The Immigration Debate – Arizona’s Law – Facts From Fiction: Are you tired of being lied to?

UPDATE: Review of Judge Bolton’s Decision begins here: The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 1) 

UPDATE: 07/28/2010 – The preliminary ruling of the District Court was made today on the issue of an injunction. A post will follow summarizing that decision within the next 24 hours or so … 

The Judge’s decision, which ruled against the Arizona Law, is not surprising to this writer. The Judge was appointed to the bench by President Clinton and in my opinion, is a “true believer” in the Obama doctrines. As a number of my posts have pointed out, Arizona is in the 9th Federal Circuit, the most liberal Federal Court in the Country. The 9th is also the most frequently reversed by the U.S. Supreme Court. This case will not be “concluded” until the Supreme Court has issued it’s ruling. While disappointed, I am not in the least bit surprised by this Judge’s “political’ rather than “legal” opinion. The Judges’s opinion ignores the facts, the law and the prior Federal decisions in at least 6 of the other Federal Circuits. This liberal decision does not change the basis of any of the opinions offered in this article. It would be nice if we could just move on to the Supreme Court now … but that isn’t how our legal process works.

UPDATE: Review of Judge Bolton’s Decision begins here: The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 1)     

The debate over Arizona’s “new immigration law” is unavoidable.

What you might find surprising is that the “law” really isn’t new after all. The “law” is, in fact, a restatement of Federal Immigration Law first passed in the mid 1980’s. Yep, the “new law” is based on a law that is 25 years old. The original law was passed in the 1980’s in the hope of providing a “legal frame work” for keeping our borders secure. The “frame work” has obviously failed.

You can read the actual 2010 Arizona Statute or law, word for word, here:

Please, take the time to actually read the law. It is only 5 pages long and contains 7 sections.

You might be surprised by the fact that this “immigration law” is directed at outlining what types of documentation are required to claim various types of Federal Social Assistance Benefits. Benefits available to “legal US residents” only and the various penalties for falsely claiming to be entitled to those benefits. The law also outlines the penalities to be applied to State Employees and their Supervisors for failing to report identified benefit fraud. (Section 1 & 2 of the 7 Section Law).   

By the way, did you know that the Democratic Congress that passed the law that contained the original language (back in 1985/1986) also passed an “illegal alien amnesty program”? I didn’t think so – the Press is silent on that point. That “amnesty” program failed miserably, because 25 years later, after admitting millions of illegals in the mid 1980’s and after admitting an additional 1 million “legal” immgrants every year since, we still have 20 million “illegal aliens” residing, “unlawfully” in the Country.


There have been a number of significantly false and out right preposterous claims made about the “new” law in Arizona. (Top 10 dumbest things said about the Arizona immigration law: )

The law does not prohibit immigration into Arizona. Arizona, as one of our 50 States, does not create Immigration Laws or Immigration Quotas. Immigration Laws and Quotas are made or set by the US Congress.

America has a rich history of “legal immigration”. From the early 1800’s until the early 1940’s, a period of 140 years, America allowed 30 million immigrants to enter this Country. That amounts to an average of 250,000 new immigants a year. In some years, like 1929, the year the “Great Depression” started, the Country allowed more immigants to enter. In 1929, 300,000, immgrants entered the US. Five years later, in the middle of the “Great Depression” only 30,000 immigrants were allowed into the Country.

Legal immigration has always been tied to the number of available jobs, the economy, the National debt, the cost associated with “housing” new immigrants and the additional burden to be placed on existing social service programs.

Proponents of a new “amnesty program” favor admitting 20 million illegals over the next 12 months and they also favor an “open borders policy” that does away with immigration quotas.

No Country in the World has an “open borders” immigration policy. None.

In the mid 1980’s we, the United States, “liberalized” and expanded the Country’s immigration laws. Today, in 2010, as in every year since the mid 1980’s, the US has allowed at least 1 million (1,000,000) new immigrants to enter this Country. More than 1 million each and every year. Yes, despite our economic down turn, over 1,000,000 immigrants entered this Country as LPRs (Legal Permanent Residents) in 2009.            Yes, the exact number, according to the Obama Administration, was 1,130, 818 for the year ending December 2009.

An additional 1,000,000 immigrants were granted the rights of “Naturalized Citizens” in 2009.

In addition to these numbers, believe it or not, it is estimated that 160 million (160,000,000)                      non-immigrant admissions occur on an annual basis. Non-immigrant admission include, “tourists and business travelers from Canada, Mexican nationals with Border Crossing Cards, ….”.

The United States allows more “legal” immgration every year than all the other Countries in the world  combined. 

Contrast that with this fact – between the years 2000 and 2005 – over 9 million immigrants entered the US. One half entered the Country legally , one half entered illegally. For every individual who respected our immigration laws and entered the Country legally, there was one who did not. 

The Truth About Arizona’s New Law.

The law has no impact on those who have immigrated to this Country legally. The law has no impact on those who hold “Permanent Legal Resident Status”, those who are “Naturalized Citizens” or those who are “Citizens”.  

The law “legally” targets one and only one group of individuals. In this respect the law is identical to the Federal Immigration Laws.

The law serves as a direct contradiction of those Cities in the US that have adopted “sanctuary city” laws that prohibit local law enforcement from asking questions or enforcing Federal Immigration laws. : The US cities with “sanctuary laws” include:  Washington D.C., New York City, Los Angeles, Chicago, San Francisco, San Diego, San Jose, Salt Lake City, Phoenix, Dallas, Fort Worth, Houston, Detroit, Jersey City, Minneapolis, Miami, Denver, Baltimore, Seattle, Portland, Oregon and Portland, Maine, have adopted sanctuary ordinances banning police from asking people about their immigration status……

For more on “Sanctuary Cities” and an expanded list of cities see:

What happens when “illegals” are released in “Sanctuary Cities” rather than deported  …. many become repeat criminals … so says the Justice Departments Office of Auditor General:  

Contrary, to claims made in the media by many interested political groups, no person is subject to being stopped and asked for identification papers under this law. The law doesn’t authorize any law enforcement official to stop anyone to ask for identification papers.

Comparisons to Nazi Germany are more than offensive – the comparisons are demeaning to the memory of the millions of Jews and Non-Jews who were slaughtered by the Nazi’s in the 1930’s and the 1940’s. The Arizona Immigration law does not make it illegal to be Hispanic or to belong to any religous group. 

Read the actual Arizona Statute here:

Those who cannot tell the difference between a law that allows someone detained for violating a law to be questioned about their legal or illegal immigration status – and then carries , as its maximum penalty – a deportation back to the Country where they legally belong,  from a law that condemns someone to death based on their race or religous beliefs, should simply be barred from public discourse and should be shunned.  See: Top 10 dumbest things said about the Arizona immigration law.

You might be asking, “Then why is there such a fuss about this law”?

A very good question. A question I cannot answer, but I can tell you about what the law is intended to do.

What the law does authorize, just as Federal Law authorizes, is this; Law enforcement officials are authorized to question an individual, who has been stopped or placed under arrest, for violation or investigation of some crime other than the crime of being in the US illegally. The law enforcement officers may specifically ask about the “suspects” citizenship status. Remember, they are “suspects” because they have not yet been tried and or convicted. The Arizona law makes it a crime, under the State Law of Arizona, to be in the United States, illegally. Prior to the passage of the Arizona Law, it was only a violation of Federal Law to have entered the Country illegally. Example: See the list of cities with “Sanctuary” laws where local law enforcement is “banned” from enforcing immigration laws or banned from reporting “violators” to Federal authorities.

The Arizona Law has recently undergone minor changes, changes that did not change the substance of the original law, which was, once again, based on Federal Immigration Law. The major change made to the law was to substitute the following language; “that inquiries concerning immigration-status would follow a law enforcement officer’s stopping, detaining or arresting a person while enforcing another law”, in place of  language that stated, “that immigration-status questions would follow a law enforcement officer’s legal contact with a suspect”. The terms, in fact, mean the same things, however, the new language is written in plain english. “Stopping, detaining or arresting while enforcing another law” is in fact, the definition of a “legal contact”.

We should note that the Federal Immigration law still employs the “legal contact” terminology.

In legal terms, the Arizona Law simply calls for the “concurrent” enforcement of Federal law by both State and Federal law enforcement officers.

Read The April 2, 2002 DOJ Memo that refutes Attorney General Holder’s Lawsuit here:

Why did Arizona Pass The New Law?

Arizona, like so many border States is in crisis. The Federal Government is not doing its job. The Federal Government is failing to secure our borders.

There are 20 million “illegal aliens” in the United States today. 20 million. Do you know how many 20 million is? If you added the population of every one of the following 17 states, you get to 20 million. The population of 17 states …….. Utah, Nevada, New Mexico, West Virginia, Nebraska, Idaho, New Hampshire, Maine, Hawaii, Rhode Island, Montana, Delaware, South Dakota, Alaska, North Dakota, Vermont and Wyoming. It takes the population of these 17 states to equal 20 million. The entire population of 17 of our 50 states.

The Federal Government has ceased doing its duty, to deport illegal aliens that have been arrested or detained for violation of criminal law in the US.

The law enforcement officers in the State of Arizona were and are, State Law enforcement officers. As a State law enforcement officer they are charged with enforcing State law. The new immigration law in Arizona now makes it a violation of State Law, to be in the Country illegally, something that has been a Federal crime for decades..

Arizona has a population of  6.5 million people. Arizona is, by population, the 14th largest state in the Country.

At present, it is estimated that there are between 1.75 and 2.5 million illegals in Arizona.

Last year, 2009, the State of Arizona apprehended or arrested 250,000 illegals who had or were in the process of committing a criminal act other than being an illegal alien. A total of 250,000 arrests in one year in a State of 6.5 million.

Compare that statistic with the State of New York. New York is the Country’s 3rd largest State with a population of 19 million. Yes, there are more illegals in the Country, than there are residents in the State of New York. New York State has nearly 3 times more people than the State of Arizona. In 2009, a total of 440,000 crimes were reported in New York State. Crimes reported, not arrests. Total crimes, not crimes comitted by one class of individual, like “illegals”. The total number of crimes.  The total number of reported crimes in New York State for the year 2009 was 440,000.     

Did you know that Phoenix, Arizona is the kidnapping capital of the world. Phoenix held the dubious title of being second in kidnappings to Bogata, Columbia, however, since the ABC News story cited here was released in 2008, Phoenix has surpassed even Bogata.

The cost of combatting illegal immigration is financially crippling the State of Arizona. The Federal Government is refusing to honor its obligations to keep our borders secure.

Santa Crus County, Arizona, has a population of 40,000. Cochise County, Arizona has a population of 125,000. Yuma County, Arizona has 200,000 residents. There are between 3 and 4  “illegals” in each of these Counties for every legal resident. In Pima County, Arizona, population of 1 million, there is 1 illegal for every 3 legal residents.  (Click on the County names for detailed statistical analysis – stats provided by the US Census Bureau).

Consider the multi-faceted costs to the residents of Arizona. The cost of crime to the victims. the cost of housing and prosecuting the criminals. The cost of social service programs, medical and educational services, victims rights and counseling services. 

Why is the Press and those that are poltically motivated misrepresenting the facts and lying to the public?

Educate yourself and then let those who are making the misrepresentations know what you think.        

The greatest defamation of all is to the Law Enforcement Officers in the State of Arizona. Just short of 40% of the population in Arizona is Hispanic. Just about half of the Law Enforcement Officers in Arizona are Hispanic. Those protesting the law falsely claim some type of racial discrimnation must result from this law, ignoring the fact that at least half of those who will enforce the law are themselves Hispanic. Three out of four Arizona residents, 75% of the residents of the State, support the passage and implementation of the law – Hispanic and Non-Hispanic alike.

As to the rest, well, I for one, am tired of the race card being played at every turn of events.

This is not a matter of race … it is a matter of “legal” versus “illegal”. Did you know that there are 17 million immigrants waiting, legally, to be granted entry into the US. Some 17 million who have completed the paper work and undergone the necessary interviews and who will be, as were millions of their predecessors, granted legal entry into the US as soon as is possible, under the existing immigration laws of the United States.

What we are talking about is the millions who have disregarded the “legal” process and entered the Country illegally. We are talking about those trying to jump to the front of the line. Is it surprising that within this group, a group that has a total disregard for our immigration laws, you will find a substantial number of individuals that show disdain for any and all laws? A criminal element.

When one of these individuals is “apprehended” while violating “another law”, why should they not be questioned about their immigration status? 

Not every Hispanic is a criminal. Not every Italian belonged to the Mafia. Not every Irishman belonged to the Irish Mob nor were all the Irish bootleggers and/or IRA members. However, there was an Italian Mafia and an Irish Mafia. There were and are Irish and Italian criminals …. there are illegal Irish and Italian immigrants in the US even today. Just as there are illegal Middle Eastern & Oriental immigrants in this Country too. There are Hispanic criminals. And today, just like in the days of prohibition, you can count on the fact that there are corrupt politicians accepting payoffs from the money generated from the profits of illegal immigration just like the corrupt politicians who accepted payoffs from the illegal cash made by the prohibition era gangsters.

There are many valid reasons why we have immigration laws and why there is a selection process involved in granting people the “priviledge” of entering this Country. The immigration process is not now nor was it ever a “self selecting process”.

The Arizona Law is a good and just law. It is modeled after a fair and just Federal Law. Care needs to be taken to make sure the law, like any law, is applied fairly.

The false claims of racism and the lies being told about the law are troubling. Read the law for yourself and then let the liars know what you think. Boycott their papers and their TV stations. Don’t buy their baseball tickets or go to their basketball games.

Democracy requires an open and honest political debate. Those who lie and distort for political gain need to be held accountable. 

ARIZONA “IMMIGRATION LAW”:                                                                                                                         

FEDERAL LAW:                                                                                                                                                                                                                                        Bringing in and harboring certain aliens:                                                                                                  —-000.html                                                                                                                                                                                                                                                                       Unlawful employment of aliens:                                                                                                           —a000-.html                                                                                                                                                                                                                                                                               Unfair immigration-related employment practices:                                                    —b000-.html                                                                                                                                                                      Penalties for document fraud:                                                                                                        —c000-.html                                                                                                                                                                         Civil penalties for failure to depart:                                                                                          —d000-.html                                                                                                                                                                Improper entry by alien:                                                                                                        —-000-.html 

Remember that 75% of the population in Arizona supports this law, Hispanic and Non-Hispanic alike. An amazing 79% of the Country supports Arizona’s call for US Armed Forces to be deployed along the border to combat the rising Drug Cartel violence. support_u_s_troops_on_the_border_to_fight_drug_violence

UPDATE: Attorney General Eric Holder is now blaming the media for his prior comments on this law …. Holder claims he has not read the law ……

Obama’s False Solution: A National ID Card.

A History of America’s Immigration Laws:

For additional readings on the hidden costs of illegal immigration see:

1). Mexican Violence Spills Into US – 400 Kidnappings in Phoenix, Arizona (2008).

2). Illegal immigration and sexual trafficking from Central and South America:

3). San Francisco – International Center For Sexual Trafficking: Smuggle & Enslave.

4). Illegal Immigration and Sexual Trafficking: Who is at risk?

5). Illegal Immigrants – Repeat Criminal Offenders:

6). Illegal Immigration: The Dark Side – 1 Million Sex Crimes Committed By Illegals In The US (fully cited).

7). Obama Administration Signals Open Border for Illegals:

8). The Mexican Drug Lords: Backed by an Army of 100,000.

9). Congressmen Want Emergency Funds to Combat Border Violence:

10). Three Mexican police chiefs request U.S. asylum, escalating drug violence spills across US border:

11). Man Wanted In Mexico For Murder Probe Arrested.

12). Crime riles Arizonans bent on immigration crackdown.

UPDATE: Attorney General Eric Holder is now blaming the media for his prior comments on this law …. Holder claims he has not read the law ……

UPDATE 2: DOJ files suit against Arizona.

The 25 page lawsuit fails to mention “racial profiling” or “discrimination” even once, giving light to the fact that the Obama Administration knew the claims of “profiling” and “discrimination” to be false from the very beginning – The Administration’s failure to even allege “discrimination” or to allege “racial profiling” in the suit, proves that those false claims were known to be false, in fact, the claims were nothing more than the Obama Administration’s “playing of the race card” in an attempt to exploit racial divisions in this Country for their political advantage.

The DOJ suit rests solely on a claim that the Arizona Law is pre-empted by Congress’ right to formulate immigration quotas and immigration criteria for foreign nationals to be admitted to the U.S..

The lawsuit fails to acknowledge or mention the numerous areas of “concurrent jurisdiction” over our immigration laws shared by the Federal and State Governments. The “suit” reads as if the “drafters” of the suit had never read the 1996 Comprehensive Immigration reform Act.

Update 3:

The 1st and 2nd causes involve the same argument ciitng two diffrent portions of the Constitution (see page 23 of the Complaint, Cause 1:Supremecy, Cause 2:Pre-emption and cause 3) The Commerce Clause. There are no causes claiming “racial profiling” or “discrimnation”.

The Complaint can be viewed here:

I find the following interesting: Beginning on page 12, #31: Through a variety of programs, DHS works cooperatively with states and localities to accomplish its mission to enforce the federal immigration laws. Among these efforts is the Law Enforcement Agency Response program (“LEAR”), an Arizona-specific program that is operational 24 hours a day, 7 days a week, for responding to calls from state and local law enforcement officers seeking assistance from ICE regarding suspected unlawfully present aliens. ICE also administers the Law Enforcement Support Center (“LESC”), also operational 24 hours a day, 7 days a week, which serves as a national enforcement operations center and – among other responsibilities – promptly provides immigration status and identity information to local, state, and federal law enforcement agencies regarding aliens suspected of, arrested for, or convicted of criminal activity.

continuing of page 13: Further, ICE and CBP officers respond to requests from state and local law enforcement officers on a variety of immigration matters, including assisting with translation, determining alienage, and evaluating immigration documentation.

# 32…. But the opportunity that federal law provides for participation by state and local officials does not mean that states can enact their own immigration policies to rival the national immigration policy; the formulation of immigration policy and balancing of immigration enforcement priorities is a matter reserved for the federal government. Such regulations do not fall within the state’s traditional police powers and remain the exclusive province of the federal government…..

It is gratifying to see that the Government has droppped the self serving pretence of “profiling” or “discrimination”, however, I belive the Court will quickly point out that the Arizona Law does not create an “IMMIGRATION POLICY” of any type, the law, simply, allows law enforcement officers to question “suspects” about their immigration status …….

exactly how else would these State Law Enforcement officers “trigger” a call to ICE or the supervision by ICE of a criminal detainee, without first identifying whether the “suspect” or “detainee” was an illegal alien … maybe the Obama Administration suggests the Law Enforcement Officers use Tarot cards …..

I really enjoyed the portion of the suit where the Government alleges that it will cost too much to enforce Arizona’s Law and that if the Arizona Law prevails the Federal Government won’t be able to pick and choose the laws it enforces: At page 18 lines 3 to 8: “Mandatory state alien inspection schemes and attendant federal verification requirements will impermissibly impair and burden the federal resources and activities of DHS. S.B. 1070’s mandate for verification of alien status will necessarily result in a dramatic increase in the number of verification requests being issued to DHS, and will thereby place a tremendous burden on DHS resources, necessitating a reallocation of DHS resources away from its policy priorities.”

Oh my gosh – DHS will need to verify that illegals are illegal …….

Once again check out what ICE had to say about the working relationship between Federal & State Agencies and the “Delegation of Immigration Authority” to the States here:

 Update 4:

Almost 8 years to the day before Arizona Governor Jan Brewer signed Arizona’s “Immigration Law” into effect, the United States Department of Justice issued a memo stating that Arizona’s Law is legal.

On April 23, 2002 the DOJ (Department of Justice) considered and rejected the very arguments presented by the Obama Administration through its DOJ by Attorney General Eric Holder  in its lawsuit against the State of Arizona.

The Memo is titled “Non-preemption of the authority of State & Local Law Enforcement Officials to arrest aliens for immigration violations.”

The “findings” of the DOJ are “memorialized” in the following memo:

2002 DOJ Memo

Update 5

Review of Judge Bolton’s Decision: The Immigration Debate: The Arizona Law – Judge Bolton’s Decision (Part 1) 

A comprehensive review and analysis of Judge Bolton’s erroneous decision.

Read why the Judge was wrong – compare “Congressional intent” with the Judge’s reasoning.

With these PDF documents:

Bolton’s Decision

DOJ Memo 04/02/2010

Links to:

DOJ Complaint

Arizona Law

The actual Immigration Statutes that should have “controlled” the Judge’s decision.

Official Web Sites of: DOJ/DHS/LESC/NSEERS/FBI

What does Congress “mandate” be done and by whom.

%d bloggers like this: