Senator Pearce responds to critics.

Senator Pearce's response to my weekend email volley. All the fonts, colors, etc. below are his, directly from the email. The content is intact and unaltered.

I respect him enough to let his comments speak for themselves, and not editorialize further on this post - I appreciate that he took the time to reply to my concerns, even though we deeply disagree.

----------------------

From: Russell K. Pearce <rpearce@azleg.gov>
Date: Mon, Apr 12, 2010 at 10:43 AM
Subject: RE: [Prison Abolitionist] Racist, Fascist SB 1070 "Illegal is not a race..."
To: Margaret Plews <mplews@asu.edu>

Illegal is not a race, it is a crime.  What disrespect you have for the law and for the damage to Americans.  This legislation simply takes the handcuffs off from law enforcement.   50% of homicides in Phoenix involve illegal aliens.  Enough is enough. 

“If it be asked, what is the most sacred duty and the greatest source of our security in a Republic? The answer would be an inviolable respect for the Constitution and Laws” — Alexander Hamilton.

A Congressional report indicates that 9,000 Americans are killed every year by illegal aliens.  25 per day, 12 by stabbings and shootings and 13 by DUI and related crimes.  That is just collateral damage to the deceptive, treasonous, open border crowd.  Enough is enough. 

Today the only reasons our immigration laws are not enforced are Political, not a lack of Authority.

The last four (4) Propositions I placed on the ballot in '06 passed by an average of 75% of our citizens. 

In accordance with the Unanimous endorsement of a Resolution by the State Republican Party and the Maricopa County Republican Party at their annual organizational meetings with over 1400 PC's present in support of our citizens Constitutional right to have our laws enforced and recognizing the damage in cost in crime and dollars to Arizona citizens and taxpayers.  No more Catch & Release.  We the legal and lawful citizens demand the enforcement of our laws. 

"SUPPORT OUR LAW ENFORCEMENT AND SAFE NEIGHBORHOOD ACT" 

1. Illegal Sanctuary Policies: Eliminates ALL sanctuary cities in this state and allows legal citizens the right to sue their government for violating this law. 

2. Trespass: Makes entering or remaining in Arizona in violation of federal law a state crime and "allows" law enforcement to arrest them on trespass violation or just call ICE to take them and deport them. (law enforcement's choice).  This allows them to hold those that are being investigated for serious crimes and not have deported before the investigation is completed.

3. Day Laborer Enforcement:  Makes it illegal for an illegal alien to solicit work (day laborers) and makes a misdemeanor for anyone with a license to do business in Arizona to pick up any day laborer without filling out a employment application.  Combined while committing a criminal act, makes it a state crime to aid, harbor, conceal transport or attempt to aid, harbor, conceal or transport an illegal alien for work with a mandatory impoundment of their vehicle under 28-3511 for 30 days.  With a mandatory $1000 fine per illegal alien being transported.

Closing our borders is a must; however it must be coupled with interior enforcement. 

Attrition by enforcement. 

Strict enforcement.  It is time to renew our efforts to end ALL sanctuary policies in our states and our nation: Require officials to fully enforce federal immigration laws of the United States. NO MORE TAXPAYER BENEFITS OF ANY KIND, No Amnesty, No retreat, No surrender.  We will take back America one state at a time.   It starts here!!!!! 

 My personal background in law enforcement has given me a unique and in-touch perspective with the needs and hazards experienced by rank-and-file police officers and the threats to our citizens. www.russellpearce.com

In this effort I am proud and delighted to have the support of: 

 (9 of 15 Arizona Sheriffs have endorsed   this legislation) 

ENDORSED BY:  Polls show 75/80% of Arizonans 

Arizona State Republican Party (by Resolution) 

Maricopa County Republican Party ( unanimous with over 1400 PC's present ) 

Maricopa County Sheriff Joe 

Maricopa County Attorney Andrew Thomas 

Pinal Co. Sheriff Babeu 

Mohave Sheriff Sheahan 

Yavapai Sheriff Waugh 

Cochise Sheriff Dever 

Gila Sheriff Armer 

Navajo Sheriff Clark 

Graham Sheriff Allred 

Greenlee Sheriff Tucker 

Az FOP 

Arizona Police Association 

Phoenix Law Enforcement Association 

Glendale Police Association (87% of officers in support)

Chandler Police Association

Scottsdale Police Association

Tempe Police Association

Mesa Police Association

Maricopa Deputy's Law Enforcement Association 

Border Patrol Officers Association 

Arizona Highway Patrol Association 

Col. Albert Rodriguez - You Don't Speak for Me 

Arizona African American Republican Club 

Arizona Republican Assembly 

The Pachyderms 

Anna Gaines - American Citizens United 

Arizona's Liberty Caucus 

NAILEM, American Citizens United 

NumbersUSA 

F.A.I.R., Team America 

9-11 Families For a Secure America 

ALIPAC, Sheet Metal Workers Union 

Cement & Plasters Unio 

Sheet Metal Union

and many more.

I cannot stand by and be a spectator to the death, maiming or damage to another police officer, citizen or taxpayer by an illegal alien because we refuse to enforce our laws and fail to put America and Americans First.

Simply enforce our laws and you will see less crime, lower taxes, smaller class sizes, shorter lines in our emergency rooms and reduce deaths, murders, maimings, drugs, home invasions, car jackings, kidnappings, jobs taken from Americans, reduced wages, an ultimately save the taxpayer billions of dollars. We cannot afford to "NOT" enforce our laws. Attrition by Enforcement.

This is the “only” law we allow our elected officials to put conditions on before our police officers can do their job. The only criminals that get conditional protection from our elected and appointed officials that dictate under what circumstances an officer may ask.  In many cities it requires another crime and another victim before action can be taken.

Citizens have a constitutional right to expect the protection of federal laws which prohibit unauthorized activities by non-citizens and are denied equal protection by law enforcement, police departments or magistrates when they fail to enforce those laws.

I PLEDGE TO CONTINUE TO WORK TO ELIMINATE ALL SANCTUARY POLICIES IN THIS STATE, SECURE OUR BORDER, STOP ALL PUBLIC BENEFITS TO THOSE HERE ILLEGALLY, PROTECT OUR NEIGHBORHOODS THE BOTTOM LINE IS: THE RESULT WILL BE LESS CRIME, LOWER TAXES, SMALLER CLASSROOMS, SHORTER EMERGENCYROOM LINES, SAFER NEIGHBORHOODS, AND JOBS FOR AMERICANS AND A RESPECT FOR THE RULE OF LAW.

Many of our Politicians and Police Chiefs are in complete violation of their Oaths of Office while citizens and taxpayers pay the price.

As former Chief Deputy of Maricopa County Sheriff's Office, former Judge and now a lawmaker, I witnessed a day that I couldn’t imagine: Police chiefs throughout the Valley stood together and proclaimed their opposition to enforcing the law in complete Violation of their Oath of Office, just days after Phoenix Officer Erfle was murdered by an illegal alien.

 I sat ashen as I watched the news reports.  The chiefs of police, including Phoenix’s Harris, former Mesa’s Gascon, stood at a Press Conference and publicly refused to enforce the law. Less than a month after the brutal murder of officer Erfle at the hands of an illegal alien, they snub the opportunity to make necessary changes, all for the sake of political correctness.

 Death and maimings of police officers & citizens by illegal aliens:
 Rob Krentz,  Officer’s Figueroa, Erfle, Atkinson, Sitek, Eggle, Collins, Epling, Deputy’s Pearce & Argetsinger, Sgt. Tapia, Martin, Fass, Kirpnick, Schechterle, Gilbert mother killed, Jason Iraq veteran, Mother a "legal immigrant" killed, triple homicide, 3 illegals beat pregnant woman, 5 illegals kill principal, Feds arrest 2,100 violent criminal aliens, deputy in hit and run, Trooper Shot to Death, Day laborer killed girlfriend's baby, Muslim from Bosnia - Killed 5 in crowded shopping mall, Sniper, John Lee Malvo, required by law to be immediately deported. Instead, released Malvo and his cohort killed 10 people, two disabled teenage daughters raped Salvadoran street gang, Dep. March killed, Tricia Taylor lost both her legs, 10 year old Walter Valenzuela murdered, Kimberley Hope murdered, 5 year old Ana Cerna murdered, Joseph Crummy murdered, Amber Merkle only 8, killed, Vinessa, 23, brutally raped & murdered, and the list goes on.
9,000 Americans killed each year, 25 each day, 12 by stabbings and shootings, 13 by DUI and related crimes (Congressional Report; Drawing a Line in the Sand).
Study: 1 million sex crimes by illegals; More than 100 sex offenders crossing border daily Deborah Schurman-Kauflin: Based on a one-year in-depth study, a researcher estimates there are about 240,000 illegal immigrant sex offenders in the United States who have had an average of four victims each.

 Police officers have the inherent authority to uphold city, state and federal law (the law is clear and the courts have codified that authority and the Constitutional authority is clear). These officers witness the harm done to innocent Arizonans on a daily basis while their superiors instruct them to ignore their oath of office. Officers on the street have the legal authority, will and desire to enforce the law but the hierarchy stands against them, more interested in PC and harboring illegal aliens, rather than doing their job of protecting lawful citizens and that of “Public Safety”.

 The more than 800,000 state and local law enforcement officers in the United States constitute a vital force multiplier. Most importantly, state and local police officers represent a critical line of defense in the war against terrorism. In the six months before 9/11, there were four tragic missed opportunities to arrest the leaders and pilots of the 9/11 terrorists. Had the federal government acquired & disseminated information about basic civil immigration violations to local law enforcement through the NCIC system, several terrorists might have been arrested, and the 9/11 plot might have unraveled. The 4 ring leaders all had been stopped by law enforcement just prior to 9/11 and all in violation of immigration law. As George Santayana reminded us: “Progress, far from consisting in change, depends on retentiveness. . . . Those who cannot remember the past are condemned to repeat it.”

 While “We the People” debate the action or lack thereof from the federal government, our cities, neighborhoods, our streets have turned into war zones. Legions of illegal alien gangs fight for the right to smuggle drugs and people. An illegal alien pulled over by police for a traffic offense has no worries about facing anything more than a small fine, many of our Chiefs prefer to wait until they kill someone of commit a serious felony. A congressional Homeland Security Committee report estimates that illegals kill over 9,000 Americans a year; annually they kill twice the number of Americans than the brave soldiers who have lost their lives in Iraq to date.

Many of these have prior contacts or arrests and still remain in the U.S. Enough is enough. Had our laws been enforced 9-11 probably would have been averted.  4 of the 5 pilots and main conspirators in the 9-11 terrorist attack had contact with law enforcement and were released, all in violation of our immigration laws.

After years of witnessing the increase in crime, it is inexcusable for our Valley’s police chiefs to maintain their sanctuary policies. We can not stand by and tolerate them putting the rights of non-citizens above citizens.

 Every day the cost of ignoring the border increases tax fraud, identity theft, and property crimes, a burden on Arizona residents; billions to educate, medicate and incarcerate; but the irreversible cost of violent crimes can not be endured any more.

 Police chiefs in this state are more interested in putting handcuffs on their officers than illegal aliens.

Arizonans have spoken loudly and yet they refuse to listen:

 In '04 I put a Citizens Initiative on the ballot, requiring proof of citizenship & ID at the polls to vote (a terrible blow to ACORN in their registration drives), and denying public benefits to illegal aliens; in '06 I put 4 Referendums on the ballot, and in Nov. by a 75% average citizens passed Propositions 100, denying bail to illegals who commit serious felonies; 102, denying punitive damages to illegals; 103, making English Arizona's Official Language; and 300, denying public benefits to those in our country illegally.

We also passed at the legislature the toughest Worksite Enforcement bill in the nation, "The Fair and Legal Employment Act".

I am not sure what part of "illegal" they don't understand, but finally the citizens are standing up and demanding we tackle the problem of illegal immigration. Let's take the handcuffs off from our police officers; Arizona will finally be able to give away its title as a crime capital of the United States.

By allowing our cops on the beat to do their jobs, they could be responsible for the one of the largest crime reduction programs in state history.

Those that refuse to follow their constitutional duty or live up to their oath of office should be forced to step aside and make way for honest, hard-working law enforcement officers that know their job and cost of not doing it. Your Mayor and City Council would have to do their job first.

 If we must, let’s take it to the voters by initiative in states that have a citizen’s initiative process. I trust the voters to have the final say.

Resolution to Enforce Our Immigration laws and Secure Our Border:

Whereas, The Arizona Republican Party recognizes, “If it be asked, what is the most sacred duty and the greatest source of our security in a Republic? The answer would be an inviolable respect for the Constitution and Laws” — Alexander Hamilton.

Therefore, be it resolved by the Arizona Republican Party of the State of Arizona:

1. Establishes that there is a significant public interest in the effective enforcement of immigration law & the states are bound by the Supremacy Clause of the United ‘States Constitution to enforce violations of the federal immigration laws:

2. The illegal alien invasion has a corresponding increase in violent crimes, gangs, threat to public health, billions in cost to the taxpayer, jobs taken from Americans; and

3. Demands the elimination of all sanctuary policies in the state of Arizona and require the enforcement of our immigration laws & require law enforcement to turn over to federal authorities for removal from the United States all illegal aliens & where necessary tried and punished for criminal activity before removal.

4. Require state officials to take action that would secure the Arizona – Mexico border including putting the National Guard in a primary role on the border.

5. That all agencies and employers ensure compliance with all federal and state laws and regulations related to the immigration status of all employees.

Opposed to these rationalizations are the facts: (Gilbert Office after arresting an illegal alien on a traffic stop found him to be wanted on a homicide warrant, yet he had his Matricular card)

•     We spend about $1 billion annually in K-12 on illegal aliens
•     Arizona #2 in the World in kidnappings

·         Illegal alien abuse of our medical facilities has forced many to close

·         Illegal aliens use our deserts to dump their non-degradable garbage

·         Through increases in taxation, our representatives are stealing our property in order to redistribute our wealth to illegal aliens.

·         In the U.S., 26 citizens a day are killed by the actions of illegal aliens

·         Services we are required to provide to illegals are bankrupting our states and lowering our quality of life and quality of education

·         Tucson public schools use race based ethnic study courses to denigrate the U.S., inculcating loyalty to Mexico

·         Abetting illegals enables the culture of corruption they bring to grow: Kidnapping, ID theft, drug wars, murder, vehicular manslaughter, gangs, graffiti, drop houses, hostage taking, blackmail, rape and death during transport of illegals, home invasions

·         voting for sanctuary cities allows potential terrorists, who are illegals, to walk our streets with impunity (4 of the 5 leaders and pilots of the 9-11 terrorist were stopped by law enforcement and released and were in violation of our immigration laws.  Had they been arrested 9-11 would have been averted.

FASCIST SB 1070: Russ Pearce's Laments.

"Illegal Employers": That's a new phrase to me. Wonder if the SBA has heard it and how they like it. 

Anyway, not to worry any more about this horrible legislation, folks – Pearce is already on top of our concerns – we just need to trust him to be acting in “our” “best interests” since he’s clearly a proven American patriot. After all, look at all his years of public service and the legislation he’s already passed. He makes such a good argument that he should be more respected, that I bolded it in red letters below for you.

It will take us at least a generation to undo the damage that his good work has done to Arizona families and communities…and some can never be healed.


Please tell your legislators to shoot this bill down.

---------------- From: russellpearce.com  (April 10, 2010 7:47pm) ----------------------------

Friends, 

Some concerns have been raised with portions of the legislation I have introduced, SB 1070 safe neighborhoods; immigration; law enforcement (that will known as:  Support Our Law Enforcement and Safe Neighborhood Act).  

I would like you all to know that I have made a good faith attempt to address any legitimate issues in a manner that I feel will not weaken the legislation while hopefully still addressing  your concerns. 

As you know we have to examine each issue as it relates to real world implications and from a perspective that will provide judicial clarification if any challenges are brought against this legislation. 

I would like to take this opportunity to clarify exactly what issues have been raised and how they will be addressed in the Floor Amendment sponsored by Representative Biggs on behalf of myself.  

Provisions of the Biggs Floor amendment:

What about states that issue licenses without confirming legal presence?

v     The Biggs amendment clarifies that federal, state or local government-issued ID only provides a presumption of innocence if the entity requires proof of legal presence.

Does local law enforcement have jurisdiction to transport an illegal alien across state lines?

v     The amendment requiring judicial authorization before transporting an illegal alien out of the state, to ensure that law enforcement is complying with federal requirements.  

Are there any provisions that may “open the door” for implementation of REAL ID?

v     The amendment statutorily prohibits the implementation, authorization, or establishment of REAL ID alleviating any concerns raised by the language.

Will this law create a scenario where cities and counties are continuously battling frivolous lawsuits, including lawsuits from people all across the country?

v     The Biggs amendment stipulates that only legal Arizona residents may brings actions against sanctuary cities and requires and loser pays all reasonable cost and attorney fees. 

NO ONE fights any harder for freedom, limited government and public safety than I do.  Our laws must be enforced, our borders must be secured and citizens have a Constitutional right to this protection under our laws and our Constitution.  I will continue to defend States Rights and our Constitutional liberties.  We must support our law enforcement officers in the protection of Life, Liberty and Property, that includes the rule of law.  

I have two legal opinions which are attached.  However, in spite of this, some folks continue to promote concerns that are not in the bill and are already prohibited by law and the Biggs amendment will even make clear and prohibit Arizona from participating in any form of national ID. 

I have spent several hours working with Governor's Office, F.A.I.R. to address these concerns and others.  I have put words in which will be in the amendment Tuesday, April 13th, prohibiting a form of National ID or radio chip of any kind as indicated in the Obama plan for new ID. 

I also will strengthen the civil rights provision that is already in the bill to prohibit any racial profiling.  I have also strengthened other areas of concern.  I also added language to make sure the verification of information is about aliens and the transportation part is for those in furtherance of an alien remaining in the U.S. such as sanctuary movements or smuggling and NOT a little ole lady taking someone to church or a good Samaritan or any emergency medical needs.  In 25 years there has never been a prosecution of anyone for simply taking someone to church, a church outing, boy scout outing, etc.  I am disappointed some continue to ignore the simple and plain language in the bill.  

SB1070 is the most comprehensive enforcement bill in the nation, it will remove all "illegal" sanctuary policies that exist in many of our cities, and it will allow law enforcement to enforce our immigration laws as intended.

I guarantee this will save lives, American jobs, reduce the cost of government, improve neighborhood safety, improve congestion, move toward smaller classrooms, shorter lines in emergency rooms, reduce rapes and molestations and reduce the number of deaths and maimings of our citizens and more.

Please note that Phoenix has had a more than 50% reduction in homicides this year over last year, after we passed employer sanctions and other illegal alien legislation, and our illegal alien population has decreased by twice the national average in the past two years saving lives and hundreds of millions of dollars in services.

SB1070 will add a "trespass" provision to law enforcement giving them the ability to hold an illegal alien under state law if need be or to just a phone call to ICE and turn them over to ICE.  This provision will allow our law enforcement folks to complete investigations on a suspect and not allow them to be deported before the investigation can be completed.  It also goes after illegal employers and illegal aliens soliciting work and provides for law enforcement to more easily enforce public safety issues on busy streets.

AS I have promised: SB1070 will be amend to clarify issues of concern, but will not be weakened so it jeopardizes our ability to enforce our laws appropriately and withstand future court challenges by the normal suspects.  

(The civil rights activists, you mean? - this italicized comment inserted by Peg. Words below are his, though...)

I must admit, I am disappointed in some folks who have expressed unwarranted concerns in my opinion.  I have worked for over 30 years to protect states sovereignty and in defense of our Republic as intended by our Founding Fathers.  You would think after years and years of caring the torch of freedom, states rights, limited government, in defense of Constitutional government in defense of Life, Liberty and Property some would have a little more trust. 

To be sure, I have asked for additional legal opinions and have been assured by several competent independent Constitutional attorneys, legislative council attorneys and the Maricopa County Attorney's Office that my interpretation is correct.  However, I want to be very clear and will add language to eliminate those concerns as best as I can.

We have already passed legislation to prohibit the State of Arizona from participation in any kind of National ID or Real ID Act and it is current law.  This bill did not and does not change that.  Having said that, I will put language in the bill that enhances the clarity on these issues of concern and make it very clear that nothing in this bill will allow Arizona to be a part of any national ID program. 

There will be similar language to deal with concerns over improper or prolonged detention.  I have had Legislative Council and the Maricopa County Attorney's Office examine this legislation and both have assured me it does allow for any kind of National ID or expand ID requirements in any way.  I have also attached the letter from the MCAO that answered my questions.  I am also pasting the legal opinion from the Arizona Legislative Council at the bottom of this email.

I will make some changes (in the Biggs amendment) to protect the first responders and those good Samaritans transporting illegal aliens (little old ladies taking someone to church) are not in jeopardy in any way.  They are not now under this bill, because they must be committing an additional criminal offense to the state law to be so charged, but I will make it even clearer in the new language.

We should be able to have this bill heard the first of next week on the House floor for COW and 3rd Read.

I will keep you appraised on our progress.

For Liberty,

Russell

Racist, Fascist SB 1070 "Illegal is not a race..."

If that's true, I must be lost. I thought this was Arizona.

Here's the latest Pearce Alert on his racist, fascist legislation, SB 1070...Be there or otherwise lift your voice by Tuesday, April 13 to register your resistance to this repulsive effort to trump local sovereignty and communities trying to prioritize their law enforcement resources without Pearce's interference...this thing has implications for all of us - citizens, too.

Pearce et al are not representing a LOT of us in Arizona these days...we are not all fascists and racists.

The Press Conference Tuesday noon might be fun - media will be there!

-------------------------------------from www.russellpearce.com -----------------------
.

Hello ,

SB1070 Will be heard in the Arizona House of Representatives Tuesday afternoon, April 13th.

This is the best and most comprehensive immigration enforcement bill in the nation.  I would appreciate it if you would send this to your list. This is an important bill. I need calls and e-mails. I have a firm commitment from the Speaker to have the bill 3rd read next Tuesday.  I need to make sure our Republicans stay firm for the rule of law.    Illegal is not a race, it is a crime.   

Next Tuesday, I also will be holding a Press Conference at noon and an all afternoon hearing on border violence along with Ranchers and Farmers from the border and the cost of our open border to citizens. 

 

Please email support to the House of Representative for SB 1070; it should be up for 3^rd and final reading next Tuesday.

http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1070

SB 1070       immigration; law enforcement; safe neighborhoods

 Sponsors 

**PEARCE R	P	GRAY C	P	GRAY L	P	ANTENORI	P	BARNES	P
GOWAN	P	HENDRIX	P	KAVANAGH	P	SEEL	P	ALLEN S	C
BURNS	C	GORMAN	C	HARPER	C	HUPPENTHAL	C	LEFF	C
MELVIN	C	NELSON	C	PIERCE S	C	TIBSHRAENY	C	VERSCHOOR	C
WARING	C	ASH	C	BIGGS	C	BURGES	C	COURT	C
CRUMP	C	LESKO	C	MASON	C	MCLAIN	C	MONTENEGRO	C
MURPHY	C	NICHOLS	C	REAGAN	C	STEVENS	C	WEIERS J	C
WEIERS JP	C	YARBROUGH	C

Purpose: Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws.  Establishes crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties.

Enforcement of Immigration Law

·          Prohibits officials and agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.

·          Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.

·          Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.

·          Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.

·          Specifies that a person is presumed to be lawfully present if the person provides any of the following:

Ø        A valid Arizona driver license.

Ø        A valid Arizona non-operating identification license.

Ø        A tribal enrollment card or other form of tribal identification.

Ø        A valid federal, state or local government issued identification.

·          Requires that if a person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP). 

·          Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.

·          Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:

Ø        Determination of eligibility for any public benefit, service or license. 

Ø        Verification of any claim of legal domicile if legal domicile is required by law or judicial order.

Ø        If the person is an alien, determination of the person’s compliance with federal registration laws.

Ø        Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.

·          Allows a person to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

·          Allows the court to order any of the following, if there is a judicial finding of a violation:

Ø        That the person who brought the action recover court costs and attorney fees.

Ø        That the entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions. 

·          States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.

·          Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.

·          Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.

Fascist Architecture at the AZ Legislature.

This is what I was talking about: fascism. I bet a lot of Arizona's legislation is crafted in part by folks from ALEC, isn't it? Big private/public partnership that has absolutely no one's interests at heart except their own, going around the country posing as experts and tweaking laws to make our lives harder, and their privilege more easily excused. They have no idea what bad fallout has been hitting the rest of us in the real world as the result of their policies...

Or maybe this is exactly what they intended. After all, they have their own investments in seeing the private prison business take over for government, and making sure they keep us all under control. This is one more mechanism of asserting their control over our ability to resist - threatening us like this. I can't believe state employees would let them get away with it.

-----

Bill would restrict political activity of government employees

By Jim Small - jim.small@azcapitoltimes.com

Published: February 23, 2010 at 7:50 pm

Teachers who gathered at the Arizona Capitol last year to protest budget cuts wouldn’t be able to do so again unless they took a vacation day under a bill approved by a House committee Feb. 23.

The House Public Employees, Retirement and Entitlement Reform Committee approved a measure Feb. 23 that would prevent government employees from lobbying lawmakers, participating in protests and rallies and conducting political activity during work hours. The bill would apply to all levels of government in Arizona, including school districts.

The bill, H2344, mirrors a similar federal law known as the Hatch Act, said its sponsor, Rep. Frank Antenori.

“It does not prohibit free speech,” the Tucson Republican said. “What I’m talking about is someone who comes up here (to the Capitol) on government time for their own, personal political purposes.”

However, David Mendoza, a lobbyist for the American Federation of State, County and Municipal Employees union, said the law isn’t needed. State government employees are already prohibited from engaging in political activity while on the clock, he said.

Plus, Mendoza said, the measure would silence government employees who want to have their voice heard, while government lobbyists would be exempted.

“If the intent is to save taxpayer dollars…then why should we have lobbyists representing agencies on the taxpayer dime? Make it even,” he said.

Antenori said legislative staff was unable to find a similar provision already in law, though they didn’t examine rules adopted by the Arizona Department of Administration.

Rep. Phil Lopes, a Tucson Democrat, said he didn’t think the new law was needed. Employees who are conducting political activity while being paid by the government need to be reported and disciplined, he said, but this proposed law aimed to solve a problem he isn’t sure exists.

“I don’t think we need this kind of hammer to kill an ant,” he said.

The bill approved the bill by a 6-3 vote, with the panel’s three Democrats opposing it. It now heads to the House floor via the Rules Committee.