Major News is, as usual, painting an abstract picture of Arizona’s SB 1070 law against illegal aliens. This is the complete ruling made by United States Federal District Court Judge Susan R Bolton.
American citizens, especially in Arizona, are a bit let down with the Federal Judge’s ruling today. TV news is shaking their heads, mumbling, “Well, maybe this can get decided in the United States Supreme Court……. in a year or so”.
Illegal aliens are rejoicing. They think they won something from Judge Susan R. Bolton’s ruling. And actually, they did win something: The Right to leave now before they get jailed and deported.
Judge Susan R. Bolton’s ruling changed nothing. The four items she did toss out, are all items that are either already a law or should not be a law in this Country. Everything else the United States Department of Justice lawyers asked for was ignored.
Her ruling has re-enforced that individual States have a Constitutional Right to enforce Federal immigration laws.
The four points she ruled against are:
1. Portion of Section 2 of S.B. 1070: requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully in the United States, and requiring verification of the immigration status of any person arrested, prior to releasing that person.
2. Section 3 of S.B. 1070: creating a crime for failure to apply for or carry alien registration papers.
3. Portion of Section 5 of S.B. 1070: creating a crime for an unauthorized alien to solicit, apply for or perform work.
4. Section 6 of S.B. 1070: authorizing the warrant less arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States.
Point number one is fair. Nobody in America wants police to be able to stop them and demand identification. Government encroaches and corrodes an individual’s Rights. If we let the authorities stop anybody the cops think is “suspicious”, everybody will be suspicious.
Law enforcement has been defending this clause saying, “Well, golly, who us?? We would NEVER violate a person’s Constitutional Right, by stopping them, just because we think they’re suspicious”.
Bullshivitzki……….they do it all the time. I support the Judge tossing this one out. It encourages police who do not know or care about the US Constitution to get as nosey as they want. So yes, please, throw that one out.
And, Local police can already, under Federal law, verify immigration status, “prior to release” if someone has broken a law.
Point number two is unnecessary. There is a Federal law that makes it a crime for aliens not to carry their alien registration papers. Judge Bolton pointed out the States have a Constitutional Right to enforce Federal laws. Arizona does not need that part. They already have that option.
Point number three is fair to toss out also. The United States Congress, in drafting immigration laws, purposely left out any mention of penalizing illegal aliens for working.
Possibly their thinking was, “Well, if they don’t work, they’ll become more of a burden to society”. Or, the thinking was, “We want some good ole’ fashioned slave labor for our friends. And they’re bringing in the dope that Americans don’t want to bring.”
Either way, there are no Federal criminal sanctions against illegal aliens having a job or looking for one.
I do disagree that the Judge thinks Federal Law is the Supreme law of the land, because, that’s not true. The US Constitution is the Supreme law of the land. There are lots of Federal laws that are not constitutional and when challenged in court, are dismissed.
The people made the States; the States made the Constitution, the Constitution, by way of the people made the Federal government. The Constitution tells the Feds what to do. The Feds don’t tell the Constitution what to do.
Let the illegals work. Let them look for jobs. I would much rather have them working rather than breaking into my house and stealing, robbing, murdering, and raping.
We can still arrest them on the job site. We can still arrest employers of illegal aliens. We can still arrest illegal aliens for the countless traffic violations they commit every minute in their cars, the petty crimes of assault, disorderly conduct, loud music, littering, etc, etc.
Point 4 is a problem area because the authorities have a hard time deciding on just exactly what is a “removable alien”. A definition is usually at the discretion of arresting officers, prosecutors or judges. They all have a different feel for what constitutes “removable alien”.
With 17 different items to rule on, she found only those four that she asked Arizona not to do, until the courts make a final decision.
The other 13 items: Require the State to work with the Federal government in alien matters (which is as much an order to the Feds to cooperate with the State, as the Constitution already requires), allows citizens to sue authorities for not enforcing SB 1070, amends the crime of human smuggling, makes it a crime for day laborers, and people picking them up, if it impedes traffic (no more street corners), amends the crime of knowing employment of unauthorized aliens, amends the crime of intentional employment of unauthorized aliens, amends the requirement for checking employment eligibility, creates the gang and immigration intelligence team enforcement mission funds (cash to look for and prosecute illegal aliens), administering SB 1070, creates a separate crime for a convicted criminal to engage in transporting or harboring illegal aliens, amended the provisions to impound or remove vehicles used in transporting illegal aliens.
Judge Bolton did intentionally uphold 13 out of 17 items in SB 1070.
Judge Susan R. Bolton’s order today is very well thought out, with the US Constitution in mind along with individual State’s Rights. Her decision is non-political, unbiased and a very compassionate stand, for legal and illegal aliens and citizens of America.
Her Court ruling stated: “The United States [Department of Justice] must first demonstrate a likelihood of success on its merits.” They failed miserably.
The United States of America, Department of Justice, could only demonstrate a potential 4 out of 17. And those four are like water off a duck’s back.
Nothing has been changed. Nothing has been taken away from Arizona.
Major News has been blasting the announcement of “Boycott Arizona!” coast to coast, every day. They’re so stupid. Major News in America is totally out of touch with any semblance of reality.
Their big Boycott Arizona campaign has resulted in Arizona’s tourism income to rise 11% over last year.
Arizona is now free to determine its own destiny in regard to illegal aliens. 20 different States are, right now, considering similar laws for their States.
Illegal aliens are now free to leave Arizona.
Only corrupt politicians and business owners will miss them.
Mark S. McGrew
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