Text of Arizona’s Anti-Illegal Immigration Law – Part 1 (LINKED)

28 04 2010

ARIZONA LAW LINK

ORIGINAL LINK

Text of Arizona’s Anti-Illegal Immigration Law – Part 1
By On the Net, on April 25th, 2010

There has been a great outcry in the press and on the internet about the terrible new anti-illegal immigrant law signed into law by Arizona Governor Jan Brewer on April 23, 2010. The sad reality is that very few people on both sides of the issue have actually read the new law, but their ignorance of the law does not stop them from making statements about it. In the coming weeks I will be reporting on the actual language of Arizona Senate Bill 1070, aka SB 1070 or the anti-immigrant law.

The first thing the new law does is require that all state and local agencies and personnel refrain from not enforcing EXISTING federal laws. A number of elected and non-elected Arizona government officials have made the decision without any legal basis to not enforce existing immigration laws. The question now becomes will these same people ignore the new Arizona law?

One of the most controversial provisions of the new law is the requirement that people must prove they are legally in the U.S. when asked by a police officer. For most people, they can prove legal status merely by showing the officer a valid Arizona driver’s license, a valid tribal enrollment card or other form of tribal identification, a valid Arizona nonoperating identification license or any valid United States federal, state or local government issued identification.

Text of New Arizona Revised Statutes Section 11-1051 (effective 90 days after the end of the current Arizona legislative session). See “Text of Arizona’s Anti-Illegal Immigration Law – Part 2,” which contains the text of new ARS Section 13-1509 and “Text of Arizona’s Anti-Illegal Immigration Law – Part 3,” which contains the text of new Sections 13-2319.E, 13-2928 and 13-2929. This post does not contain the entire text of the new law. Additional parts of the new law will be in future posts.

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

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

1. A valid Arizona driver license.
2. A valid Arizona nonoperating identification license.
3. A valid tribal enrollment card or other form of tribal identification.
4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.

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

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

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

1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.
2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.
3. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and Nationality act.
4. Pursuant to 8 United States Code section 1373 and 8 United States Code section 1644.

F. This section does not implement, authorize or establish and shall not be construed to implement, authorize or establish the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302), including the use of a radio frequency identification chip.

G. A person who is a legal resident of this state may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy or practice that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order that the entity pay a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.

H. A court shall collect the civil penalty prescribed in subsection G of this section and remit the civil penalty to the state treasurer for deposit in the gang and immigration intelligence team enforcement mission fund established by section 41‑1724 [KEYTLaw Comment: This section is part of the new law and reads as follows: 41-1724. Gang and immigration intelligence team enforcement mission fund. The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11‑1051 and monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are subject to legislative appropriation and shall be used for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.].

I. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.

J. Except in relation to matters in which the officer is adjudged to have acted in bad faith, a law enforcement officer is indemnified by the law enforcement officer’s agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section in which the officer may be a defendant by reason of the officer being or having been a member of the law enforcement agency.

K. This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.





Tosh.O – Is It Racist

31 03 2010

Vodpod videos no longer available.

more about "Tosh.O – Is It Racist", posted with vodpod

Daniel Tosh as seen on Comedy Central’s TOSH.O





a true love story

31 03 2010

I want to stay off the politics of the day to focus on something that I think is more important. A love story. This is a true story and I hope that by sharing it might brighten your day:

A True Love Story: the story of how, despite cancer, two people found love and embraced it

Katie Kirkpatrick, 21, held off cancer to celebrate the happiest day of her life. Katie had chased cancer, once only to have it return-to clog her lungs and grab hold of her heart. Breathing was difficult now, she had to use oxygen. The pain in her back was so intense it broke through the morphine that was supposed to act as a shield. Her organs were shutting down but it would not stop her from marrying Nick Godwin, 23, who was in love with Katie since 11th grade.

Nick Godwin, 23, left, takes a moment of rest while his bride Katie Kirkpatrick, right, gets an intravenous procedure to reduce the amount of fluids her body is retaining at McLaren Regional Medical Center in Flint on January 12, 2005. Nick Godwin who works night shift as a Lapeer County Sheriff’s deputy took Katie to the medical center after a night’s work, three days before their wedding.

Katie Kirkpatrick, 21, puts on some hearings a few minutes before walking down the aisle to marry Nick Godwin, 23, who she had known since 11th grade, at Church of Christ in Hazel Park on Saturday January 15, 2005.

Dave Kirkpatrick gives the thumbs up to his new son in law while admiring the couple with his wife Niki Kirkpatrick, right, after Nick and Katie got married at Church of Christ in Hazel Park on Saturday January 15, 2005.

Katie Kirkpatrick Godwin, right, gets serenaded by her new husband Nick Godwin, and his best men during the wedding party on the dance floor at Boulder Point Golf Club and Banquet Center in Oxford, MI, on Saturday January 15, 2005.

Katie Kirkpatrick, 21, and Nick Godwin, 23, cuddle up for a moment while waiting for the wedding photographer to get ready after getting married at Church of Christ in Hazel Park on Saturday January 15, 2005.

Katie Kirkpatrick Godwin, center, rests for a few moments during her wedding party at Boulder Point Golf Club and Banquet Center in Oxford, MI, on Saturday January 15, 2005. Katie was exhausted. Her face looked as white as her gown.

Five days later, Katie died. She did not let sickness stop her from living, take away the hope or faith that made her believe she had a future. She had a lovely wedding and she had love and she gave love and love doesn’ t die. And that is how Katie beat cancer.





Is Profiling at Airports the Answer?

30 12 2009

Hello. I am a Christian white male. Since I do not fit the profile of a terrorist, is it fair I have to wait 4 hours to get onto a plane? That every inch of my person can be searched and every orifice examined? And then to let an Arabic Muslim on through the check point without so much as a whisper because searching that person would be profiling? How is that fair? It is a fact that those committing acts of terror are Islamic Extremists. Fact. Christians, Buddhists, Hindis, and Taoists are not committing acts of terror. Islamic extremists are. So, shouldn’t every Muslim be checked? Yes, I think so. It IS profiling, however it is not my fault for profiling and it IS unfair to all Muslims. But, the Muslims who are searched and are innocent, which most of Islam would be innocent, the pain and suffering caused by the search, well, blame the Islamic Extremist Terrorist for that one. Don’t blame me. I see it like this. If I have a choice to profile every single Muslim in the airport or let one innocent person die at the hands of an Islamic Extremist Terrorist, than I will chose the latter every time. And to my Muslim friends that frown on this approach. You need to learn to focus your anger not on the profilers BUT on the people causing the profiling. Focus your anger on the Terrorists. Speak out against them. Yes, it is unfair, but there is no choice. Blame Terrorists!!!!

Back in the 60s and 70s, Israel was suffering hijackings one after the other. They then implemented profiling and since then, despite all the hate mail from the UN and Liberals, there has not been a single act of terror on an Israeli flight. Period.

Proof is in the pudding folks.





The Dollar Bubble

26 12 2009

I find it harder and harder each day to open my email or the current market newspapers without thinking to myself, “Can I give back all that I have learned and realized?” It’s tough folks, I know, but it’s the definite truth. In an attempt to educate as many people as I can, I have put up this video for you to watch. Do not dispare! When people are aware of what is going on, how things work, and what is being done to them, then solutions can be pursued. I think that this is like the flood Noah faced. The only thing that can really be done on the personal level is to secure yourself with an Ark (of sorts). Educate your friends and family. Ask questions. You will get things wrong. That is okay. Arm yourself with facts. And get out of the dollar … silver is <$20 an ounce. I think you can afford silver if you can afford alcohol, cable TV, cars, clothes, etc … Silver was $9 an ounce this time last year. What do you have to show for your purchases from last year? If not much, time to stop buying those things and get into an insurance policy called gold and silver.





HR 3200 Health Care Bill (Full Text)

8 10 2009

LINK

I have linked the FULL 1017 page text of the Health Care Bill for your review.





“Obama is a racist” not okay but “White woman is a racist” ok?

30 07 2009

If you havent heard, there is a controversy going on with Radio and Tv Host Glenn Beck. Tuesday on Fox N Friends, he claimed President Obama was a racist based upon Obama’s policies. The media and the country are up in a stir calling FOX NEWS racist and Glenn Beck racist … what the hell is going on?

Well, to illustrate a thought Im having, lets take a look at Lucia Whalen. She is the caller to 911 that reported the break in at Harvard Professor Gate’s house. Truth is, she has been threatened, attacked, and scared to death. People have been calling her a racist because she called in a possible break in … do you understand what I am saying? Did you read what I said? She is being attacked and called a racist for calling in a break in. She did the right thing. Turns out an elder woman approached Whalen and asked her to call 911 since she didnt have a cell phone off her own … what? How the hell is this woman a racist? Check out the article below. Its quite obvious that the RACE industry is out of control and people are absolutely illogical and damn near criminal in their charges … if this woman is a racist than guess what … so is President Obama.