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GUEST OPINION
State Rep. Pearce Defends Actions in Defense of National Sovereignty By State Rep. Russell Pearce I have a hard time understanding why folks like Gary Nelson (Enough (Misinformation) is Enough: Toward A Rational Response To the Immigration Problem) stand up for criminals (illegal aliens) and want to argue with the clear facts. I have always been serious and active in protecting our citizens from criminals. I have spent 30 years in the criminal justice system. As the former chief deputy of Maricopa County Sheriff's Office, in 1993 I authored and built Tent City to make sure there was never a No Vacancy sign up in Maricopa County. If law enforcement really cared about safe neighborhoods and safer streets, they would enforce our laws. Over 4,000 homicide warrants have been issued to suspects who have fled back south across the border. The largest and most violent gangs in America are made up of illegal aliens. Arizona is No. 1 in the nation in crime, Phoenix is the fifth-most likely city to murdered in in America and in part because of sanctuary policies like in Phoenix that restrict law enforcement from enforcing the law they have the inherent authority to enforce. The following list of slain law enforcement officers by illegal aliens does not include the hundreds of homicides, home invasions, car jackings and other violent crimes or the billions in cost to the taxpayer. Deaths and Maimings of Police Officers in Arizona by Illegal Aliens Officer Kenneth Collings of the Phoenix Police Department was killed in 1988 during the arrest of two robbery suspects at a local bank when one opened fire. One of the robbers, Ismael Conde, was quickly arrested but the other, Rudy Romero, escaped to Mexico. Romero was caught in southern Mexico in 2000 and brought back to stand trial. The Arizona Attorney General's Office credits help from the Phoenix Police Department, the FBI, the attorney general for the Republic of Mexico, and the Mexican Federal Agency of Investigation — a rare and welcome act of extradition from our southern neighbor. In March 2003, Romero was sentenced to 98 years in state prison. Phoenix Police Officer Marc Atkinson was just 28 when he was shot and killed in a 1999 ambush by an illegal alien from Mexico. Officer Atkinson was a five-year veteran of the Phoenix police force and was survived by his wife Karen, infant son and two siblings. The killer, Felipe Petrona-Cabanas, had a pound of cocaine in his car when apprehended with two other Mexican nationals. The three came from a farming area in the state of Guerrero near Acapulco and said they came to the United States to work but couldn't find any. A notable detail in the case is how an armed citizen, Rory Vertigan, came to the aid of the shot officer and helped apprehend the Mexicans, who certainly would have escaped over the border if they could have. Phoenix Police Officer Robert Sitek was shot four times April 12, 2003 during a traffic stop altercation with an illegal alien that became violent. Sitek and his partner David Thwing were on routine patrol when a red truck cut off their squad car, and when the officers stopped the truck the driver began shooting. Officer Sitek was in cardiac arrest by the time he reached the hospital and lost a considerable amount of blood. Shooter Francisco A. Gallardo was a Mexican citizen who had recently completed a seven-year prison term for aggravated assault. He had been deported after his release, but had returned to Arizona. Gallardo was shot and killed as he tried to escape by officer Thwing. Medical Update, June 5, 2003: Officer Rob Sitek has had a slow but gradually successful recovery from injuries that surely would have been fatal to most. At nearly two months after the shooting, he has pulled out of a three-week coma, is still unable to walk but is determined to do so and eventually return to work. The murder of Kris Eggle a park ranger in the Organ Pipe Cactus National Monument in southern Arizona on August 9, 2002, was little noted by the media, although the press has paid considerable attention to the deaths of illegal aliens on the border. By contrast, Ranger Eggle was shot down by Mexican drug dealers who were using Organ Pipe as a route for their smuggling. Only 28 when he was murdered, Eggle was a valedictorian and an Eagle Scout who joined the National Park Service because he loved the outdoors. (Organ Pipe is considered to be the most dangerous of the national park system: 200,000 illegal aliens and 700,000 pounds of drugs were intercepted at the park in 2001.) The Eggle family is determined that his death will not be forgotten by working for real border control, including a Washington press conference with Tom Tancredo in the fall of 2002. The Eggles have a family website, www.kriseggle.org, to inform interested parties about what they are doing.
Border Patrol
Agent James Epling died in performing his duties along the
Mexican border, apparently drowning in the Colorado River in pursuit of
several illegal aliens and was last seen along the shoreline as he
followed the foreigners. He was the seventh border officer to die in the
line of duty in Yuma. Agent Epling was just 24 and was the father of
three, going on four. His father-in-law is a retired Border Patrol agent
from the McAllen, Texas sector. Two deputies – Lew Artsinger Jr. and my son Sean Pearce -- were shot Dec. 16 in Mesa by an illegal alien whom they were trying to arrest while executing a search warrant. Fortunately, both have wounds that are not life threatening, although Artsinger may lose the use of his hand. Pearce was shot in the chest but was protected by body armor; he was hit in the stomach just below the vest. I was in Washington to appear on an immigration panel at the Brookings Institute when I received the news that my son had been shot. Sgt. Manuel H. Tapia was shot at about 7 p.m. Jan. 7, 1991, in Nogales by a drug suspect. He died at about 1 a.m. Jan. 8, 1991, at Tucson Medical Center. The suspect, Noel Gonzales-Bernal of Nogales, Sonora, Mexico, was fatally shot by a Nogales police officer. The incident occurred in Nogales, about a mile north of the border, after Tapia and the Nogales police officer stopped the suspect's Thunderbird. Upon asking the suspect to open the vehicle's trunk, the suspect fled on foot with Sgt. Tapia chasing him. The suspect then turned and shot Sgt. Tapia. The suspect was then shot. It was later learned that Sgt. Tapia was unarmed, having inadvertently left his weapon in his vehicle. Officer Robert K. Martin, 57, a 27-year veteran with the Department, was shot to death during a traffic stop on the Beeline Highway on August 15, 1995, about seven miles north of Shea Boulevard. His assailant, Ernesto Salgado Martinez, a 19-year-old ex-convict from Globe, fled the scene and was captured two days later in California. Today, Martinez awaits sentencing after being convicted on Sept. 26, 1997, on one count of first-degree murder, two counts of theft and two counts of misconduct. He was sentenced to death by lethal injection on Aug. 18, 1998, by Maricopa County Superior Court Judge Christopher Skelly. Agent Richard Fass, 37, of the United States Drug Enforcement Agency, was murdered on June 30, 1994. Agent Fass went to a strip mall in Glendale, Arizona to complete a narcotics transaction. He was shot six times in the head at point blank range with a .45 caliber handgun. The two shooters were quickly arrested, prosecuted, convicted and sentenced to life without the possibility of parole, plus 55 years. The mastermind of the plot to kill Agent Fass was Augustin Vasquez-Mendoza and the Mexican government refused to extradite him to the U.S. Vasquez-Mendoza is from Mexico. Agent Alexander Kirpnick, 27, of the United States Border Patrol, was murdered on June 3, 1998. Agent Kirpnick and his partner stopped Bernardo Velardez-Lopez, Julio Cesar Arenas-Hernandez, Manuel Gamez, and Juan Manuel Umares-Rivas, while transporting marijuana in backpacks across a well-known drug corridor west of Nogales. Agent Kirpnick had defendant Velardez-Lopez on his knees and was searching him when two of the suspects broke away from Kirpnick's partner and ran. As Kirpnick became temporarily distracted by the escape, Velardez-Lopez removed a concealed gun and shot Agent Kirpnick in the head. Velardez-Lopez is from Mexico. A photo of himself reminds Jason Schechterle how he used to look. He suffered fourth-degree burns when his patrol car went up in flames after being struck by a taxi. In May of 2001 Phoenix Officer Jason Schechterle, on the force 13 months, was responding to a hot call from an adjacent precinct. Officers from that precinct were occupied on other calls, so Officer Jason Schechterle took the call himself. With his lights and siren on, he came to a stop at a red light at an intersection under a freeway overpass. As he was preparing to proceed, his cruiser was struck from behind by a taxi cab going 115 mph. His Crown Vic erupted in flames traveled 226 feet and came to a stop about 50 feet from a fire truck across the street. Rogelio Gutierrez, the taxi driver, was an illegal alien who had been cited at least four times for driving illegally. He was an epileptic who had not been taking his medication. Gutierrez was found guilty of assault and currently is spending 12 years in prison. He offered no apology. In another case of justice denied, the murderer of Phoenix high school student Tanee Natividad merely crossed the border into Mexico to escape law enforcement. A local television station was able to track down the murderer in a bar just a few miles across the border without much effort. Max LaMadrid has no reason to hide because the Mexican government actually helps violent criminals escape American justice. According to then Arizona Attorney General Janet Napolitano, action by the Mexican Supreme Court making it more difficult to extradite criminals has "created an incentive for people to flee into Mexico as a safe harbor." At one time, Mexico would not extradite criminals who might be subject to the death penalty; the Mexican court recently extended this "protection" to any Mexican who might receive a life sentence, thereby giving a free pass to rapists, kidnappers and child molesters. In fact, the investigating reporter found 100 cases of violent criminals from the Phoenix area escaping into Mexico in just the last few years. Meanwhile, the grieving family of 16-year-old Tanee gets no justice — like thousands of others in the southwest. Another tragic addition to the list of unnecessary deaths caused by violent illegal aliens was the newlywed couple, James and Emilia Lee of Huachuca City, Arizona, who had been married only six weeks. They were killed Oct. 16 when a truckload of at least 17 illegal aliens traveling at 90 mph crashed into several vehicles near the town of Sierra Vista, leaving a horrific scene of carnage. The aliens were trying to escape police after they had run a stop sign, and the truck rammed into a line of nine vehicles waiting for a turn light near Fort Huachuca. Lee was 75 and his new bride Emilia was 71. The couple had been planning a fishing trip to Mexico with Joe and other relatives. Both James and Emilia were known as neighborly, never hesitating to reach out to help. James often helped out when someone needed a home repair done, and Emilia was an active volunteer for her church. Nearly 300 friends and family attended the services for the Lees held Oct. 21. Deportation starts with a traffic stop. We also must go after employers who hire illegal aliens. As Disney learned a long time ago, if you want people to go home, shut down the rides. Local law enforcement has inherent authority to enforce immigration law. Article VI of the U.S. Constitution the "Supremacy Clause" makes it clear, the 5th, 8th, 9th and 10th circuit courts and last year the U.S. Supreme Court in a landmark decision made it clear that locale law enforcement can ask and can act. Truly this governor is the best friend an illegal
alien has. It is a sad day when this governor and the Democrat
legislators and a few Republican legislators sides with law breakers
against law keepers and citizens. Our elected officials have sworn to
protect and uphold the laws and the Constitution. You want to protect limited resources? You want to protect the environment? Secure the border and enforce our laws We do not need comprehensive reform, what we need is comprehensive enforcement! When do we stand up for Americans and protect our citizens? Here in Arizona we spend about $1.2 billion annually just in K-12 educating over 185,000 Non English speakers (most if not all illegal aliens). Arizona is No. 1 in crime: a correct correlation to the illegal alien invasion. Phoenix is the fifth-most like city to be killed in. Illegal aliens are responsible for the largest and most violent gangs: (the MS13 gang numbers some 30,000 to 50,000 in over 35 major cities; the 18th Street gang in LA is 20,000 strong). Huge health care cost, criminal justice cost, filling emergency rooms I often ask this question of folks: What do the approximately 50,000 people who live in the Sierra Vista area, and the approximately 50,000 people who live in the Prescott area, and the approximately 50,000 people who live in the Flagstaff area all have in common – other than living in Arizona? Well, if you add up all those people and if you add the entire population of Mesa, Arizona – that’s an additional 400,000-people – if you add them all up – you would still not have as many people as there are illegal aliens living in Arizona right now! The Pew Center for Hispanic research – and this is a relatively liberal group – estimated more than a two years ago that at least 500,000 illegal immigrants live in Arizona. But that was a couple of years ago. The number now is certainly in excess of 600,000 people (perhaps 1,000,000). We know that atleast 5,000 to 10,000 cross our southern border "daily"! That’s more than one out of every ten people who live in our state! One out of every 10 people you pass on the road. One out of every 10 people you see at the store; and more than one of every 10 people you see in our classrooms and probably one out of every two in our emergency rooms. Why the additional numbers there? Because illegals often use our emergency rooms to obtain free primary care; and because generally, the birth rate among illegal immigrants is substantially higher than the population at large. This results in more hospital visits and more children in the classroom. When do we enforce our laws? But until the past 30 years, that meant we were a nation of legal immigrants. Legal entrants who would apply for admission, who had a U.S. sponsor who would support them if necessary, or skills, or education, or some money of their own – and often they had all of these things. Only in recent history has America – and now particularly Arizona -- been flooded with illegal international trespassers, most of whom don’t have any of the things I just mentioned. They sneak across the border hoping for a better life, but immediately needing free health care, free education, and free government support if they can get it and usually do get it. A new federal report show only 4 states verify eligibility before you get Medicaid (in Arizona it is AHCCCS) a $5 billion program with more folks enrolled in AHCCCS than all of K through 12. But those things aren’t free. We pay for them. Right here in Arizona the average legal family pays at least an extra $2,000 every year to support illegal immigrants and another $2000 in taxes to make up for the over $300 billion in unpaid taxes by the underground workforce that don't pay taxes and still use services such as education ($8500 annually per child) not including ELL. And those are just the direct expenses. They don’t include the cost of increased crime, education, increased car insurance, and other direct, but non-governmental expenses. This is legislation I ran this year (some of it I have introduced several years in a row); What is in the legislation? $160 million for border security and enforcement (the governor vetoed the bill): Employer Sanctions (fifth year I have introduced
this) Create an additional state crime for illegal aliens
to enter or remain in Arizona (permissive for law enforcement/an
additional tool) This is the governor that marched in the streets against Protect Arizona Now (Prop. 200) that was to protect the integrity of our elections and stop welfare fraud. This is the governor who has vetoed "nine" bills to enforce our laws against illegal aliens This is the governor that declared a State of Emergency back in August of '05 and did not put one additional guardsman on the border. This is the governor that continues to make drive-by statements about border security and then refuses help secure the border or enforce the law. This governor uses fallacious and misleading statements to justify her vetoes. This invasion across our border is causing billions of dollars to the taxpayer, 185,000 non English speakers in our K-12 at over $1 billion cost to taxpayers, health care cost, criminal justice cost, largest and most violent gangs in American (MS13 (30 to 50,000), 18 street gang over 20,000), Arizona is #1 in crime in the nations a direct correlation to failed border security and "illegal" Sanctuary Policies local police chiefs, sheriffs and politicians. This governor ignores that damage to this nation, the cost to the taxpayer and impact on our neighborhoods as she continues her proven history of being the best friend of "illegal" aliens. She is purposely misleading and completely wrong in saying that the illegal immigration bill “indemnifies” employers. House Bill 2577 calls for strict employer sanctions
as allowed by federal law. Federal Law prevents states from adding
employer penalties to the front end, but does allow for the suspension
or revocation of business licenses for offending employers. Our bill
goes as far as federal laws allow. There are many in the business
community who oppose this bill because they believe it goes too far.
Here is what it requires: Regarding the trespass provision, again the governor is wrong and simply refuses to allow "true" enforcement of "illegal" activity. On several occasions I have explained to you in detail how the trespass provision of this bill is meant to be used as another tool for local law enforcement. It is constitutional, and the fact that Democrats on the border oppose this bill and support a Democrat governor should come as no surprise to anyone. I suggest that their opposition is political, not practical. The governor claims that this has been “a political game” rather than “a serious effort to protect the border. This governor is the one playing politics. She is the one not being serious about border protection. Since her declaration of an emergency on our border last August—that’s 10 months ago—she has done nothing to secure our borders. In this legislative session alone she has three times vetoed legislation to secure our borders, she continues to hide behind federal inaction, and now claims we have to wait for Congress to act—whenever that will be. Simply, she is not serious about border security and enforcement of our laws. These points are to rebut various claims local law enforcement makes in opposition to a more active role by local law enforcement in helping stop illegal immigration. The claims come from letters (she requested) sent to by some law enforcement chiefs who refuse to enforce our laws and urging the Governor Napolitano to veto HB2577, the comprehensive enforcement legislation;) the 5/19/06 letter signed by various County Attorneys and County Sheriffs from southern Arizona; and 2) the 5/22/06 letter from the Arizona Association of Chiefs of Police. Claim #1: The bill requires law enforcement agencies to enter into Memoranda of Understanding with the federal government regarding immigration enforcement, and the feds don’t enter into these agreements and won’t provide training. Reality: This is patently false. Across the Nation to ensure illegal aliens are removed from the United States. 287(g) programs have already been established in Alabama, Florida, Arizona, North Carolina, and California. DHS will work with its State and local partners to expand these programs to increase targeted enforcement and will be requesting $50 million dollars for this effort along the southern border.” http://www.whitehouse.gov/news/releases/2006/05/20060515-10.html Claim #2: the Ninth Circuit limited the power of local law enforcement to assist with the enforcement of federal immigration law in Gonzalez v. City of Peoria, 722 F.2d 468. Reality: The Gonzalez court held that state and local police
have broad powers to make arrests for violations of federal law, and
held explicitly that state and local police could make arrests for
criminal violations of immigration law. 8 U.S.C. Section 1357. Claim #3: the trespass provision of the bill will overwhelm state and local police departments and will make police departments take resources away from fighting serious crime and devote it to fighting illegal immigration, which is less serious Reality: The bill gives police discretion not to prosecute
first time offenders. Claim #4: Even if enforced, the trespass law will do nothing to stop the revolving door of illegal immigration, and this law only “delays the inevitable.” Reality: This is a repudiation of the theory of deterrence.
With this logic, we should not punish criminal activity at all, because
it is only “delaying the inevitable” as the criminal is likely to
re-offend anyway. Claim #5: Local law enforcement assisting in stopping illegal immigration will have a “chilling effect” on the local illegal alien community and will prevent victims and witnesses from coming forward to report more serious crimes. Reality: Many aliens are afraid to come forward already for
fear of being deported. Cooperation of the illegal immigrant community
in fighting crime is of dubious value. The bill imposes no obligation on policy to determine a person’s immigration status. If a person comes forward as a victim or a witness, there is no obligation on the part of police to ask if that person is illegal or not. Claim #6: The trespassing portion of this bill will lead to racial profiling Under the bill, trespassing by having entered the
U.S. illegally is a secondary offense. Law enforcement cannot stop to
make an arrest or stop a vehicle on suspicion of this offense alone. No person can be arrested or detained without probable cause or reasonable suspicion. Nothing in this bill changes that. Claim #7: A New Hampshire trail court has ruled that the federal government has “occupied the field” and left no room for states to act on immigration matters Reality: This is laughable considering that Congress and numerous United States Courts of Appeals have stated just the opposite, that there is a role for states to play in helping enforce federal immigration law in Gonzalez v. the City of Peoria, a Ninth Circuit case which, unlike a New Hampshire state case, is controlling in Arizona, the court held explicitly that state and local police could make arrests for criminal violations of immigration law. The U.S. Department of Justice’s position, which is
the official position of the United States government, is that states
and localities can make arrests for criminal and civil violations of
federal immigration law that local government can assist with
enforcement of federal immigration law has been officially sanctioned by
various courts and by Congress. Claim #8: A class 4 felony for entering the
U.S. illegally is too high Under federal law, a person who enters illegally
and is deported and then reenters again illegally is guilty of a felony.
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