Thursday, May 20, 2010

For what it's worth, here is the text of the Arizona revised statute 11-1051 (the immigration bill all the uninformed sheeple are so distraught about). I omitted sections G-K which discuss court fees and expenses and are not relevant to the debate over what this law allows. The whole thing, including all the various drafts, Arizona House & Senate versions etc. may be viewed at http://www.keytlaw.com/blog/2010/04/anti-illegal-immigration-law-part-1/

Here it is:

A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.


B. For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person’s immigration status determined before the person is released. The person’s immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:

1. A valid Arizona Driver’s License

2. A valid Arizona non-operating identification license

3. A valid tribal enrollment card or other form of tribal identification

4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification

C. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.

D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who the agency has received verification is unlawfully present in the united states and who is in the agency’s custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. a law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.

E. In the implementation of this section, an alien’s immigration status may be determined by:

1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.

2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).

F. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.

2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.

3. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and Nationality act.

4. Pursuant to 8 United States Code section 1373 and 8 United States Code section 1644.

4 comments:

  1. Perhaps our great friend from south of the border should take a look at the laws in his own country, before coming here and bashing the laws of one of our states, on the floor of our capital, in front of our government and the American people. As for those politicians who gave him a standing ovation for this, they should be ashamed of themselves. In my opinion, by standing with a foreign government (which Calderon, as Mexico's President, was representing) against one of their own states, they have made themselves enemies of that state. In doing so, they have in turn made themselves enemies of the Republic as a whole. I may be mistaken, but isn't supporting a foreign power in its attempt to damage the country still considered treason?

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  2. In order to best illustrate the utter hypocrisy of President Calderon's objection to Arizona's new immigration law, we need to take a look at the immigration laws of Mexico. Mexico has the most stringent immigration laws on the continent. The following is a brief synopsis of what it says.

    Here is who Mexico allows to immigrate:
    • In Mexico legally;
    • Have the means to sustain themselves economically;
    • Not destined to be burdens on society;
    • Of economic and social benefit to society;
    • Of good character and have no criminal records; and
    • Contributors to the general well being of the nation.

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  3. The Mexican immigration law also ensures that:
    • Authorities have a record of each foreign visitor;
    • Foreign visitors do not violate their visa status;
    • Foreign visitors are banned from interfering in the country’s internal politics in any way; (forget illegals throwing big protests in the streets in Mexico)
    • Foreign visitors who enter under false pretenses are imprisoned or deported;
    • Foreign visitors violating the terms of their entry are imprisoned or deported;
    • Those who aid in illegal immigration will be sent to prison."

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  4. Here is what the Mexican immigration laws actually say:

    Mexico welcomes only foreigners who will be useful to Mexican society:
    • Foreigners are admitted into Mexico “according to their possibilities of
    contributing to national progress.” (Article 32)
    • Immigration officials must 'ensure' that 'immigrants will be useful elements for the country and that they have the necessary funds for their sustenance' and for their dependents. (Article 34)
    • Foreigners may be barred from the country if their presence upsets 'the
    equilibrium of the national demographics,' when foreigners are deemed
    detrimental to 'economic or national interests,' when they do not behave like
    good citizens in their own country, when they have broken Mexican laws, and
    when 'they are not found to be physically or mentally healthy.' (Article 37)
    • The Secretary of Governance may 'suspend or prohibit the admission of
    foreigners when he determines it to be in the national interest.' (Article 38)
    • Mexican authorities must keep track of every single person in the country:
    • Federal, local and municipal police must cooperate with federal immigration
    authorities upon request, i.e., to assist in the arrests of illegal immigrants. (Article
    73)
    • A National Population Registry keeps track of 'every single individual who
    comprises the population of the country,' and verifies each individual’s identity.
    (Articles 85 and 86)
    • A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91).

    Foreigners with fake papers, or who enter the country under false pretenses, may be imprisoned:
    • Foreigners with fake immigration papers may be fined or imprisoned. (Article
    116)
    • Foreigners who sign government documents 'with a signature that is false or
    different from that which he normally uses' are subject to fine and imprisonment. (Article 116)

    Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons:
    • Foreigners who fail to obey a deportation order are to be punished. (Article 117)
    • Foreigners who are deported from Mexico and attempt to re-enter the country without authorization can be imprisoned for up to 10 years. (Article 118)
    • Foreigners who violate the terms of their visa may be sentenced to up to six years in prison (Articles 119, 120 and 121). Foreigners who misrepresent the terms of their visa while in Mexico – such as working with out a permit – can also be imprisoned.
    • Under Mexican law, illegal immigration is a felony. The General Law on Population says,
    • A penalty of up to two years in prison and a fine of three hundred to five
    thousand pesos will be imposed on the foreigner who enters the country
    illegally. (Article 123)
    • Foreigners with legal immigration problems may be deported from Mexico
    instead of being imprisoned. (Article 125)
    • Foreigners who 'attempt against national sovereignty or security' will be
    deported. (Article 126)
    • Mexicans who help illegal aliens enter the country are themselves considered
    criminals under the law.
    • A Mexican who marries a foreigner with the sole objective of helping the
    foreigner live in the country is subject to up to five years in prison. (Article 127)
    • Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132)"

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