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Friday, April 30, 2010

Arizona's New Immigration Law

Arizona recently passed, and signed into law, “strict new” immigration legislation which has brought the State under fire and thrust it into the national spotlight this week. The truth behind this legislation is that it is hardly new and considerably less strict that the opponents would have you believe. Open border advocates are incensed that Arizona would have the nerve to pass a law that basically says that something that is illegal is, well, illegal. The armies of the left are shouting accusations that Arizona has adopted Nazi tactics and will be asking people walking down the street for their “papers”. Cities like San Francisco and Los Angeles are calling for boycotts against Arizona as if California still has enough industry left after their experiment with Progressivism to make all that much of a difference to Arizona. In fact, I think that if Arizona continues down the path of Conservatism and adopts some “business smart” tax policies, they could easily capture what business California has managed to hold on to while that State imposes more ridiculous regulations, falls deeper in debt and taxes climb even higher. Hey, in Arizona you can still get a McDonald's Happy Meal with a toy!

The law Arizona passed is nearly an identical copy of existing Federal law but unlike “Big Brother’s” edition, the Arizona law specifically prohibits race as a consideration. Those subjected to scrutiny under this new law must have been stopped by the police for an obvious infraction of existing law or must be displaying suspicious behavior. Once contact with law enforcement has been made, the police must also have a reasonable suspicion that the subject is in this country illegally before asking for identification, excluding race as a cause for suspicion. Of course, that is the part of the story that the main stream press and open border proponents have intentionally left out of their description of what Arizona has done.

There will be no swarms of police harassing Latinos on the streets of Phoenix; there will be no door to door searches of private property and there will be no traffic stops to check citizenship. Arguably, there are some police officers that have engaged in behavior that is prohibited under department rules and in some cases, race was clearly the motivation. That is a sad state of affairs wherever it happens and it has happened all over America at one time or another. While the media would have you believe that this is standard procedure for most police departments the truth is that this is not representative of the vast majority of police and the explosion of camera phones and digital video recorders have been very effective at exposing those individuals and removing them from duty.

The safeguards against racial profiling present in the Arizona law will actually serve to spotlight police officers that believe they can act with impunity and abuse the power they have been given. With every civil rights organization focused on finding those abuses, is there any doubt that the slightest infraction will not be met with a torrent of legal challenges and in the prosecution of the offending officer? In fact, Arizona may well turn out to be the best place in the country for lawful immigrants as police abuses in other cities are dismissed as meaningless because of their enlightened laws where immigration status is concerned. Let’s face it, burglars don’t break into a house across the street from a police station; they go where no one is looking and all eyes are on Arizona right now.

The President has called Arizona’s new law “misguided” and that it only illustrates the need for the Federal government to enact comprehensive immigration reform before other States follow suit. Attorney General Eric Holder is exploring the possibility of challenging the law in court and Senator Lindsey Graham (R-SC) has said that he believes the Arizona law is unconstitutional. This only displays their lack of understanding of the law that Arizona has passed. Since it is based on existing Federal law, if the Arizona law is unconstitutional and violates civic rights, so does the Federal law. This is little more than political posturing. Lindsey Graham, a Progressive Republican, has long pushed for an amnesty program that would grant legal status to the hoards of people that have already broken American law to be in the United States but we’ve tried amnesty before; haven’t we? The purpose of the last amnesty program was to prevent the hardships that illegal immigrants would face after they had already established a life in this country if they were sought out by new immigration laws and repatriated.

We granted amnesty to those illegal immigrants that had maintained residence in the United States for at least five years with the understanding that we would improve border security and provide for effective enforcement of immigration law in the future. So far, the Federal government failed miserably in its responsibility to secure our borders and that is the reason for Arizona’s new law. Isn’t it funny that one of the things that Congress is clearly responsible for, the defense of the nation, has taken a back seat to healthcare reform, Cap and Trade and the takeover of General Motors; none of which can be found in the Constitution. Clearly, if you want actual examples of misguided legislation, you must look to Washington, not Arizona.

In recent years, Arizona and other Border States have been inundated with a virtual tidal wave of violent criminal activity because of the drug wars in Mexico. In the absence of any meaningful act by the Federal government to prevent this flood of drugs, criminals and yes, innocent Mexican citizens seeking asylum from the brutality of lawless drug gangs in their home land, Arizona was forced into action to preserve law, order and quality of life. Those that are opposed to the law either do not understand its limitations or are located a comfortable distance from the war zone brewing at the Arizona border and just don’t give a damn. The Mexican government is, and always has been, a bad partner in eliminating these problems and has actually encouraged illegal immigration into the United States rather than take the next logical step towards their own legitimacy. When Arizona police have found illegal immigrants, they have never been able to count on the Mexican government to provide accurate information about criminal history and that is what has cast a cloud of suspicion over all illegal immigrants.

Arizona has long been tolerant where immigration is concerned and aside from the questionable activities of the Maricopa Sherriff’s department, has provided a safe and beneficial environment for people seeking a better life. Most of the residents of Arizona go about their lives with out race as a consideration and we have been able to build a pretty decent life here with a level of diversity that most of the country would find baffling. Truth is; we don’t care. What we do care about is crime and how that affects our families. The drug gangs waging war in Mexico are particularly brutal and have no consideration for human life and the Federal government has offered no help against their intrusion into Arizona.

Did it help that Attorney General Eric Holder intruded to make sure that three members of the infamous MS13 (Mara Salvatrucha) gang would not receive the death penalty? The three were in the United States illegally, were arrested in Virginia and charged with murder and conspiracy. As Federal prosecutors were preparing their case, Holder stepped in and instructed them not to seek the death penalty. Holder refused to comment on what prompted his involvement in this case but apparently he believes that Michigan militia men and Arizonans are far more dangerous than your run of the mill, murder for hire foreign drug gangs or international terrorists for that matter.

It is this insane posture assumed by the Federal government that forced Arizona to take unilateral action. If we are to be left to protect ourselves by a disinterested Washington, then they should not be surprised when the people on the front lines actually take action. Los Angeles’s reaction is a little surprising since they have had some of the same issues with their shared border with Mexico. San Francisco had previously announced that they are a “sanctuary city” and would not cooperate with Federal immigration law so who cares what kind of immigration problems San Francisco has. Sanctuary was really only a fun little political ploy but seriously, considering where they are located, who could they possibly be getting flooded with; Oregonians?

Maybe that is where the real racism is in all this? Los Angeles was very quick to denounce Arizona and has called for a boycott of Arizona businesses even though the law was carefully crafted to avoid any possibility of racial profiling. Is it because they believe Arizona’s new law is that outrageous or is there a real fear among Los Angeles politicians that illegal immigrants residing in Arizona may leave the State to avoid deportation and show up in L.A.; posing an additional burden to their local services? Why hasn’t the “sanctuary city” of San Francisco extended their hand to welcome this wave of refugees they have claimed will be driven from Arizona?

Well, to anyone that is in Arizona illegally all you need do is obey the law, respect your neighbors and you have nothing to fear. In fact, I’ll probably see you at the next county fair. If obeying the law is something that is a problem for you, then I would suggest you head to the sanctuary city of San Francisco. They have already said they would not cooperate with Federal immigration enforcement so that is your best chance to avoid capture and deportation.

Paul

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