couldn't find one.

NOTE I was informed from the locals in AZ that CA (citizen arrest) will also be soon forthcoming. They are waiting on this bill to become law, then some additional tweaking possibly needed to be done in the CA statute sections.

When that is done, then TRUE justice will be able to happen. People WILL be able to sit on the border, and actually WITNESS someone entering, and be able to hold them, until athorities arrive. What a novel idea. People finally being empowered to be able to stand up for their rights.

H.

Originally Posted by Husker

NOTE I was informed from the locals in AZ that CA (citizen arrest) will also be soon forthcoming. They are waiting on this bill to become law, then some additional tweaking possibly needed to be done in the CA statute sections.

When that is done, then TRUE justice will be able to happen. People WILL be able to sit on the border, and actually WITNESS someone entering, and be able to hold them, until athorities arrive. What a novel idea. People finally being empowered to be able to stand up for their rights.

H.

Watch the 9th circus strike that law down.

What I find ludicrous is that the police and sheriff's office are busily trying to win the hearts and minds of those illegally in our country...so they'll come forward with information about how they got here..and further bilge...ARREST them...DEPORT them..the heck with their hearts and minds.

RR