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: http://www.azleg.gov/legtext/49leg/2r/bills/hb2162c.htm

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. http://www.nytimes.com/2006/05/23/washington/23amnesty.html?ex=1306036800&en=ed7c0795b9f13882&ei=5088&partner=rssnyt&emc=rss

IMMIGRATION FACTS

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: http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/top-10-dumbest-things-said-about-the-arizona-immigration-law-92577964.html#ixzz0n6Dddofd )

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. http://en.wikipedia.org/wiki/Immigration_to_the_United_States

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. http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2009.pdf            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. http://www.dhs.gov/xlibrary/assets/statistics/publications/natz_fr_2009.pdf

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, ….”.  http://www.dhs.gov/xlibrary/assets/statistics/publications/ni_fr_2009.pdf

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. http://en.wikipedia.org/wiki/Immigration_to_the_United_States 

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. http://en.wikipedia.org/wiki/Immigration_to_the_United_States : 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: http://www.ojjpac.org/sanctuary.asp

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: http://www.washingtontimes.com/news/2007/jan/09/20070109-122510-1365r/  

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: http://www.azleg.gov/legtext/49leg/2r/bills/hb2162c.htm

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. http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/top-10-dumbest-things-said-about-the-arizona-immigration-law-92577964.html#ixzz0n6Dddofd

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. http://www.ojjpac.org/sanctuary.asp

http://www.abc15.com/content/news/phoenixmetro/central/story/Is-federal-immigration-law-different-from/1ZdAAkpg-U6oVELk47QVBw.cspx

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”.  http://www.azleg.gov/legtext/49leg/2r/bills/hb2162c.htm

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. http://jurist.org/forum/2010/05/arizonasimmigrationlaw.php

Read The April 2, 2002 DOJ Memo that refutes Attorney General Holder’s Lawsuit here: https://mcauleysworld.wordpress.com/2010/07/09/the-immigration-debate-law-suit-against-arizona-04232002-doj-memo-states-that-federal-law-does-not-preempt-the-states-from-making-arrests-for-civil-and-criminal-violations-of-federal-immigration/

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. http://en.wikipedia.org/wiki/List_of_U.S._states_and_territories_by_population

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. http://en.wikipedia.org/wiki/List_of_U.S._states_and_territories_by_population

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. http://criminaljustice.state.ny.us/pio/annualreport/preliminary-2009-crime-report.pdf     

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. http://abcnews.go.com/Blotter/story?id=6848672&page=1

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. http://quickfacts.census.gov/qfd/maps/arizona_map.html  (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. http://www.azleg.gov/legtext/49leg/2r/bills/hb2162c.htm               http://jurist.org/forum/2010/05/arizonasimmigrationlaw.php             http://www.abc15.com/content/news/phoenixmetro/central/story/Is-federal-immigration-law-different-from/1ZdAAkpg-U6oVELk47QVBw.cspx

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”:                                              http://www.azleg.gov/legtext/49leg/2r/bills/hb2162c.htm                                                                                     

FEDERAL LAW:                                                                                                                                                                                                                                        Bringing in and harboring certain aliens:                                                                                                            http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—-000.html                                                                                                                                                                                                                                                                       Unlawful employment of aliens:                                                                                                                     http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—a000-.html                                                                                                                                                                                                                                                                               Unfair immigration-related employment practices:                                                              http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—b000-.html                                                                                                                                                                      Penalties for document fraud:                                                                                                                  http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—c000-.html                                                                                                                                                                         Civil penalties for failure to depart:                                                                                                    http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—d000-.html                                                                                                                                                                Improper entry by alien:                                                                                                                  http://www.law.cornell.edu/uscode/8/usc_sec_08_00001325—-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. http://www.rasmussenreports.com/public_content/politics/general_politics/march_2009/79_ 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 ……  https://mcauleysworld.wordpress.com/2010/05/13/obama-adminstration-blames-media-admits-administration-hasnt-read-arizona-law-they-critized-hope-change-or-more-politics-as-usual/

Obama’s False Solution: A National ID Card. https://mcauleysworld.wordpress.com/2010/05/26/the-immigration-debate-obamas-national-id-card-race-baiting-what-is-the-true-agenda/

A History of America’s Immigration Laws: https://mcauleysworld.wordpress.com/2010/05/22/comprehensive-immigration-reform-the-history-of-immigration-reform-in-america-1790-to-2009/

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

1). Mexican Violence Spills Into US – 400 Kidnappings in Phoenix, Arizona (2008). https://mcauleysworld.wordpress.com/2009/02/16/mexico-violence-spills-into-us-county-attorney-claims-400-kidnappings-in-phoenix-az-in-2008-democrats-in-congress-fail-to-act/

2). Illegal immigration and sexual trafficking from Central and South America:  https://mcauleysworld.wordpress.com/2009/03/22/illegal-immigration-dynamics-of-prostitution-and-sex-trafficking-from-latin-america/

3). San Francisco – International Center For Sexual Trafficking: Smuggle & Enslave. https://mcauleysworld.wordpress.com/2009/03/22/sex-trafficking-san-francisco-major-center-international-crime-networks-smuggle-and-enslave/

4). Illegal Immigration and Sexual Trafficking: Who is at risk? https://mcauleysworld.wordpress.com/2009/03/22/illegal-immigration-sex-trafficking-who-is-at-risk/

5). Illegal Immigrants – Repeat Criminal Offenders: https://mcauleysworld.wordpress.com/2009/03/22/illegals-immigrants-become-repeat-criminals-the-washington-times/

6). Illegal Immigration: The Dark Side – 1 Million Sex Crimes Committed By Illegals In The US (fully cited). https://mcauleysworld.wordpress.com/2009/03/22/the-dark-side-of-illegal-immigration-one-million-sex-crimes-committed-by-illegal-immigrants-in-the-united-states/

7). Obama Administration Signals Open Border for Illegals: https://mcauleysworld.wordpress.com/2009/03/20/obama-administration-signals-open-border-for-illegals-ice-raids-suspended/

8). The Mexican Drug Lords: Backed by an Army of 100,000. https://mcauleysworld.wordpress.com/2009/03/26/mexican-drug-cartel-army-100000-strong-parity-reached-with-mexicos-130000-man-army/

9). Congressmen Want Emergency Funds to Combat Border Violence: http://www.riograndeguardian.com/RGGnews_story.asp?story_no=2

10). Three Mexican police chiefs request U.S. asylum, escalating drug violence spills across US border:  http://www.nydailynews.com/latino/2008/05/14/2008-05-14_three_mexican_police_chiefs_request_us_a.html#ixzz0n6uSV875

11). Man Wanted In Mexico For Murder Probe Arrested. http://cbs4denver.com/local/Longmont.police.arrest.2.1678269.html

12). Crime riles Arizonans bent on immigration crackdown. http://www.reuters.com/article/idUSTRE64518920100506

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 ……  https://mcauleysworld.wordpress.com/2010/05/13/obama-adminstration-blames-media-admits-administration-hasnt-read-arizona-law-they-critized-hope-change-or-more-politics-as-usual/

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: http://legaltimes.typepad.com/files/usa_v_arizona.pdf

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:

http://www.ice.gov/pi/news/factsheets/070622factsheet287gprogover.htm

 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.

https://mcauleysworld.wordpress.com/2010/07/30/the-immigration-debate-the-arizona-law-judge-boltons-decision-part-1/

13 Responses

  1. AMERICANS FOR HONEST GOVERNMENT
    May 14th, 2010

    Estimados hermanos Latinos, vivo en Estados Unidos durante 52 años, durante todo este tiempo he apoyado a Latinos a promover leyes que sean mas justas para nuestra comunidad Latina, como la amistia del año 1986 durante la presidencia de Reagan. Durante los años 1987 y 2009 el gobierno de Mexico vio como valvula de escape a Estados Unidos para el Mexicano pobre y sin educacion. Mexico nunca se preocupo por sus campesinos, la falta de inversion en educacion y desarrolo economico hizo que millones de Mexicanos imigraran a los Estatdos Unidos; hoy en dia uno de cada 8 adultos de nacionalidad Mexicana vive en estados Unidos, la mayoria pobres y sin educacion.
    Para Mexico esta invacion de Mexicanos a Estados Unidos es muy conveniente por que Mexico no tiene que enfrentar sus obligaciones sociales para con sus ciudadanos pobres y ve a ellos como una fuente de ingresos mas lucrativas que el turismo o su industria petrolifera. Mexicanos mandan mas de 20 billones de Dolares anualmente a Mexico; el amor del gobierno Mexicano para con sus ciudadanos es puramente de interes economico y continua promoviendo la imigration de Mexicanos a Estados Unidos.
    La corrupcion en Mexico alcanza altos funcionarios del Gobierno de Felipe Calderon, el crimen en muchas ciudades de Mexico causa panico entre los ciudadanos honestos y trabajadores, los cuales an perdido la confianza en las autoridades, por que el gobierno es parte de las organizaciones criminales, la mas poderosa los Zetas que fue una fuerza especial del Gobierno Mexicano, que en un tiempo serian los que deberian eradicar las organizaciones de narcotraficantes. A consequencia de la corrupcion que existe en Mexico en la cual el Gobierno de Mexico esta involucrado miles de empresarios estan huyendo de Mexico para los Estados Unidos. El exodo de Mexicanos es una tragedia que creara en Mexico una catastrofe economica y social.
    El problema de la imigracion ilegal a creado una carga publica en miles de comunidades estadounidenses, latinos por cultura y creencia religiosa no implementan una planificacion familiar a consequencia de esta idiologia, por lo general tienen mas hijos de lo que ellos pueden mantener dependiendo en las agencias sociales para su manuntencion y educacion; solamente el costo de la educacion son miles de Dolares anualmente y varian entre los $7.000 a $15,000 Dolares por alumno, y por lo general la familia Latina tiene de 4 a 8 hijos creando una carga al contribuyente de impuestos que no se puede sostener, es por eso que en muchos estados estan haciendo ajustes economicos en las escuelas por que no hay suficiente dinero para el sostenimiento de dichas escuelas.
    Otro problema es la delincuencia, las pandillas, prostitucion, el crimen organizado, el secuestro y el trafico de drogas en las comunidades Latinas, el costo en terminos humanos, economico y social an creado una crisis y enseguridad en miles de ciudades estadounidenses.
    Es por eso que muchos estados pasaran leyes semejantes a la de Arizona, Latinos especialmente Mexicanos son una carga economica para Estados Unidos y los ciudadanos Americanos estan exigiendo que se apliquen las leyes, no se trata de rasismo como muchos Latinos lo ven, se trata de la carga economica, el crimen y la falta de integracion al systema Americano que hacen de muchos lugares en nuestro pais verse como comunidades del tercer mundo.

    Mi pregunta para todos los que estan en favor de una reforma migratoria es:

    1-Quien es responsible por la educacion y el desarrolo economico de los Mexicanos que entraron ilegalmente a los Estados Unidos?
    2-Por que queremos obligar a los ciudadanos Americanos que paguen por la educacion y el mantenimiento de los niños de imigrantes ilegales?
    3-Por que le es dificil a algunos Latinos entender que es de suma importacia que se cumplan las leyes?
    4 Las leyes de imigracion de Mexico son implementadas en una forma abusiva extorcionando a centro Americanos que ingresan a Mexico rumbo a Estados Unidos. Por que Mexicanos no exigen los derechos humanos de los Centro Americanos?
    5- Que haria Mexico en el lugar de Estados Unidos, si tubiera que aportar billones de Dolares para el mantenimiento de 12 millones de ilegales.
    6- Por que Mexico esta tan interesado en la promocion del exodo de Mexicanos hacia Estados Unidos?
    7- Que haria el pueblo Mexicano si millones de immigrantes ilegales en su pais quisieran demandar legalizacion de sus estados migratorios siendo ellos una carga economica que les costara a Mexico trillones de Dolares en uducacion y mantenimiento social.?

    En conclucion, los ciudadanos Americanos incluyendo millones de Latinos estan en favor de la implementacion de las leyes de imigracion. La imigracion ilegal es la causa de muchos problemas en las comunidades Estadounidenses y tienen que implementar las leyes por que su futuro esta en juego y ellos no permitiran la destruccion de sus comunidades.
    Muchos Latinos son muy queridos por los Americanos no es racismo como lo pintan organizaciones como la Raza, Lula, Mechas y otras organizaciones que fomentan odio contra los blancos. Latinos tienen que entender que ellos son sus propias cartas de representacion, tienen que aprender que la educacion es la puerta de la liberta, que aqui o en cualquier parte del mundo serian vienvenidos si fueran productivos, cumplieran con las leyes y cumplieran con sus obligaciones para con sus familias.

    En casa ajena portate bien y lo mejor que puedas, por que si no te van a botar; y no culpes al dueño de la casa, si no a ti mismo por tu comportamiento.

    Latino Americano 100%

    • To Francisco Canales:

      en espanol:

      ¿Qué hay de Canales Francisco. Me alegro de conocerte y ser capaz de comunicar a usted. Su comentario fue en español que hablo y leer un poco, pero tuve que finalmente traducido con Google Translate con mi FoxLingo add-on de Mozilla Resplandor. Me tomé la libertad de traducir lo que escribió y lo publicó en Inglés. Yo mismo tenía curiosidad lo que una persona hispana pensamiento de la ley de Arizona inmigraciones. Veo que a usted no se trata de una cuestión racial, y es triste ver cómo México es que el tratamiento de su propia gente. En Estados Unidos nuestro gobierno está siguiendo un plan secreto para destruir nuestra gran nación. Si quiere sobrevivir tenemos que hacer frente a los enemigo interno que está dentro de nuestras fronteras. Nuestro presidente Barack Obama y todo su gabinete a mí en mi humilde opinión es del mismo tipo de carácter de los líderes Méxicos. De hecho, la inmigración es uno de la agenda secreta de que este administation ha de destruir nuestra nación libre y grande, pero hay los que son realmente tratando de detener este mal tan grande. La cuestión en Arizona es una de la soberanía estatal o federal y las administraciones de esta tratando de usurpar el poder legislativo para decidir qué hacer sobre determinadas cuestiones. Ellos realmente no se preocupan por los norteamericanos o los mexicanos, o cualquier otro grupo étnico del sur hispano. Realmente quieren esclavizar a todos nosotros y tienen todos nosotros como vasallos allí y hecho minions.In esta batalla de voluntades en Arizona es sólo un frente en una campaña para incorporar a México, Canadá y los Estados Unidos de América en una Unión de América del Norte . Una vez que Estados Unidos es derrotado desde el resto del mundo libre se implosión y su muerte y campos de concentración para todos nosotros. Gracias por aclarar para mí como un americano de nacimiento que no es una cuestión racial. Esto es sólo para el registro. Obama y sus hordas zares o como los llamamos están tratando de desacreditar a cualquier movimiento de energía que les flanquear. Ahora no puede realmente jugar la carta de la raza como lo han sido Tring que ver con Glenn Beck. La NAACP siquiera lo intentó con Vicente Fox en el pasado. Gracias!

      in english:

      What’s up Francisco Canales. Glad to meet you and be able to communicate to you. Your comment was en espanol which I speak and read a little but I had to finally get it translated with Google Translate with my Foxlingo add-on in Mozilla Foxfire. I took the liberty of translating what you wrote and posted it in English. I was myself curious what an hispanic person thought of the Arizona immigrations law. I see that to you it is not about a racial issue and it is sad how Mexico is treating it’s own people. In America our government is following a secret agenda to destroy our great nation. If it is to survive we have to stand up to the domestic enemy that is within our borders. Our president Barack Obama and all his cabinet to me in my humble opinion is of the same sort of character as Mexicos Leaders. In fact the immigration is one of the secret agenda’s that this administation has of destroying our free and great nation but there are those of us who are truly trying to stop this great evil. The issue in Arizona is one of state or federal sovereignty and of this administrations trying to usurp the legislative power to decide what to do on certain issues. They really don’t care about the Americans or the Mexicans, or any southern hispanic ethnic group. They really want to enslave all of us and have us all as there vassals and minions.In fact this battle of wills in Arizona is just a front in a campaign to incorporate Mexico, Canada, and the United States of America into a North American Union. Once America is defeated from within the rest of the free world will implode and its death and concentration camps for all of us. Thanks for clarifying for me as an American by birth that it’s not a racial issue. This is just for the record. Obama and his hordes or czars as well call them are trying to discredit any power move that will outflank them. Now they can’t truly play the race card as they have been tring to do with Glenn Beck. The NAACP even tried it with Vincente Fox in the past. Thanks!

  2. Very simple – states cannot enforce federal law under “state’s terms” – and deciding on how that’s done is not up to the individual state making this law completely unconstitutional (did you also know that Arizona has now banned “ethnic studies” to be taught in public schools? Talk about a turn inward – disgraceful at best… Anyway – that enforcement can only be delegated by the federal govt – Arizona is overstepping its power as a state within the United States of America. The law is simply unconstitutional – whether its the right thing or not, its unconstitutional. To argue otherwise is a blatant misunderstanding of the constitution. I suppose you believe that this law is constitutional and healthcare is unconstitutional? If so, please read the constitution – it will help in understanding the legal issues involved with what is and what is not “constitutional”

    McAuley’s World Response:
    Unfornuately, your are wrong. Have you ever even read the Constitution. I doubt you have, anyway, you should read the sites I’ve provided in the article … several of the sites will direct you to decisions of the U.S. Supreme Court, which interpret our Constitution and the Immigration Laws passed by Congress.

    But why bother with facts, you have opinions.

    I’ve written 26 winning Supreme Court briefs and when I left the legal field to pursue other endeavors I had yet to lose a case before any Supreme Court. “Concurrent jursidiction” has been recognized by our Supreme Court for 135 years. Arizona has “banned” ethnic studies as you call it, because the programs were not factual or effective …. simply because you “tag” a course with the term “ethnic studies” does mean something of value is being taught. The studies have not been “banned” they have been discontinued. (Small wonder as less than 3% of the student population wanted to enroll in them). Did you know there is a 110 year old requirement that indivduals be able to communicate in English to qualify to become a naturalized U.S. Citizen ……

    before you come back, please read the sites, read the case law and read the history of Immigration Law in the United States. I’ve done all the work for you and you are obviously too lazy to read the materials ……….. Once again, you should start here: http://www1.umn.edu/humanrts/immigrationlaw/chapter1.html

    P.S. The Federal Government began its delegation of Immigration enforcement to Arizona and the other 49 states in the 1960’s. Last year alone the Federal Government paid over $300 million in fees (and that only represented a “partial reimbursement” of expenses) to the States. A reimbursement of expenses incurred “enforcing” Federal Immigration Law on behalf of the Federal Government.

    Then you can try this cite: https://mcauleysworld.wordpress.com/2010/05/22/comprehensive-immigration-reform-the-history-of-immigration-reform-in-america-1790-to-2009/

    Which porvides a summary of immigration law from 1790 until 2009 and more importantly a chart of SCAAP payments, payments made to various States for “enforcing Federal Immigration Law”. Citing the Federal Government the “post” would inform you, under the heading, “THE TIP OF THE ICEBERG – SCAAP PAYMENTS – THE HIDDEN COST OF ILLEGAL IMMIGRATION”, that, “SCAAP is a payment program administered by OJP, through its component the Bureau of Justice Assistance (BJA), in conjunction with the Immigration and Customs Enforcement (ICE) bureau within the Department of Homeland Security (DHS). SCAAP was authorized by the Violent Crime Control and Law Enforcement Act of 1994 to provide federal assistance to states and localities for the costs of incarcerating certain criminal aliens who are in custody based on state or local charges or convictions. In fiscal year (FY) 2005, BJA distributed $287.1 million in SCAAP payments to 752 state, county, and local jurisdictions. The SCAPP program only reimburses states and localities that incur correctional officer salary costs for incarcerating undocumented criminal aliens who: (1) have at least one felony or two misdemeanor convictions for violations of state or local law, and (2) are incarcerated for at least four consecutive days during the established reporting period. Applicants for funding are required to provide correctional officer salary costs, the total of all inmate days, and details about eligible inmates housed in their correctional facilities during that period.

    In April 2005, the Government Accountability Office (GAO) issued a report stating that 80 percent of the SCAAP aliens were incarcerated in the five states of Arizona, California, Florida, New York, and Texas in FY 2003″. In that year Arizona received over $12 million dollars in partial reimbursement from the Federal Government for enforcing Federal Immigration Law.

    The Arizona Law will, among other things, ensure that Arizona identifies all prisoners for which Arizona is entitled to claim reimbursement from the Federal Government.

    On April 23, 2002 the DOJ (Departement of Justice) considered and rejected the very arguments presented by the Obama Adminstration in its lawsuit against the State of Arizona. The “findings” of the DOJ are “memorialized” in the following memo:

    (see: https://mcauleysworld.wordpress.com/2010/07/09/the-immigration-debate-04232002-doj-memo-directly-contradicts-basis-of-obama-lawsuit-against-arizona/ )

  3. […] Gang violence near the Arizona border has led to calls from officials in the U.S. state for greater control of the border and is one reason given for a controversial law passed in April requiring Arizona police to ask people about their immigration status in certain situations. [This statement is false. The Arizona Law does not "require" police to ask about an individuals immigration status – the law outlines when it is permissable to do so. See: https://mcauleysworld.wordpress.com/2010/05/05/the-immigration-debate-arizonas-law-facts-from-fiction… ]  […]

  4. Fascinating reading. Thank you so much for sharing all of this research and citing each and every point you make. This is a phenomenal site!!!

    — a grateful Arizonan

    McAuley’s World: Thank you for your kind comments …

  5. Finally, I found a rational and fully supported opinion about the immigration issue. I have been constantly flabbergasted at the amount of idiotic rhetoric that is reported as fact when in fact it is such an easy bill to read and comprehend. It’s an unfortunate reality that a large percentage of Americans will never take the time to educate themselves enough to understand most issues. They get all of their opinions from mainstream media, which is almost always biased in one way or another. What is deeply concerning is when our elected representatives do not bother to educate themselves on important issues, how can the populace be expected to. Our country is in trouble.
    Anything on health care? I’m struggling with that one.
    Keep up the good work. I’ll be looking forward to more posts from you.

    *******

    Than you for your comments. Check out my post: The Gulf Oil Crisis – Facts From Fiction.
    Gulf Oil Crisis – Facts from Fiction, Part 1 of 3 –
    https://mcauleysworld.wordpress.com/2010/07/19/gulf-oil-crisis-facts-from-fiction-part-1-of-3/

  6. I thought the article was exceptionally well researched and thoroughly informative, exhaustively so. Very good job. I wish mainstream media had as good a journalist who established legal facts as well – it’s almost auto-instructive if you but follow the logic without the media slant. That’s why I don’t follow the mainstream media except as a cross reference. Their slant clues you to the truth as they try to conceal it. Kind of like reading signs on a trail. Signs don’t lie; they may be difficult to read but not deceptive.
    Also you brought out new angles on the topic for me as well. As I say I try to gauge the intent by the degree of slant and there are never enough complementary or supplemental angles in devious propaganda. If a propagandist gets on a subject its only about the emotion and a straight frontal assault. Most succumb. All must realize this and block and embargo propagandistic journalism. I don’t buy into a lot of what the New York Times or the Washington Post, CNN or Fox News reports. Too much BS – except as a gauge.

  7. In case anyone wondered what Francisco Canales had to say in English here it is translated from Google Translate:

    ear sisters, live in the U.S. for 52 years, during all this time Latinos have supported to promote laws that are more fair for the Latino community, such as amistia in 1986 under President Reagan. During the years 1987 and 2009 the government of Mexico saw the exhaust valve to the U.S. to the Mexican poor and uneducated. Mexico never worry about their farmers, lack of investment in education and economic Desarrolo made millions of Mexicans immigrated to the United Estatdos, today one in every eight adults of Mexican nationals living in the U.S., most poor and uneducated .
    For Mexico the Mexican invasions of America is very convenient that Mexico does not have to deal with their social obligations to their citizens poor and sees them as a lucrative source of income for the tourism and its oil industry. Mexicans send more than $ 20 billion annually to Mexico, love the Mexican government to its citizens is purely economic interest and continued to promote imigration of Mexicans to the United States.
    The corruption in Mexico reaches senior government of Felipe Calderon, crime in many cities of Mexico caused panic among honest citizens and workers, who lost confidence in an authority, because the government is part of criminal organizations, Zetas the most powerful was a special force of the Mexican Government, which would be the time that should eradicate drug trafficking organizations. A consequence of the corruption that exists in Mexico in which the Government of Mexico is involved thousands of entrepreneurs are fleeing Mexico to the United States. The exodus of Mexicans is a tragedy in Mexico to create an economic and social catastrophe.
    The problem of illegal immigration issues has created a public charge in thousands of U.S. communities, Latinos for culture and religious beliefs do not implement a family planning idiologia consequence of this, usually have more children than they can be kept depending on the agencies social for their subsistence and education, only the cost of education are thousands of dollars annually and range from $ 7,000 to $ 15,000 per student, and usually the Latino family is 4 to 8 children, creating a burden on the taxpayer to can not be sustained, that is why in many states are making economic adjustments in schools because there is not enough money to sustain these schools.
    Another problem is crime, gangs, prostitution, organized crime, kidnapping and drug trafficking in Latino communities, the cost in human terms, created an economic and social crisis and enseguridad in thousands of U.S. cities.
    That’s why many states to pass laws similar to Arizona, Latinos especially Mexicans are an economic burden for the U.S. and American citizens are demanding that laws are applied, is not rasismo as many Latinos see it, it is the economic burden, crime and lack of integration to the system that make American many places in our country look like third world communities.

    My question to all who are in favor of immigration reform is:

    1-Who is responsible for economic education and the develop of Mexicans who illegally entered the United States?
    2-Why do we require American citizens to pay for the education and maintenance of children of illegal immigrants?
    3-Why is it difficult for some Latinos believe it’s very import that the laws are enforced?
    4 The laws of Mexico immigration issues are implemented in an abusive way to center extortion Americans entering Mexico for the United States. Why Mexicans do not require the human rights of Central Americans?
    5 – What would place Mexico in the United States, if tubiera to contribute billions of dollars for the maintenance of 12 million illegals.
    6 – Because Mexico is so interested in promoting the exodus of Mexicans to the United States?
    7 – What would the Mexican people if millions of illegal immigrants in his country wanted to demand legalization of their immigration status being an economic burden that cost trillions of dollars in Mexico uducacion and social maintenance.?

    In conclucion, including American citizens million Latinos are in favor of the implementation of the laws of immigration. The illegal immigration issues is the cause of many problems in American communities and need to implement laws that their future is at stake and they will not allow the destruction of their communities.
    Many Latinos are loved by the Americans is not racism as he is painted organizations like La Raza, Lula, fuses and other organizations that promote hatred against whites. Latinos need to understand that they are their own letters of representation have to learn that education is the door to freedom, here or anywhere in the world would be if they were productive vienvenidos, comply with the laws and comply with their obligations with their families.

    In someone else’s house and carry on well the best you can, because if you are not going to bounce, and do not blame the homeowner, if not yourself for your behavior.

    100% Latin American

  8. I just read fdg’s response to you Mcauley and it’s pathetic. He probably did’t read any of your briefs as I have because they are truly good works. Your briefs are excellent reading and commendable. To read his little comment next to your briefs is like seeing a gnat lost in a hurricane. And so it goes for opinionated folk who don’t really delve deeply enough into the essence of a topic before spouting off some load that they hastily read and try to pass on as pontification or legislation as Obama would have us believe. I’m all for State Sovereignty over the federal government. That’s what our founding fathers intended was for us to settle our own problems without having to resort to big brother big government who once you invite him in you can’t get him to leave. Just like an unwanted guest. And in school I never had any ethnic studies other than some college electives. We live in the United States. We speak English. But it isn’t just us european ethnics that feel this way. I just communicated through Google Translation with an hispanic commentator who doesn’ t feel this is a racial issue but likewise an issue of power. Thanks.

  9. I definitely want to read a bit more soon. BTW, rather good design you have at that blog, but how about changing it once in a few months?

    Megan Globby

  10. Rather nice place you’ve got here. Thanks for it. I like such themes and anything connected to this matter. I definitely want to read a bit more soon.

    Julia Hakkinen

  11. Francisco Canales, I am in agreed with you, however, I must add that hospitals are also to blame allowing immigrants to come and give birth here in the US. I am currently reported such to ICE and the US immigration services, a woman that is here on a visa to give birth to her unborn child in order to provide her kid with US citizenship. The US immigration department to date has done nothing. Can you tell me what else I may be able to do? I am so sick of going to the supermarket and seeing an immigrant getting WIC and food stamps for her kids and watching her having two kids on a stroller and pregnant with another. To add, they do not even speak English. I am sick to my stomach having to see this and paying out of my hard earn money for these folks to come and enjoy freely. I also know another Ecuadorian couple that did the same. They came to the US on a visa stayed for 8 years give birth to 2 kids have the US pay for the birth and work under the books. What is going on? Now I am faced with the lady that came here from South America to give birth and provide her kid with US citizenship. I think the Arizona law should be in place in the rest of the US. I am also adding that I am Hispanic as well.

  12. These are actually enormous ideas in on the topic of blogging.
    You have touched some fastidious things here.

    Any way keep up wrinting.

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