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  • As Border Security Deteriorates, Arizona Continues Its Push to Control Illegal Immigration

    borderfence

    Just days after Arizona Governor Jan Brewer stated that the Arizona border with Mexico was “out of control,” the Arizona legislature passed legislation that would make it a violation of state law for individuals to be in Arizona without proper documentation. The bill would permit law enforcement personnel to stop and verify the documentation of anyone suspected of not being in Arizona legally. Importantly, this legislation does not rely upon the enforcement of federal immigration law, but makes it a criminal violation to be in Arizona without proper documentation. With the weakening of the Section 287(g) program by U.S. Department of Homeland Security Secretary (and former Arizona Governor) Janet Napolitano, this legislation will help Arizona exercise its traditional police powers over its jurisdiction more effectively.

    The legislation awaits signature by Governor Brewer. As Heritage argued in Controlling Illegal Immigration: State and Local Governments Must Do More:

    state and local governments did not cede their inherent police powers when the Constitution was ratified….[b]y passing interior enforcement legislation, states can have the authority to enforce their own laws dealing with illegal aliens and those who employ, house, or otherwise aid them….After all, it would make little sense if state and local governments were left powerless to deal with illegal aliens in their own jurisdictions. Absent a criminal violation, illegal aliens could openly flout their presence in cities and states across America.

    As the Supreme Court noted in Plyer v. Doe, 457 U.S. 202, 228 (1982), “Although the State has no direct interest in controlling entry into this country, that interest being one reserved by the Constitution to the Federal Government, unchecked unlawful migration might impair the State’s economy generally, or the State’s ability to provide some important service. Despite the exclusive federal control of this Nation’s borders, we cannot conclude that the States are without power to deter the influx of persons entering the United States against federal law, and whose numbers might have a discernible impact on traditional state concerns.”

    Arizona is flexing its federalist muscles to deal with a problem within the state. Let’s hope Governor Brewer defends the federalism principles contained in the Ninth and Tenth Amendments of the U.S. Constitution and signs the legislation.

    Posted in Security [slideshow_deploy]

    42 Responses to As Border Security Deteriorates, Arizona Continues Its Push to Control Illegal Immigration

    1. Benita, OH says:

      Well, it's about time someone gets serious. Just wish the Federal Government would do something instead of being a bunch of wimps!!

    2. clyde sawyer says:

      ALL the states should paas the same law, its time we did something to stop flow of illegals into our country.

    3. Rachel, NC says:

      i really hope this law or anything like it never comes to NC. how is it that police shall "suspect" anyone to be in the country illegally? how can you look at someone, and tell that they are an illegal immigrant?

      if you say by the color of their skin then that is just plain, bigotry.

      i believe nothing will come of this but racial profiling.

      if i got pulled over because i "looked illegal" i would be highly upset

    4. Evan, NYC says:

      Not like the brazen giant of Greek fame,

      With conquering limbs astride from land to land;

      Here at our sea-washed, sunset gates shall stand

      A mighty woman with a torch, whose flame

      Is the imprisoned lightning, and her name

      Mother of Exiles. From her beacon-hand

      Glows world-wide welcome; her mild eyes command

      The air-bridged harbor that twin cities frame.

      "Keep, ancient lands, your storied pomp!" cries she

      With silent lips. "Give me your tired, your poor,

      Your huddled masses yearning to breathe free,

      The wretched refuse of your teeming shore.

      Send these, the homeless, tempest-tossed to me,

      I lift my lamp beside the golden door!"

      Emma Lazarus, 1883

      Federalism is good, this way we can agree to disagree. Arizona can go ahead and destroy its civil society by trying to purge (brown) immigrants. Here in New York we can conserve the values which made this country great in the first place.

    5. Juliee says:

      Thank God for Arizona. They have stood up for the citizens of their state. These are tough times in America and we could solve the unemployment disaster if other states would follow suit. Are you listening California?

    6. Languid Sorrow says:

      Excellent. One way or another Americans WILL defend their country against any and all newly invented forms of subverting our lives.

      In this case, unforeseen illegal immigration en masse has allowed an intolerable wedge to jam itself into the assurance of our very future existence. Once this threat is thoroughly dealt with, we will never again be vulnerable to this sort of action.

      Happily, the bad economy is setting the stage for the permanent establishment of the enforcement of Rule of Law, and not the reverse.

    7. EyeOnTheLaw says:

      This office fully supports the Arizona law. Protection and control of its borders are fundamental elements of a sovereign nation, plain and simple. Other states should follow Arizona's lead and begin steamrolling over any further so-called debate on this matter of self preservation by exercising their constitutionally protected local police powers to solve this problem on a local level.

      What do you think? Please vote. http://eyeonthelaw.blogspot.com/

    8. Steve, Morgan Hill, says:

      Good job, Arizona! Now if only we could convince Sacramento and our RINO Gov. ScharzenKennedy to do the same thing, we'd be in better shape. We are spending horendous amounts of money on illegal aliens in CA and the government is doing almost nothing about it. I don't mind immigrants, but come here legally and work toward assimilation into society. That's what being an American is all about.

    9. Mark Taber, Oklahoma says:

      All of the States should pass similar laws, The states should be in control of these "Policies" We are The United States. If anyone wants to become part of The United States must become a Citizen of The United States and Obey the laws of the State that they wish to live, Learn our language "English".

    10. Kay says:

      This is simply absurd. Is everyone traveling through Arizona required to carry documentation that they are in the state legally, or just the "brown" people. What if you are a natural-born hispanic citizen without a passport and are stopped? So basically, everyone will have to get a passport. Yes, the federal government will get millions from passport transactions, businesses will lose revenue once the tourist money dries up and police officers, legal immigrants, natural-born hispanic citizens and people just fed up with the racial profiling leave the state (with their legal dollars).

    11. Don Karadeema Alamog says:

      It's about time that someone took the reigns, and began to exercise States rights. The federal government has kicked this can down the road for far too long, which in turn, created the problem we face today. I can, however, see the ACLU, among other bleeding heart organizations, jumping all over this. I pray that the Arizona Legislature has their ducks in a row, this is one BIG can of worms they've opened.

    12. Tami Galloway says:

      Thank God for Arizona. Arizona is finally stepping up to the plate. I hope my state of Indiana does the same. Illegal aliens coming into this country must stop or we are doomed. The other half of the country that pay taxes cannot support the world as Mr. Obama wants us to do.

    13. Tami Galloway says:

      BTW, why does BO approve one million visas duing a time when so many Americans are unemployed? What purpose does that serve?

    14. Susan, Herndon says:

      About damn time!!!

    15. Charles, The Republi says:

      I hope the folks in Austin are paying attention. Obama equates an open border with a renewed democratic (communist) party.

    16. gmachey says:

      they are here to work. How about the border states starting a visiting worker program. As they are caught coming across the border, register them; tax them. If they refuse to register, put names and faces on a national register.

    17. Delaware Bob says:

      I LOVE IT! You go, Arizona! I hope all 50 States pick up on this. Our Federal Government has failed us BIG TIME on enforcing our immigration laws. Janet Flinstone doesn't have a clue on how to enforce the immigration laws. She is WORTHLESS!

      It's time for ZERO TOLERENCE with these illegal aliens. It's time for them get out of this Country and back in their own Country where they belong. When we get rid of the illegal aliens, we will get rid of all the problems that go with them. THAT IS A FACT!

    18. Mary, New Orleans, L says:

      Federal contractors are required to use E-Verify for all new employees, But in Louisiana, an illegal can buy a fake social security card and get a driver's license and register to vote, all at the same time. Shouldn't governmental agencies "verify" the validity of the documents presented before someone is given the right to vote?? I only wish my State of Louisiana would adopt the same law as Arizona.

    19. JohnG, Michigan says:

      We need to quit worrying about Political Correctness and enforce our laws. Just because someone is Hispanic doesn't mean they should be opposed to the idea of defending our borders. The reality is that other cultures don't choose to participate in the views that we are free to take for granted in the USA. Racial profiling? Are you kidding? Who do you think we are trying to stop? This reminds me of the stories of Airport security pulling little grannies and kids out of line for increased inspection so we wouldn't look like we were interested in screening potential terrorists. The profiles fit, unfortunately some folks will be inconvenienced. Treat all with respect, I believe most people will understand the objective.

    20. Anita Dailey, Texas says:

      I also hope that Texas is paying attention! However as soon as owebama gets his immigration bill passed there wont be any illegal immigrates cuz he's going to make them all legal. That way his health care bill wont be affording any illegals abortions. We will be paying for this bill for many years to come. Woe is us! God bless America…..and please hurry.

      T

    21. Brazen says:

      Its time to get down to brass tacks. There is only two ways to view the border:

      1. To view it from the point of providing a milk jug of water ON the border.

      2. To view it from the point that Phoenix is number 1 nationwide for human trafficking.

      I will wager that half of the mexicans that come over the border were forced to do so against their will. I will further the argument that it is easier to traffic humans than drugs, and a higher profit. If you have compassion for the Mexican people, you will focus 300 miles from the border than giving them water to make it to their demise.

    22. Chrisann, Utah says:

      It's about time the states started taking back their rights. Every state should have this law in place. If you are here illegally this will cause a major run for the border. It is not profiling if you are coming from Mexico and they stop you because you are Mexican especially in Arizona as there border is Mexico. Political correctness is anything but that, it is correct to suspect everyone. A few minutes of being detained is nothing to get upset about if you understand the purpose.

    23. Tony, AZ says:

      This law is wrong on so many levels. One, it legalizes racial profiling. If this does become law – and it will once Gov Brewer signs it – the police get to decide if you are or are not undocumented solely on appearance. This is going to cost the state millions in lawsuits for criminalizing ethnicity.

      Two, how would everyone feel if this was turned around? Having feds do the states jobs? Why not have government agents issue traffic tickets, issue warrants, etc.? That's right, there is nothing federalist about this.

      Also, human rights and the constitution are not evolving like you progressives think it is. If coming here without documentation is wrong, then the first people we need to kick out are Anglo English speaking people. If your argument is, "That was a different time, those last 200 years," then you are a progressive.

      As a member of the Heritage Foundation I am embarrassed that this historically conservative organization has sided with southern democrats on the immigration issue. Being for population control, anti-small business, anti-freedom and anti-American Dream are not things that we should work toward.

    24. Tim AZ says:

      I have no doubt that once the ACLU has lost their fight against Arizona's new anti illegal immigration law that Texas will be the next to adopt this law. As for California their whole govt. is built on the votes of illegal aliens it's very survival depends on them. I really don't have a clue as to how the taxpayer's of California can break those chains that bind them except by withdrawing their bank accounts and voting with their feet. I suggest that after we have taken back our federal govt.. we should refuse financial help to California and allow them to collapse from their own failed policies. A testament to the failings of liberalism every time it has been tried.

    25. Greg Vail AZ says:

      Rachel, you are just being paranoid. As for it being bigotry, to suspect a person of a certain race of a crime is NOT bigotry. For crying out loud, using an individuals ethnic back ground as a descriptive tool is necessary. I can just see it now, "he was about 6 feet tall dark hair and eyes, but I can't give his/her race as it would be bigotry/racial profiling to do so". Just arrest everyone about six foot tall, brown dark eyes and hair. never mind that that would me incarcerating 25% of the population. GET REAL!! Law enforcement is not going to be like a kid in as candy store going "oh! I want to arrest that one! Oh, and that one, and that one too!" they do not have the time or man power to act indiscriminately. You still need PROBABLE CAUSE.

    26. E Bratt Toledo OH says:

      Way to go AZ. It has been painfully obvious that the federal government is incapable of fulfilling it's constitutional responsibility to protect our borders. States should also look into other ways to step in and fill the void left by an impotent national congress and president. The states should find a way to withold from the federal government taxes being collected from state citizens that fund programs and duties that the federal government fails to perform. It seems the only way to stop the fraud and waste in congress is to hit them where it hurts. The state governments (who really answer directly to the people) have to stop being vasals of the federal government.

    27. Blondy, Las Vegas says:

      When our nation is at 13% unemployment you would think common sense would dictate that we close our borders and enforce our immigration laws. But then when did government ever have common sense. Thank God some states are getting the message that our goverment is not for the people so we have to stand up for ourselves in the meantime and get rid of those who think their wishes are above ours and get someone in office that voices our wishes.

    28. GearJammer, Colorado says:

      Rachel, NC on April 14th, 2010 at 1:54pm said:

      “i really hope this law or anything like it never comes to NC. how is it that police shall “suspect” anyone to be in the country illegally? how can you look at someone, and tell that they are an illegal immigrant?
      if you say by the color of their skin then that is just plain, bigotry.
      i believe nothing will come of this but racial profiling.
      if i got pulled over because i “looked illegal” i would be highly upset”

      Are you serious Rachel? I think we as Americans are well past the emotion of getting our feelings hurt if we are pulled over because of suspicion. You need to buck up and realize we are getting, literally, taken over! It doesn’t matter the color of your skin. Bigotry? Call it what ever you wish…this problem supercedes bigotry. This is now a national crisis for the economy, health, schools, housing, welfare, as well as national security.
      When will you people wake up and realize, we may have to be a little “inconvenienced” at the airport or pulled over for whatever reason but is it not worth it to regain our sovereinty?

    29. rock_fan says:

      I praise the Arizona immigration legistlation. I am an immigrant, a legal immigrant who followed the proper procedure and waited years to get my green card. I would say illegal immigration is more offensive to legal immigrants than to native born citizens. Many of my friends and families who came to this country legally DO NOT share the view held by those immigrant right activists which is to grant a path to citizenship for 12 million illegals, not at all! We want to live in a country of rules and laws for all people.

    30. Drew Page, IL says:

      Rock on, Rock Fan. You did the right thing. Welcome to the USA.

    31. Leenie, AZ says:

      When Napolitano was governor of Arizona, she vetoed laws dealing with employment of illegal aliens and the border claiming it was the federal government’s job not the state’s to deal with these issues. Now that she is Home Security Director, she has stopped funding of the border fence. She has done nothing to stop illegal immigration! It is horrible that a rancher was recently murdered because of our failure to protect our sovereignty. As someone who lives close to the AZ/Mexico border and have seen firsthand the effects of illegal immigration, I welcome any steps our legislature is now taking to address this problem.

    32. nammer says:

      People that do drugs. Have to buy it, im sure they can’t work. So some steal . Some sell drugs some there bodies .Sell wepons to mexicans for drugs. They help mexican dealers transport drugs for them They get a littlle drugs and a little money.Keep them hooked and they will be puppets for the cartels. WE have to do something about the demand for the drugs.And look around your citys and towns.Report if you see something going on illegal.Report people that you know doin’t have papers’ And at the same time make sure our borders well maned with troops and guns and that they need to stop the smugglers. We the people must let gongress know that we demand our borders protected.

    33. Carol, AZ says:

      Janet N.,

      Head of Homeland Security has turned out to be another puppeteer for the Obama administration sad but true.

      When Gov. Brewer sighs into law the passage of this major legislation it will send a message to the other 49 states on all levels dealing with the same issues.

      It is my hope that they will get pro-active as well. .

      This law which is clearly about law enforcenment and will set a precedence in the law for state's rights.

      We have terrorism going on at the borders on all levels.

      BUT you never hear the press mention this word during their reporting .

      I would like to also thank the brave men and women who are holding the line for all of us doing very dangerous work at our border.

      I also want to thank the ATF, ICE, and all other Federal law enforcement agencies that have been begging for re-enforcements for months and reporting the facts about this out-of-control problem that our leadership has ignored completely.

      Brava for Gov. Brewer and the state of AZ.who had the gutts to enact a law and protect their own citizens.

    34. G Sayers says:

      IF YOU CROSS THE NORTH KOREAN BORDER ILLEGALLY YOU GET 12 YEARS HARD LABOR.

      IF YOU CROSS THE IRANIAN BORDER ILLEGALLY YOU ARE DETAINED INDEFINITELY.

      IF YOU CROSS THE AFGHAN BORDER ILLEGALLY, YOU GET SHOT.

      IF YOU CROSS THE SAUDI ARABIAN BORDER ILLEGALLY YOU WILL BE JAILED.

      IF YOU CROSS THE CHINESE BORDER ILLEGALLY YOU MAY NEVER BE HEARD FROM AGAIN.

      IF YOU CROSS THE VENEZUELAN BORDER ILLEGALLY YOU WILL BE BRANDED A SPY AND YOUR FATE WILL BE SEALED.

      IF YOU CROSS THE CUBAN BORDER ILLEGALLY YOU WILL BE THROWN INTO POLITICAL PRISON TO ROT.

      IF YOU CROSS THE U. S. BORDER ILLEGALLY YOU GET:

      1 – A JOB,
      2 – A DRIVERS LICENSE,
      3 – SOCIAL SECURITY CARD,
      4 – WELFARE,
      5 – FOOD STAMPS,
      6 – CREDIT CARDS
      7 – SUBSIDIZED RENT OR A LOAN TO BUY A HOUSE,
      8 – FREE EDUCATION,
      9 – FREE HEALTH CARE,
      10 – A LOBBYIST IN WASHINGTON
      11 – BILLIONS OF DOLLARS WORTH OF PUBLIC DOCUMENTS PRINTED IN YOUR LANGUAGE

      Arizona has taken the first step to stop the insanity! I commend Arizona’s effort to resolve the problem in their state.

      It was stated that by “The economy will suffer.” There may be a immediate affect, but like medicine, it takes a little time to cure the cause. At least the sate of Arizona is fix the cause, and not just feeding money to the symptom.

      Let’s take back America for Americans and their children!!!! Our American children have been sacrificed to the alter of political correctness and diversity for way to long. Let’s get back to basics… eliminate the cause!!!!

    35. Mojo AZ says:

      Hmm?

      STORY was posted on April 14th, 2010 at 1:54pm

      30 comments left on April 14th, 2010 at 1:54pm

      Something wrong here seems like it would take more than a minute to read story, comments, and reply. Auto-Generated "fake" debate or a re-post typo. IDK

      This is a very tense issue in troubled times. This bill to anybody who could imagine a world where cops are asking for peoples papers is pretty scary. There are illegal immigrants who overstay work or vacation visas that come from every country out there. If the cops do what they say and don't discriminate, then that would lead me to believe that we are all to be wary about traveling around Arizona without our PAPERS.

      I had a trucker one time swear that I accent sounded like I was from east Europe or something foreign. He asked me if English was my first language and where I was from. I told him " my accent is a mixture of Arizona, Missouri, and Georgia". True blooded Americans will be mistaken and discrimination will abound and be a daily part of life here in Arizona if our governor doesnt VETO this bill. If she doesn't sign it before Saturday it still goes into affect. Janet our Governor that was voted in by the people Vetoed similar bills in the past. This one seems to being rammed through after a tragic death of a rancher on the boarder. There is a WAR on the Boarder that is where the focus should be. The illegal crimes of the Mexican and American troops and border patrol.

    36. us citizen, united s says:

      AMERICA NOW 49 STATES

    37. us citizen, united s says:

      YOU DON'T NEED A PASSPORT TO TRAVEL IN THE US. AZ IS NO LONGER IN THE US. US MEANS UNITED STATES AND YOU ARE NOT UNITED IF YOU NEED PERMISSION TO BE IN AZ OR PROOF OF. BAN FEDERAL FUNDING TO AZ. BRING IN THE MILITARY TO REGAIN CONTROL OF OUR COUNTRY. ARREST BREWER FOR VIOLATING THE CONSTITUTION

    38. us citizen, united s says:

      SHAME ON YOU BREWER AND JANET FOR NOT TAKING MORE CONSIDERATION TO OUR CONSTITUTION. SHAME ON YOU JANET FOR NOT MANDATING THE SHERIFF LEAVE FEDERAL MATTERS IN FEDERAL HANDS. SHAME ON YOU!!!! OBAMA SHAME ON YOU FOR NOT TAKING ACTION SOONER AND SHAME ON YOU FOR ELECTING JANET HEAD OF NATIONAL SECURITY WHEN SHE COULDN'T CONTROL HER OWN STATE.

    39. us citizen, united s says:

      AMERICANS REFUSE TO PAY TAX TO A STATE THAT IS NOT IN THE UNION. ALSO WE WONT PAY FEDERAL TAX FOR WORK DONE OUT OF THE UNION. IE ARIZONA.NO TAX, NO FEDERAL FUNDING!!!!!

    40. us citizen, united s says:

      LIVE FREE OR DIE!!!

    41. Carol, AZ says:

      U.S. Citizen you are clearly confused.

      This is about the state of our union in AZ who is fighting for all states rights keeping our borders secured.

      We are a border state with a foreign country that has a full scale war going on.

      Added to that,

      many other S. American countries thrown-in for the control of the flow of their well marketed products.

      We are losing this fight since we are under funded, under man, withourt the necessary military style epuipment , not enough air cover, adding to very dangerous work for all border personnel operting under staffed.

      All requests for National Guard troops ignored.

      To date over 10,0000 people have been systematically murdered by the drug cartels on BOTH SIDES OF THE BORDER..

      Do you think this is terrorism? or about Federal dollars?

      I leave you to decide which way this is going, for the safety of all Americans..

      This is everyone problem and AZ has been holding the line as best we can with NO HEILP from DC,.

      As for your rambling on about "Federal dollars",

      We have begged for re -inversement funding for the five prison we hold all those violent offeneders that are now here , from a foreign country and not where you are, which we pay for as AZ citizens.

      By law ,The Federal GOV't'S responsibility is to give our state $$$ reinversements for the cost of $35,000 per prisoner, times five prisons, times thousands incarerated here. (not received)

      If you are worry about Federal funding dollars going in the wrong direction, You may want to check out the Fed. funding going to all cities under the status of Sanctuary.

      Any state in the USA, receiving FEDERAL dollars that is now sanctuary status must has their funding revoked.

      It is in direct violation of all Federal Laws on immigration.

      Every major city in CA is now a Sancturary including the state Capital. .

      So you can understand that their is so much dulpicity going on and ignored by all Dems. and most Reps over all aspect of this issue.

      Once again we are trying to control our border with a foreign country that is engaged in a full blown war.

      Wish us luck… we , you, an the rest of the U.S. will certainly need it.

    42. Happy life says:

      I just want to say some day it will be not borders , this is a mens laws , we will be just one family when the Lords comes

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