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GUEST OPINION
 
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!