As I read more into the legislation, I'm starting to move away from a support position. I'm now on the fence. Here's part of the reason why:
Federal law makes illegal presence in the US a civil violation that is deportable, not a criminal violation that is convictable. The AZ law criminalizes an illegal presence, meaning that those who are accused must also be accorded the full protection and support of the AZ legal system. Plus, AZ law enforcement officials will also be required to show probable cause that resulted in demanding proof of status.
I love any effort to eliminate illegal aliens from the country - especially with the awful criminal activities that illegals are spreading throughout AZ - but I don't know that this bill is a viable solution. I'm beginning to suspect that this legislation has a different purpose - probably related to influencing opinions and driving some alternative agenda that most folks are not considering. I don't know what that is (yet) but I do suspect that this legislation is not workable and is meant for something else, such as using border collapse/failure to justify some larger integrated Mexico/US economic agenda.
The cost and scope of enforcing this is probably too large for AZ to swallow. I'll be paying closer attention and I'll post my thoughts as we move forward.
Federal law provides that any alien who 1) enters or attempts to enter the U.S. at any time or place other than as designated by immigration officers, 2) eludes examination by immigration officers, or 3) attempts to enter or obtains entry to the U.S. by a willfully false or misleading representation is guilty of improper entry by an alien
. For the first commission of the offense, the person is fined, imprisoned up to six months, or both, and for a subsequent offense, is fined, imprisoned up to 2 years, or both (8 U.S.C. § 1325).
SB1070 - 492R - Senate Fact Sheet
Thats from SB 1070
(a) Improper time or place; avoidance of examination or inspection;
misrepresentation and concealment of facts
Any alien who (1) enters or attempts to enter the United States
at any time or place other than as designated by immigration
officers, or (2) eludes examination or inspection by immigration
officers, or (3) 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, shall, for the first
commission of any such offense, be fined under title 18 or
imprisoned not more than 6 months, or both, and, for a subsequent
commission of any such offense, be fined under title 18, or
imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to
enter) the United States at a time or place other than as
designated by immigration officers shall be subject to a civil
penalty of -
8 U.S.C. § 1325 : US Code - Section 1325: Improper entry by alien
Thats from US Code
17. Classifies the violation as follows:
a) a class 2 felony if the person commits the violation while in possession of a dangerous drug, precursor chemicals used in the manufacturing of methamphetamine, a deadly weapon or dangerous instrument or property that is used for committing an act of terrorism;
b) a class 4 felony for a second or subsequent offense or if the person, within 60 months before the violation, accepted a voluntary removal from the U.S. or has been deported;
c) a class 1 misdemeanor in all other cases.
Thats also from SB 1070
The source of this authority flows from the states status as sovereign entities. They are sovereign governments possessing all residual powers not abridged or superceded by the U.S. Constitution. The source of the state governments power is entirely independent of the U.S. Constitution. See
Sturges v. Crowninshield, 17 U.S. (4 Wheat.) 122, 193 (1819).
There is nothing in the Arizona Law that modifies existing Federal Law nor does it over-rule it, it simply seeks to enforce it.
I'm sorry, but you appear to be too stupid to talk to...keep your non sequiturs to yourself.
