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Illegal Aliens in our
Country Assaulting, Killing, and Intimidating American Citizens
By State Rep. Russell
Pearce
Feb. 5, 2007
This week, we lost another American; a young Gilbert Mother killed
in Mesa, by an illegal alien fleeing from the police who had been
cited and released just the week before by Mesa PD. Local law
enforcement has the authority to arrest and book on immigration
violations, but the police were not allowed to do so. Mesa is a
sanctuary city, and refuses to allow our police to do their job.
As a result this mother left two children behind. Our government
is complicit in these deaths and injuries to our citizens.
Illegals are responsible for more deaths in the U.S. Each year
than we lost at Pearl Harbor, in the 9-11 attack and in the Iraq
war to date. Where is the outrage of our government? According
to a Congressional report as many as 9,000 killed each year in the
U.S. By illegal aliens; 25 per day, 12 by stabbings and shootings
and 13 a day by DUI and other vehicular crimes. We have become
the home-invasion, car-jacking, identity-theft capital of the
Nation.
FREE: Schooling, housing, medical,
food stamps, along with jobs that Americans use to do, social
security benefits, UnConstitutional Citizenship by birth to
non-Americans, subsidized mortgages, drug trafficking, gangs,
identity-theft, tax evasion, anti-American attitudes, and
demanding services and education in their language!
We have those that are in violation of their Oath of Office. They
have not kept the promise or met their obligations to American
Citizens.
Arizona Republican Party takes a strong stand: Jan. 27th, The
Arizona Republican Party at their State convention, with over 800
elected State Committeemen who represent this party from every
single Legislative District and Congressional District and
represent the core values of this party voted unanimously to
support a resolution to enforce laws on Employer Sanctions and the
elimination of Sanctuary Policies in this state.
The numbers; 5,000 to 10,000 each day, 3 to 4 million annually,
More than 23 million “illegal aliens” currently live in the U.S.
We know the cost is billions in healthcare, education, crime, loss
of lives, etc. We do know that law abiding citizens are being
damaged, hurt and killed everyday.
We have a massive failure of government, like Hurricane Katrina,
the failure is at all levels, federal, state and local.
We are a Nation of Laws. We “Our” elected officials, and our
appointed officials, must have the courage – the fortitude – to
enforce, with compassion but without apology, those laws that
protect the integrity of our borders and the rights of our lawful
citizens.
According to recent polls 87 percent of Americans want illegal
immigration stopped and the laws enforced!
Today, conditions are probably as bad as or worse than they ever
have been on the border. What we find is a mass invasion of
historic proportions: individuals running through backyards,
breaking down fences, slaughtering cattle, cutting their dogs'
throats if they bark, and terrifying people. Men and women who
live on the border walk around armed. Women accompany their
children to the bus stop with a gun in their purse in the heaviest
cross-corridors.
We find that people are afraid to go out at night. Water tanks
are emptied. Stock gets killed. Fences are destroyed. It's a
very, very bad and our politicians continue to pander.
We must secure our borders and enforce our laws now! Our citizens
deserve it, our Constitution demands it, and our Oath of Office
requires us. We have the ability, the technology, the resources
we just need honest and dedicated servants to honor the will of
this great nation.
Violent illegal aliens gangs that roam our streets robbing,
stealing injuring, and killing our citizens, and the law
enforcement officers/border patrol/park rangers everyday. Two
deputy Sheriff’s in Maricopa County (AZ) shot while serving murder
warrants on illegal aliens (one of them being my son who was
critically injured).
The largest and most violent gangs in America are made up of
illegal aliens (I.e. MS-13 ’50,000’ strong, one of the most
violent ever known).
Unlike Vegas, what goes on in Arizona does not stay in Arizona.
We are the gateway to the rest of the U.S.
Yes, many of these people simply want to better their lives.
However we must distinguish between legal and illegal. People who
have enough respect for this great country to abide by its laws
and follow the established procedure for so doing are welcome.
Every single American, in every corner of the country, is at risk
from our unsecured borders!
The Federal government has the Constitutional duty to secure our
borders.
Article IV Section 4 of the U.S. Constitution states that, "The
United States shall guarantee to every State in this Union a
Republican form of Government, and shall protect each of them
against invasion." If three to four million "illegal" aliens
coming across the border annually is not an invasion, I don't know
what is!
Why are we not enforcing the law?
Local Law Enforcement’s Inherent Authority of Immigration Law:
1996 Immigration Control Act made it clear local law enforcement
could enforce immigration law. The courts have agreed.
Congress has firmly established that there is a significant public
interest in the effective enforcement of immigration law. In the
absence of a limitation on local enforcement powers, the states
are bound by the Supremacy Clause of the United ‘States
Constitution to enforce violations of the federal immigration
laws. "The statutory law of the United States is part of the law
of each state just as if it were written into state statutory
law."
Often a misunderstanding of the relationship between federal
criminal and immigration law causes one to believe being present
in the U.S. in violation of immigration law is civil and "not a
crime" and is clearly wrong. The enforcement role given to local
government by the Constitution and the Congress is clear.
Unsanctioned entry into the United States is a crime.
State and local law enforcement officials have the general power
to investigate and arrest violators of federal immigration
statutes without prior INS knowledge or approval, as long as state
law does not restrict such general power.
The U.S. has a "compelling interest" in the criminal prosecution
of immigration law violators, which is a part of a comprehensive,
essential sovereign policy of uniform immigration law enforcement.
In Sections 1324 the language that referred to officers "of the
United States" when talking about authority to arrest was stricken
from section 1324 by amendment. In People v. Baraja, a California
court concluded, "that change can only mean that the scope of the
arrest power under section 1324 was enlarged; in no way can it
mean that the scope of arrest under the other two sections was
restricted. Such an acute non sequitur would attribute to the
Congress both serious inconsistency and profound lack of logic."
Other important amendments to federal law enacted in 1996 were
intended by Congress to encourage state and local agencies to
participate in the process of enforcing civil as well as criminal
federal immigration laws by providing incentives such as reduced
liability and specialized training.
In 1999 a decision in the Tenth Circuit Court of Appeals upheld
the independent authority of local police departments to enforce
federal immigration law. The U.S. Dept. of Justice endorsed this
doctrine in April 2002. Under Attorney General Ashcroft, the U.S.
Dept. of Justice took the position that state and local police
have inherent authority to enforce civil immigration laws.
Assistant Attorney General Kobach explained that the inherent
arrest authority of states arises from their pre-constitutional
status as sovereign entities. The powers retained by the states at
the time of ratification proceeded "not from the people of the
United States, but from the people of the several states," and
remain unchanged, except as they have been "abridged" by the
Constitution. The authority of a state to arrest for violations of
federal law is thus not delegated; but "inheres in the ability of
one sovereign to accommodate the interests of another sovereign."
This federalism-based analysis has a strong judicial pedigree.
The courts also ruled (Miller v. U.S., 357 U.S. 301, 305(1958)
that a warrant less arrest "of an arrest for violation of federal
law by state peace officers."
Sanctuary policies are illegal. Local, state, or federal
government agencies that sanction or retaliate against employees
or officials who report immigration law violations to ICE or the
Border Patrol can be sued by the whistleblower under 8 U.S.C. 1373
or 8 U.S.C. 1644 for damages and costs.
Citizens have a constitutional right to expect the protection of
federal laws which prohibit unauthorized activities by
non-citizens; they are denied equal protection when a police
department or magistrate acts in a manner that encourages or
assists persons selected on the basis of nationality or alien age
to engage in such unlawful activities.
Illegal aliens are not a suspect class entitled to Fourteenth
Amendment based on strict scrutiny of any discriminatory
classification based on that status, nor are they defined by an
immutable characteristic, since their status is the product of
conscious unlawful action.
Supreme Court Ruling Razes Artificial Fire Wall Between Local Law
Enforcement and Immigration Enforcement (Muehler v. Mena) 9-0
Landmark Decision (Washington D.C.—April 1, 2005) In its March 22
ruling in the case of Muehler v. Mena, the Supreme Court removed
barriers that prevent local law enforcement officers from
questioning the immigration status of individuals they suspect to
be in the United States illegally.
Congress expressly intended for local law enforcement to act in
cases in which officers have reason to believe that an individual
is in the country illegally, even though immigration law
enforcement is not their primary responsibility. In 1996, Congress
passed and President Clinton signed legislation that protects
individual officers who act to enforce federal immigration laws,
even if their departments have non-cooperation policies.
I was in law enforcement for over 30 years and know the value of
handcuffs; when they are on the right people. Get them off from
law enforcement and put them on the law violators!
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