Arizona: Countdown to the Showdown on S.B. 1070
By Frosty Wooldridge
By Frosty Wooldridge
Back in 1776 and through the creation of the U.S. Constitution in 1790, Thomas Jefferson, James Madison and Ben Franklin stressed states’ rights in the new republic being formed by those great minds.
In 2012, we see our states’ rights being usurped and undermined by a corrupt federal government that will not enforce our immigration laws and it will not allow states to protect themselves from the scourge of 20 million illegal aliens—working and living in America—in violation of our laws.
The fact remains that your two U.S. senators and your congress critter work against you as a U.S. citizens by championing illegal aliens within our country. The U.S. Chamber of Commerce advocates for illegals, the ACLU, Maldef, LaRaza, LuLac and others work to help illegality at every juncture. Piling onto the scrum, Marriott Hotels, McDonald’s, Hormel, Swift, Tyson Chicken and dozens of other companies cheat taxes, work laws and our own unemployed in their never ending quest to maximize profits.
Finally, our day in the Supreme Court
Dan Stein, president of the Federation of American Immigration Reform, www.fairus.org , talked about what Arizona’s S.B. 1070 law faces at the Supreme Court level.“Beginning next week, Americans will be bombarded with coverage of Arizona’s first-in-the nation immigration enforcement law being heard in the Supreme Court,” said Stein. “SB 1070 is the bill which has become the focal point for the showdown between federal and state authority to enforce immigration laws, and the bill other states have replicated. FAIR’s position on SB 1070 is clear: The law is constitutional and effective and due to its efficacy, the Obama Administration has labeled it, and other state laws, a threat to its non-enforcement policy.”
In a Nutshell
“The question for the Court is going to be this: can the federal government stop states from participating in immigration enforcement; is it exclusively the role of the federal government?” said Stein. “A favorable ruling will pave the way for more states to enact bills, thus limiting the scope of the Obama Administration’s non-enforcement policy. An unfavorable ruling will mean continued dismantling of immigration enforcement at the federal level with no available legal means for states to protect themselves.”
In this Corner - The DOJ’s Argument
“The Administration’s core argument is that federal law preempts SB-1070,” said Stein. “They will claim the authority to regulate immigration is the job of Congress and the authority to enforce the law is solely a federal responsibility. While arguing its case, the DOJ will make a legal stretch and suggest that Congressional intent also includes the discretionary authority Congress gives to the Executive Branch. If that argument were accepted, it would mean the President would have broad legal authority to not enforce the law.”
So, according to the Administration, SB 1070 is preempted because it conflicts:
- In some places with the intent of Congress.
- In other places with the Administration’s immigration policies – including new priorities set by the Department of Homeland Security to grant administrative amnesty to large categories of illegal aliens.
“To some extent, Arizona’s arguments are simpler,” said Stein. “Arizona rejects the DOJ’s claim that any and all portions of its bill violates federal authority to regulate immigration and contends that that federal preemption does not preclude lawful participation by states and localities. Arizona attorneys will argue in defense of most provisions of the bill that if states enforce illegal immigration in a manner consistent with federal law it is not unconstitutional.”
The Provisions in Question
- Section 2: Requires state and local law enforcement officers, during a lawful stop, arrest or detention, to inquire about immigration status if the officer has reasonable suspicion to believe the individual is an illegal alien.
- Section 3: Provides that is a violation of state law for an illegal alien to be in violation of the federal alien registration statutes.
- Section 5: Creates a misdemeanor offense which prohibits illegal aliens from applying for work, soliciting work in public places or performing work in Arizona.
- Section 6: Authorizes state and local police officers to conduct a warrantless arrest of an individual if the officer has probable cause to believe the person has committed a removable offense.
S.B. 1070 is a states’ rights issue. Hopefully, the Supreme Court will grant states’ rights to Arizona so other states can work to protect themselves from this alien invasion. Reagan, Bush, Clinton, Bush II and Obama didn’t enforce the laws.
Never in American history have we citizens been so misrepresented by the last five presidents as to protection of our borders. Our Congress cheats, lies and fails to protect American citizens. On the same side, most American citizens remain so incredibly apathetic as to lack enough energy to vote, to engage, or to save themselves as they watch their country being invaded linguistically, culturally and, ultimately, watch it morph into a third world country.
Join us and make a difference. www.fairus.org