Illegal is not a race

A m e r i c a n  P o s t – G a z e t t e

Distributed by C O M M O N  S E N S E , in Arizona

Friday, April 9, 2010

Illegal is not a race


It’s a crime

Russell Pearce reports on his important, new immigration enforcement bill:

This is the best and most comprehensive immigration enforcement bill in the nation.  I would appreciate it if you would send this to your list. This is an important bill. I need calls and e-mails. I have a firm commitment from the Speaker to have the bill 3rd read next Tuesday.  I need to make sure our Republicans stay firm for the rule of law.    Illegal is not a race, it is a crime. Next Tuesday, I also will be holding a Press Conference at noon and an all afternoon hearing on border violence along with ranchers and farmers from the border and the cost of our open border to citizens.

Please email support to senators for SB 1070; it should be up for 3rd and final reading next Tuesday.

SB 1070       immigration; law enforcement; safe neighborhoods


















































































Purpose: Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws.  Establishes crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties.

Enforcement of Immigration Law

· Prohibits officials and agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.

· Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.

· Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.

· Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.

· Specifies that a person is presumed to be lawfully present if the person provides any of the following:

o Valid Arizona driver license

o Valid Arizona non-operating identification license

o Tribal enrollment card or other form of tribal identification

o Valid federal, state or local government issued identification

· Requires that if a person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP).

· Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.

· Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:

o Determination of eligibility for any public benefit, service or license.

o Verification of any claim of legal domicile if legal domicile is required by law or judicial order.

o If the person is an alien, determination of the person’s compliance with federal registration laws.

o Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.

· Allows a person to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

· Allows the court to order any of the following, if there is a judicial finding of a violation:

o That the person who brought the action recovers court costs and attorney fees.

o That the entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions.

· States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.

· Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.

· Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.

Senator Russell Pearce
Arizona State Legislature


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  1. kralmajales says

    Just how are you going to pay for this? It would take enormous amounts of tax payer funds to put this into effect and in practice. Gonna keep passing the law enforcement bill to counties?

  2. Sounds like it is ok for AZ legislature to pass unfunded mandates and then turn around and sue the federal government for passing unfunded mandates. Maybe the counties and cities should pull a Janet and sue her and the AZ state legislature.

  3. AZstinkweed says

    Given that crimianl aliens cost the state $2B a year, every one we send packing cuts costs and reduced the black hole known as the state budget. Go Pierce!

  4. Does anyone have links to the estimated costs of this bill? I am on the fence here and would like to look into it more. In general it sounds reasonable but I have found that Pearce tends to spin the facts when it comes to passing these kinds of laws. And please don’t quote the $2 billion a year stat because it is extremely inaccurate from what I have seen and appears to be the cost without subtracting any revenue that illegals bring in.

    I am worried aboout the mandates on local law enforcement and the effects of bogging them down. An example is that sometimes it take ICE several hours to pick up criminals and I am concerned that the police officers will be stuck waiting.

  5. Here’s the link to the fiscal note:
    Here is the DRAFT Bigg’s floor amendment: Provisions of the Biggs Floor amendment:

    What about states that issue licenses without confirming legal presence?

    v The Biggs amendment clarifies that federal, state or local government-issued ID only provides a presumption of innocence if the entity requires proof of legal presence.

    Does local law enforcement have jurisdiction to transport an illegal alien across state lines?

    v The amendment requiring judicial authorization before transporting an illegal alien out of the state, to ensure that law enforcement is complying with federal requirements.

    Are there any provisions that may “open the door” for implementation of REAL ID?

    v The amendment statutorily prohibits the implementation, authorization, or establishment of REAL ID alleviating any concerns raised by the language.

    Will this law create a scenario where cities and counties are continuously battling frivolous lawsuits, including lawsuits from people all across the country?

    v The Biggs amendment stipulates that only legal Arizona residents may brings actions against sanctuary cities and requires and loser pays all reasonable cost and attorney fees.

    Senator Pearce has indicated there will be some minor changes.

    How much is the life of a Police Officer worth? They are getting killed on a regular basis trying to protect us while people like the Phoenix Mayor protect the lawbreakers.

  6. kralmajales says

    OH COME on…dont try to claim that undocumented workers and migrants are killing our police. The rare time that our finest are hurt on the job it is typically a citizen and its more than tragic.

    Spending the additional millions that this bill will cost is out of wack. I’d have an inkling of respect if Pearce had a way to pay for it and would increase taxes to do it, but oh no…not a freakin chance. He’d rather run deficits. Just like Brewer and her unreal deficit buster budget. Not that the House and Senate had a better one.

    Our finest men and women in uniform want to enforce the laws of this state and they also want to be paid what they deserve to do it. Instead the AZ GOP wants to cut taxes and cut their budgets, salaries, and lifestyle with it.

    And no Commisar Pearce and his cronies want to add to their workload too.


  7. kralmajales – please tell us how many cops it’s okay for illegal aliens to kill? Do you have a dollar per cop cost to can share?

  8. Millions of expatriate Americans in other countries obey those countries’ laws for entry, residence and work. The argument for excusing foreigners to not respect our laws is … what again?

  9. kralmajales, here are some facts for you. Again I ask, do you have a cost per cop you find acceptable?
    Death and maimings of police officers and citizens in Arizona by illegal aliens

    “Rob” Krentz
    Phoenix Officer Shane Figueroa (killed)
    Phoenix Officer Nick Erfle (Murdered)
    Phoenix Office Glidewell (shot in chest)
    Child serial rapist in Chandler
    15 year old raped in Scottsdale by school janitor
    15 year old kidnapped and raped in Guadalupe
    Phoenix Officer Marc Atkinson (murdered)
    Phoenix Officer Robert Sitek (murdered)
    Kris Eggle-park ranger in southern Arizona (murdered)
    Border Patrol Agent James Epling (murdered)
    Deputy Sean Pearce (shot by homicide suspects)
    Deputy Lew Argetsinger (shot my homicide suspects)
    Sgt. Manuel H. Tapia was shot by a drug suspect
    DPS Officer Robert K. Martin, 57, was shot to death – his assailant, Ernesto Salgado Martinez, a 19-year-old ex-convict
    Agent Richard Fass, 37, of the United States Drug Enforcement Agency, murdered
    Agent Alexander Kirpnick, 27, Border Patrol, murdered
    Jason Schechterle suffered fourth-degree burns when his patrol care went up in flames after being struck by a taxi – the driver was an illegal alien.
    Gilbert mother killed by illegal alien fleeing from police in Mesa
    Jason, Decorated Iraq war veteran stabbed in his own front yard by illegal alien
    Mother “legal immigrant” killed by illegal alien trying to ram Sheriff’s Deputy’s car in Phoenix
    Tracy “17 year old” killed by drunk illegal alien
    Study: 1 million sex crime victims by illegals More than 100 sex predators crossing border daily

    Deborah Schurman-Kauflin: Based on a one-year in-depth study, a researcher estimates there are about 240,000 illegal immigrant sex offenders in the United States who have had an average of four victims each.

    Deborah Schurman-Kauflin of the Violent Crimes Institute in Atlanta analyzed 1,500 cases from January 1999 through April 2006 that included serial rapes, serial murders, sexual homicides and child molestation committed by illegal immigrants.

    According to border patrol 1 out 10 illegal aliens crossing the border already have a felony conviction. 30% of federal prisoners are illegal aliens for serious crimes.

    Over 50% of homicides in Phoenix involve illegal aliens.

    Phoenix #2 in the world in kidnappings.

    Most offenders were in states with the highest numbers of illegal immigrants. California had the most offenders, followed by Texas, Arizona, New Jersey, New York and Florida.

  10. Stephen Kohut says

    @ Roger,

    Facts are an inconveniece for kralmajales unless he can find a select few he can spin to back a liberal position. As AZstinkweed said at the start, ciminal aliens are a $2B per year new drain on the state. I’ve seen the breakout and have to find my refernce when I get a chance. Going from memory, $1.2B is for K-12 education alone, the balance is from other benefits (Medicaid, etc.).

    To top it off, AZ does not have the strongest state criminal alien statutes. OK does as of the last time I check. They make us look like wimps.

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  12. excellent writing .


  1. […] essentially for passing this law?  There is nothing bigoted about it–as Russell Pearce says, illegal alien is not a race. […]

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