The Conservative Rant

"A monthly informative comment on the current political issues of the United States. An educational, humorous take on news events and government policies with conservative opinions and proposals."

Saturday, May 29, 2010

Our country does have a leader after all, the state of Arizona.

The first sign of positive change since Obama takes office, and his administration is working to stop it.

NEW ARIZONA ILLEGAL IMMIGRATION LAW 101

Ever since Arizona Governor Jan Brewer signed the nation’s toughest immigration bill into law, all of the talking heads have been quick to weigh in on its possible implications. Most Americans believe it is an achievement that will improve the state of Arizona and should serve as a positive example for other states to follow. Those on the left said that it is a law that promotes racial-profiling, will create civil rights violations, and will turn Arizona into a fascist police state.

Really!?

The lefties have labeled the law as racist. House Speaker Nancy Pelosi has called it "un-American." Of course, she also said that protesting the leftist agenda at town hall meetings is un-American, so she don't know "American." Through all of the hysteria – the boycotts, Nazi references and protests – they seem to be a little out of touch with reality when you consider that the state law does nothing but allow the police to enforce laws that already exist in federal statute.

There are a lot of concerns about the law and how it will be implemented, but much of the opposition to the law is focused on provisions that aren’t even in the bill. Political misinformation has been implemented by the left because the law, as written, is fair and right, in the mind of most Americans. After actually reading the law, I've found none of these "manufactured" concerns to be of any merit what-so-ever. Personally, I believe every lawmaker, that voted against this modest immigration law, should be charged with conspiring to harbor criminals. Yes it is a crime to be here illegally, and it should be a crime to allow it, or preventing someone else from stopping it.

The law will not cause the police to question and harass anyone based on their language or color.

When first written, the law stated that officers could only question and ask for documents from someone whom they had a "reasonable suspicion" was an illegal immigrant. That "reasonable suspicion" standard already exists in law enforcement in other areas, such as search and seizure. The law stated that the reason for their suspicion could not solely depend on race, color or national origin. Feeling that wasn’t enough, though, shortly after the law was passed, that section was amended to remove the word "solely." And it now reads, race is not allowed to be a factor at all when deciding whether to question someone about their immigration status.

Illegals will not be arrested, if they don't break the law. (It's really a pretty weak law)

Obama stated that "If you don’t have your papers and you take your kids out to get ice cream, you’re going to be harassed, and arrested."

Again, the police are only allowed to question the immigration status of an individual if they have a reasonable suspicion that they are here illegally. This questioning must be done in a way that is compliant with federal immigration laws and the federal and state constitution. Most importantly, it can only be done when the officer and individual are first engaged in a "lawful contact." Lawful contact means that "the officer is already engaged in some sort of detention of an individual because another law has been violated."

In other words, the police can’t question your immigration status while you’re at the ice cream parlor unless you choose to rob the cashier or sprinkle crack on your banana split. During any arrest or traffic stop, the police already run a criminal background check on the suspect. All this law does is allow them to ask about your immigration status when you fail to show proper identification. Police are trusted with the decision to use deadly force, and are already familiar with "reasonable suspicion" as it pertains to search and seizure of cars or homes. But people on the left are terrified at the thought of those same officers being able to inquire about immigration status of those who do not posses a valid form of I.D!? This why the left cannot be trusted with national security decisions.

Will the law effect business profitability and the economy?

It is true that businesses take advantage of illegal immigrants, and use them as cheap labor, with little-to-no benefits, in less than acceptable conditions, to make a profit. And that's just plain wrong. It's not quite "slavery-wrong", but it is of the same mental defect. It's amazing to me that the left are working to perpetuate the exploitation of illegal immigrants human rights by their employers, by claiming human right abuses may occur by law enforcement officials. And they make this less than compelling argument purely for the political gain of latino votes on election day.

Businesses claim, if they could no longer rely on that cheap labor, their payrolls would suddenly become more expensive, which would make them less competitive and/or reduce their profitability. However, when illegal immigrants are no longer able to work for them, businesses will have job openings. Jobs that will quickly be filled by legal immigrants and American citizens desperately looking for work. And if all businesses are "illegal free", they all share the same competition reduction together. Therefore, as a result, this law, or any law cracking down on illegal immigration, would raise the costs of goods, but reduce unemployment. So if it helps liberals feel better about the immigration law, they can think of it as a "jobs bill" funded by a "sales tax."

It is true that the more expensive payroll will either hurt the profitability of the businesses or increase the cost of their product, which will cause them to take a look at their budget and maybe make some changes. It should be noted that most of the opponents of the immigration law are liberals, and most of them would be against cutting taxes to the affected businesses to help defray the increased labor costs. So... it's actually the liberal lawmakers that risk harming the Arizona economy. Not to mention the increased tax revenues required to maintain liberal programs for the non-citizens in the state.

With that said, let’s look at the effect of the new law. Various reports state that the law is already working, with illegal immigrants beginning to leave the state. However, Arizona’s neighboring states can’t be too happy about getting the additional illegal immigrants. Hopefully this will cause them to enact similar legislation in their state, making this, in essence, a national law. If more states start enforcing laws that the federal government will not, and if we can secure the border with a fence and more Border Protection agents. We may not even need to rely on the feds to address immigration reform. They would probably horse-trade it into failure anyway.

Bottom line. Arizona is doing something. Something is something, compared to everyone elses nothing. If you break a law, are confronted by law enforcement, and they ask you for I.D.....You better have something, or expect immigration status to be the next question. Regardless of your race, language, sex, color, clothes, favorite comic book, whatever!! This shouldn't even require "reasonable suspicion." All people lacking I.D. should be suspect. (Yes, even us white people)

AND THAT'S THE WAY IT ALWAYS SHOULD HAVE BEEN. MY QUESTION IS....WHY DID IT TAKE SOOOO LONG!!!

The Justice Department initiated separate meetings by phone and face-to-face in Phoenix with Arizona attorney general Terry Goddard and aides to Republican Gov. Jan Brewer to reach out to Arizona's leaders and illicit information from state officials regarding the Obama administration's concerns about the new law. The strong message that the Justice Department representatives delivered at the private meetings - first with Goddard, then with Brewer's staff - left little doubt that the Obama administration is prepared to go to court if necessary in a bid to block the new law, which takes effect July 29. Goddard said he noted that five privately filed lawsuits already are pending in federal court to challenge the law. "Every possible argument is being briefed," said Goddard, a dem who is running unopposed for his party's nomination for the governor's race.

Brewer, who is seeking re-election, later said in a statement that her legal team told the Justice Department officials that the law would be "vigorously defended all the way to the United States Supreme Court if necessary.

"The department officials, Brewer said, "were advised that I believe the federal government should use its legal resources to fight illegal immigration, not the state of Arizona."

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"I want to explain why SB 1070 is needed." by Arizona State Senator Sylvia Allen

I'm Arizona State Senator Sylvia Allen. I want to explain SB 1070, which I voted for, and was just signed by Governor Jan Brewer. I participated in a senate hearing two weeks ago on the border violence, here is just some of the highlights from those who testified.

The people who live within 60 to 80 miles of the Arizona Mexico Border have for years been terrorized and have pleaded for help to stop the daily invasion of illegals who cross their property. Local rancher Rob Krentz was murdered by a drug cartel on his ranch one month ago. Another Rancher testified that 300 to 1200 people per day come across his ranch; vandalizing his property, stealing vehicles and property, cutting down his fences, and leaving trash. In the last two years he has found 17 dead bodies and two copies of the Koran. Ranchers testified that daily drugs are brought across their land in military style operations. A point man with an assault rifle goes first, 1/2 mile behind are the fully armed guards, 1/2 mile behind them is the drug shipment, and another 1/2 mile back are more guards. These people are violent and they will kill anyone who gets in their way. Boarder residents listen to gun fire during the night on a daily basis. One man told of two illegal's who came upon his property one shot in the back and the other in the arm by the drug runners who had forced them to carry the drugs and then shot them. It is not safe to leave his family alone on the ranch and they can't leave the ranch for fear of nothing being left when they come back.

The border patrol is not on the border. They are set up 60 miles away with check points that do nothing to stop the invasion. They are not allowed to use force when stopping anyone who is entering. They run around chasing them, and if they get their hands on them, they simply take them back across the border to try again. Federal prisons are over 35% illegal's and 20% of Arizona prisons are filled by illegal's. In the last few years, 80% of our law enforcement officials killed or wounded have been harmed by an illegal. The majority of people coming now are people we need to be worried about. The ranchers told us that they have seen a change in the type of people coming over, and they are not just those who are looking for work and a better life.

The Federal Government has failed for years to do anything to help border states. We have been over-run ,and once they are here, we have the burden of funding state services that they consume. Educational costs have been over a billion dollars. Their health care cost - billionS of dollars. Our State is broke (3.5 billion deficit), and we have many serious issue decisions to make going forward. One is that we do not have the money to care for those who are not here legally. It has to stop.

The border can be secured to stop this invasion. We have the technology and we have the ability. We need to know who is coming and they must come in an organized manner. It must be done legally so that we can properly assimilate them into our communities and protect the sovereignty of our country. We are a nation of laws. We have a responsibility to protect our citizens and to protect the integrity of our country. I would give amnesty today to many, but here is the problem, we dare not do this until the Border is secure. It would do no good to forgive them and encourage thousands more to follow. We would be overrun to the point that there will no longer be a United States of America but a North American Union of open borders. I ask you, what form of government would we live under? How long would it be before we lose our identity as Americans and become more like Mexico, Canada or any of the other Central and South American countries? We have already lost our borders. It's time to regain control of the boarders, our state, and our country. Now, before what makes America.... America, is lost.

The leftist media has distorted what SB 1070 is designed to do. It is not going to set up a Nazi Germany. Are you kidding? The ACLU and the leftist courts will do everything to protect those who are here illegally. It is an effort to try to stop illegal's from; setting up businesses, and employment, and receiving state services. It gives local law enforcement the ability, when there is probable cause like a traffic stop, to determine if people are here legally. Federal law is very clear if you are here on a visa you must have your papers on you at all times. That is the law. In Arizona all you need to show you are a legal citizen is a driver license, MVD identification card, Native American Card, or a Military ID. This is what you need to vote, get a hunting license, etc. So nothing new has been added to this law. No one is going to be stopped walking down the street, etc. The Socialists who are in power in DC are angry because we dare tryto do something.When the something the Socialists wants us to do is just let them come. They want the "Transformation" to continue.

Maybe it is too late to save America. Maybe we are to leftist too be worthy of freedom anymore. But as an elected official I must try to do what I can to protect our Constitutional Republic. Living in America is not a right, just because you can walk across the border. Being an American is a responsibility and it comes by respecting and upholding the laws of our land. Including the laws that state what you must do to be a citizen of this country. Freedom is not free.

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ANOTHER ATTACK ON ARIZONA COMMON SENSE

The Obama administration urged the Supreme Court to prevent Arizona from enforcing a law that punishes businesses that employ illegal immigrants, arguing that federal immigration law trumps state efforts. In asking the Supreme Court to take the employer sanctions case, the Obama administration said federal immigration law expressly pre-empts any state law imposing sanctions on employers hiring illegal immigrants. The administration added that if Arizona businesses knowingly use illegal immigrants, the businesses can have any of their state licenses suspended or revoked.

Lower courts have said that the Arizona law is not pre-empted by the federal law. That should be reversed, acting Solicitor General Neal Katyal said in the Supreme Court filing. The Arizona law disrupts "a careful balance that Congress struck nearly 25 years ago between two interests of the highest importance: ensuring that employers do not undermine enforcement of immigration laws by hiring unauthorized workers, while also ensuring that employers do not discriminate against racial and ethnic minorities legally in the country," Katyal wrote. Phoenix attorney Julie Pace, representing the trade associations that are challenging the Arizona law, called the Obama administration's position "good news that the federal government has gone on record supporting the legal challenge to the constitutionality" of the Arizona law. (unbelievable ignorance)

An alliance of business owners, civil-rights lawyers and immigrant-rights groups has filed a federal lawsuit challenging the constitutionality of the state's sanctions law.

Those challenging the law argue that it requires businesses to participate in E-Verify, an online federal program that checks names and identification documents in an effort to ensure new employees are eligible to work in the United States. Since 1986, the federal government has required only that private employers maintain paper identification records, known as I-9 forms, for new hires. The E-Verify system can't be used for existing employees; only new hires. This presumably leaves businesses relying on their I-9 paperwork system, which the federal government stopped regularly auditing back in 2000.

Opponents of the state's law say it improperly overrides federal immigration and employment rules and can lead to workplace discrimination by those trying to follow it. The state maintains the law affects only business licensing, an area it is entitled to regulate

The sanctions law, known as the Legal Arizona Workers Act, is intended to ensure that no businesses in Arizona knowingly or intentionally hire or employ illegal immigrants. Beginning Jan. 1, 2008, all business owners in Arizona risked losing their state and local licenses if they knowingly or intentionally - the law makes a distinction between "knowingly" and "intentionally" - hire undocumented workers. Licenses can be suspended for 10 days or longer for a first offense and revoked altogether for a second offense. Employers are required to check the legal status of their new hires using E-Verify, a free online federal program that checks names and identification documents to ensure that new employees are eligible to work. The law also sharpens the punishment for identity theft, a crime frequently associated with illegal workers.

The sanctions law applies to every employer in Arizona regardless of the size of the business. Under the law, each business location seems to be treated separately from its corporate cousins. This means that if a franchise with a violation at one location faces a shutdown, others with separate licenses are not affected unless they also are found to have knowingly hired illegal workers. However, many business owners with multiple locations share business licenses for tax and legal reasons. This means that those businesses that operate under a single license as one corporate entity face a shutdown at all their sites.

This law doesn't punish undocumented workers but does require state authorities to contact federal immigration officials. Typically, this could lead to prosecution or deportation.

The state attorney general can investigate cases but must refer them to the local county attorney for legal action. County attorneys must investigate any alleged violation unless it is determined to be frivolous. After receiving a complaint, the county attorney must check on the legal status of the workers by inquiring with federal authorities. The county attorneys cannot try to independently determine a worker's legal status. If the complaint appears to have merit, the county attorney must contact local police and U.S. Immigration and Customs Enforcement about the suspected violators. Although federal authorities may pursue their own immigration-related actions against the worker or the employer, the county attorney must go to Superior Court to formally resolve the licensing matter for the business.

In all cases, an employee's actual legal working status is based on a determination by the federal government for that person. This means Arizona's judges need only consider whether an employer knowingly intended to hire an employee the federal government already has determined is illegal. The sanctions law is intended to be treated as a law-enforcement priority. Prosecutors, for example, are ordered to review every complaint. The superior courts are ordered to put the sanction cases on a fast-track. And the attorney general must compile a public database of employers who violate the sanctions law.

Federal authorities say checking names on E-Verify is a process that usually takes no longer than a few minutes per name. There are also third-party businesses that can handle employment-verification services for employers, including E-Verify checks and processing I-9 forms.

The state law figures to keep federal authorities busy. Demand for the E-Verify system is growing rapidly because all Arizona businesses will register for it if the law is upheld. Meanwhile, other states have passed laws that encourage using E-Verify.

AND WHY WOULDN'T THEY...IT'S COMMON SENSE LAWMAKING.

ENCOURAGE???.... IT NEEDS TO BE MANDATORY. ONCE AGAIN, ARIZONA TAKES THE LEAD.

Now, don't get me wrong. I am not a racist. I'd be the first to hire a legal Mexican immigrant, because I value their drive to succeed, their superior work ethic, and their hard-working, bang for the buck, productivity. What I would not do is pay them less than law demands, provide an inhuman work environment, and treat them like second class dogs. I really am pro-immigration. An ever-expanding tax base is required for our country to avoid future bankruptcy. It's just a matter of doing things correctly. I'm a huge proponent of an expanded guest worker program, an increased legal immigration quota, and a faster pathway toward citizenship. But I am not even starting to consider these issues until the boarders are sealed, workplaces are policed, and the economy has adjusted to those changes. It really is a matter of national security, drug policy, rule of law and budgetary concerns. I want a managed immigration that is balanced between bringing in the best and brightest along with those of modest means or skill sets, and those based on humanitarian needs. I am one who believes this country benefits from its diversity. Hell, I want a bigger, better mix of peoples, skill sets and cultures. Again, nothing against Mexicans or other peoples of latin decent, but many people of many countries want our freedom and lifestyle, but do not have the advantage of bordering the U.S. where they can just sneak over. Were it not for illegal immigration, legal immigration could be expanded, pathways to citizenship could be streamlined, and more Mexicans and Canadians could 'work' in-country, without having to secretly 'live' in-country.

In a time when the federal government has moved us repeatedly two steps back, it's refreshing to see somebody, somewhere, takes our society a giant leap forward. If these Arizona laws sustain legal scrutiny, and expand to other states in need, we've really got something to build upon. We really will have a more perfect union.

-THE CONSERVATIVE
http://www.theconservativerant.com/

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