Article. IV., Section. 4: "The United States shall guarantee to every State in this Union, a Republican Form of Government, and shall protect each of them against Invasion."
I won't even broach the subject of the important role just plain old common sense plays when a civil order attempts to govern itself and maintain order and justice. That's been unfashionable for years and, as we become increasingly balkanized and fragmentized, power goes to the loudest and best mobilized pressure groups and special-interest factions.
Make it illegal in the State of Arizona for an alien to not register with the government, thus being an “illegal alien” (already the case at the federal level: 8 USC 1306a; USC 1304e)
Allow police to detain people where there is a “reasonable suspicion” that they’re illegal aliens (see the recent court case Estrada v. Rhode Island for an idea of what “reasonable suspicion” might entail)
Prohibits sanctuary cities (already prohibited at the federal level, 8 USC 1373) and allows citizens to sue any such jurisdiction
Reality vs. Myth: SB1070
Myth No. 1: The law requires aliens to carry identification that they weren’t already required to carry.
Reality: It has been a federal crime (8 United States Code Section 1304(a) or 1306(e)) since 1940 for aliens to fail to carry their registration documents. The Arizona law reaffirms the federal law. Anyone who has traveled abroad knows that other nations have similar requirements. The majority requests for documentation will take place during the course of other police business such as traffic stops. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country. (See News Hour clip 3:45 seconds in)
Myth No. 2: The law will encourage racial profiling.
Reality: The Arizona law reduces the chances of racial profiling by requiring officers to contact the federal government when they suspect a person is an illegal alien as opposed to letting them make arrests on their own assessment as federal law currently allows. Section 2 was amended (by HB2162) to read that a law enforcement official “may not consider race, color, or national origin” in making any stops or determining an alien’s immigration status (previously, they were prohibited in “solely” considering those factors). In addition, all of the normal Fourth Amendment protections against racial profiling still apply.
Myth No. 3: “Reasonable suspicion” is a meaningless term that will permit police misconduct.
Reality: “Reasonable suspicion” has been defined by the courts for decades (the Fourth Amendment itself proscribes “unreasonable searches and seizures”). One of the most recent cases, Estrada v. Rhode Island, provides an example of the courts refining of “reasonable suspicion:”
A 15 passenger van is pulled over for a traffic violation. The driver of the van had identification but the other passengers did not (some had IDs from a gym membership, a non-driver’s license card from the state, and IDs issued from the Guatemalan Consulate). The passengers said they were on their way to work but they had no work permits. Most could not speak English but upon questioning, admitted that they were in the United States illegally. The officer notified ICE and waited three minutes for instructions.
The SB1070 provision in question reads:
“For any lawful contact made by a law enforcement official or agency 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.”
Myth No. 4: The law will require Arizona police officers to stop and question people.
Reality: The law only kicks in when a police officer stopped, detained, or arrested someone (HB2162). The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything the officer would not otherwise do.
Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has been violated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegal alien.
The Arizona law is actually more restrictive than federal law. In Muehler v. Mena (2005), the Supreme Court ruled that officers did not need reasonable suspicion to justify asking a suspect about their immigration status, stating that the court has held repeatedly that mere police questioning does not constitute a seizure under the Fourth Amendment). Source = http://www.numbersusa.com/dfax?jid=475466&lid=9&rid=123&series=tp06MAY10&tid=999725
Would be willing to make a sizable wager that any “illegals” walking about with axe or shovels will be met with local ranchers or other American citizens carrying semi automatic high caliber weapons, not axes and shovels. Not so good to bring axe and shovel to gun fight. Guaranteed lose.
All Illegal Mexicans are criminals.
Many are gang members, drug traffickers, human smugglers, uneducated scum of Mexican society and just plain trash that make this country look even worse than it is!!!
They steal our economy, they threaten our liberty, rape our women, murder us, steal our property, then they protest on US streets appearing as though they’ve invaded our country!!
Those citizens who join this rabble in protest are worse than the illegals and apparently don’t believe the rest of us are paying attention to their treachery.
"Mexicans Carrying Shovels to Barrett .50 Fight Lose, Big Time"
Scary! And these are the folks B.H. Obama and J.S. McCain want to see more of in this country.
They can bring a shovel to an ax fight against my gun so they can pre-dig their grave.
My fear is that they’re going to keep screwing around on this issue until some serious “smack” happens. I’ve already heard about vigilantes headed to the AZ/Mexico border, locked and loaded.
Never bring axes and shovels to a gunfight!
Don’t bring an ax and a shovel to a gun fight beaners, just a word of advice.
Have at it skank.
"We have Nicaragua, soon we will have El Salvador, Guatemala, Honduras, Costa Rica, and Mexico. One day, tomorrow or five years or fifteen years from now, we're going to take 5 to 10 million Mexicans and they are going into Dallas, into El Paso, into Houston, into New Mexico, into San Diego, and each one will have embedded in his mind the idea of killing ten Americans."
--Thomas Borge, Nicaragua Interior Minister as quoted in the Washington Times, March 27, 1985
Illegals as terrorists. . .