What follows is my take on the Arizona’s new law and only the law.

Just Right

1. Requires an alien unlawfully present in the U.S. who is convicted of a violation of state or local law to be transferred immediately to the custody of ICE or Customs and Border Protection, on discharge from imprisonment or assessment of any fine that is imposed.
2. Specifies that the trespassing statute does not apply to a person who maintains authorization from the federal government to remain in the U.S.
3. Specifies that it is unlawful for a person to do or attempt to transport or move an alien in Arizona in a means of transportation if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the U.S. in violation of law
4. Specifies that monies in the special GIITEM (Gang and Immigration Intelligence Team Enforcement Mission) sub-account are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to immigration.

These are but a few points in the new law I felt were in keeping with it’s stated goal.  I’m not arguing for or against expulsion as policy/solution to the issue of illegal immigration.  My focus here in how Arizona’s law is approaching it’s stated goal.  If that goal is reducing the number then those found in violation of this law should be processed and transferred as fast as possible.  Having them stay in Arizona jails only adds cost to the state’s prison system and, come on, why would they want to do that when there are federal agencies in place to handle illegal immigrants. Likewise, it only makes sense fiscally, that any monies collected through fines and penalties be used to offset costs incurred through enforcement.

Moving on.

Too Hot

1. Makes it against the law for someone to stop their motor vehicle on a street, roadway, or highway to hire or pickup passengers for work at a different location IF doing so impedes traffic. Likewise, it is unlawful to be the person getting into such a motor vehicle.
2. Makes it permissible for law enforcement to determine a person’s immigration status where reasonable suspicion exists that the person in question is an alien present in the US unlawfully and that verification will be with the federal government as defined in USC Section 1371(c).
3. Allows a law enforcement officer, without a warrant, to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.
4. A person is guilty of trespassing if the person is on any public or private land in the the state and is not carrying their alien registration card.

These in particular seem to go too far or are too broad in scope.  Suddenly it’s against the law to pick up a stranded motorist and give them a ride to work.  What determines traffic impediment?  In short anything that allows a human being, regardless of profession and training, to be placed in a position to make a judgment call leads to abuse at worse and inconsistency at best.  All these conditions are destined to become the landscape from which court battles will be fought.  The state senate could have done a much better job drafting this law.  Lastly, Arizona has become yet another to undo Sanctuary Laws in the US. Perhaps it’s the romantic in me but I feel that people, if they can reach religious institutions should still be able to request sanctuary.

Too Cold

1. Makes it against the law for someone to stop their motor vehicle on a street, roadway, or highway to hire or pickup passengers for work at a different location IF doing so impedes traffic. Likewise, it is unlawful to be the person getting into such a motor vehicle.
2. The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin.
3. A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.

Ok, first off, yes, I already listed the first as Too Hot, but it’s also too cold.  All of these provisions do not, in my opinion, go far enough to aid in the overall goal of this Law.  In the case of the first it’s not against the law to pick up illegals from your motor vehicle or get into said car if it’s not impeding traffic?  Does the fact that the new law single out race, color or national origin mean that other designations such as gender, sexual orientation, or religion are fair game?  Lastly, I think the penalty for filing false and frivolous claims need to be stronger to protect abuse.  It’s not far fetched that one individual use the law as a weapon against a rival individual or company.

[Update] – While I’m not claiming anyone in AZ read this post but someone must have taken a second, third, or greater look at this law and agreed that the clause identifying only race, color, and national origin as unsatisfactory reasons for investigation did not go far enough.  The fix?  Remove the word ‘solely’.  Thank you Odin1eye for sharing this article to my attention.

In the End

Regardless of one’s position on the issue of illegal immigrants the “Support Our Law Enforcement and Safe Neighborhoods Act” is a poorly drafted law.  One I am amazed managed to work it’s way to the Governor’s desk let alone signed into law.  If you read it you’ll find language that to me calls to mind the worst in civilized history.  Language that seems to encourage neighbor to turn against neighbor and distrust of those sworn to protect their residents.

I’ve the great pleasure of visiting close friends in Arizona.  It’s a great, breathtaking state.  I was there in April and it was incredibly hot.  The “Support Our Law Enforcement and Safe Neighborhoods Act” will only make it hotter.

Full PDF of the signed legislation can be found here.

A “plain English” version on what the legislation is intended to do can be found here.

I love debates. I just worry when things aren’t reviewed. Today I got yet another chain letter regarding H.R. 1388. The subject and title was “WAKE UP AMERICA!!!”

Wake Up America? Yes, please do and quickly!!

H.R. 1388 was passed behind our backs? What? By the way the bill is also entitled “The Edward M. Kennedy Serve America Act, an Act to reauthorize and reform the national service laws.”

How could a HOUSE RESOLUTION get passed behind our backs? Did they (our elected representatives) get to vote on this? Yep. And it passed right in front of us on March 31, 2009 Roll call number 169 in the House Question On Motion To Concur in the Senate Amendments: H R 1388 Generations Invigorating Volunteerism and Education (GIVE) Act Take a look at the results here – http://www.opencongress.org/roll_call/show/5405

I’m amazed anyone would be against an act invigorating volunteerism and education but there were. Just not enough to keep it from passing right in front of us.

Oh, and that $20Million? It has nothing to do with H.R. 1388 nor does it say anything about migrating anyone to the USA.

Unlike the House Resolution it’s a short note so here it is:

THE WHITE HOUSE Office of the Press Secretary ­ For Immediate Release February 2, 2009 January 27, 2009 Presidential Determination No. 2009-15 MEMORANDUM FOR THE SECRETARY OF STATE SUBJECT: Unexpected Urgent Refugee and Migration Needs Related to Gaza By the authority vested in me by the Constitution and the laws of the United States, including section 2(c)(1) of the Migration and Refugee Assistance Act of 1962 (the “Act”), as amended (22 U.S.C. 2601), I hereby determine, pursuant to section 2(c)(1) of the Act, that it is important to the national interest to furnish assistance under the Act in an amount not to exceed $20.3 million from the United States Emergency Refugee and Migration Assistance Fund for the purpose of meeting unexpected and urgent refugee and migration needs, including by contributions to international, governmental, and nongovernmental organizations and payment of administrative expenses of the Bureau of Population, Refugees, and Migration of the Department of State, related to humanitarian needs of Palestinian refugees and conflict victims in Gaza. You are authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA

And the kicker of it all is that the link at the very bottom of the chain email http://www.thefederalregister.com/d.p/2009-02-04-E9-2488 points the exact copy of what I’ve included above. I’m sure the original creator of the email figured if people saw the link they’s assume everything in the email was accurate so why bother to read for themselves.

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