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Arizona lawmakers on Tuesday approved what foes and supporters agree is the toughest measure in the country against illegal immigrants, directing local police to determine whether people are in the country legally.
The measure, long sought by opponents of illegal immigration, passed 35 to 21 in the state House of Representatives.
The state Senate passed a similar measure earlier this year, and Republican Gov. Jan Brewer is expected to sign the bill.
The bill, known as SB 1070, makes it a misdemeanor to lack proper immigration paperwork in Arizona. It also requires police officers, if they form a "reasonable suspicion" that someone is an illegal immigrant, to determine the person's immigration status.
Purpose
Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws and gives county attorneys subpoena power in certain investigations of employers. Establishes crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties.
Enforcement
1. Requires a reasonable attempt to be made to determine the immigration status of a person during any legitimate contact made by an official or agency of the state or a county, city, town or political subdivision (political subdivision) if reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S.
2. Requires the person’s immigration status to be verified with the federal government pursuant to federal law.
3. Requires an alien unlawfully present in the U.S. who is convicted of a violation of state or local law to be transferred immediately to the custody of ICE or Customs and Border Protection, on discharge from imprisonment or assessment of any fine that is imposed.
4. Allows a law enforcement agency to securely transport an alien who is unlawfully present in the U.S. and who is in the agency’s custody to:
a) a federal facility in this state or
b) any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.
5. Allows a law enforcement officer, without a warrant, to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.
6. Prohibits officials or agencies of the state and political subdivisions from being prevented or restricted from sending, receiving or maintaining an individual’s immigration status information or exchanging that information with any other governmental entity for the following official purposes:
a) determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state;
b) verifying any claim of residence or domicile if that verification is required under state law or a judicial order issued pursuant to a civil or criminal proceeding in the state;
c) confirming a detainee’s identity; and
d) if the person is an alien, determining whether the person is in compliance with federal alien registration laws.
7. Disallows officials or agencies of the state or political subdivisions from adopting or implementing policies that limit immigration enforcement to less than the full extent permitted by federal law, and allows a person to bring an action in superior court to challenge an official or agency that does so.
8. Requires the court, if there is a judicial finding that an entity has committed a violation, to order any of the following:
a) that the plaintiff recover court costs and attorney fees;
b) that the defendant pay a civil penalty of not less than $1,000 and not more than $5,000 for each day that the policy has remained in effect after the filing of the action.
9. Requires the court to collect and remit the civil penalty to the Department of Public Safety (DPS), which must establish a special subaccount for the monies in the account established for the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) appropriation.
10. Specifies that law enforcement officers are indemnified by their agencies against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this statute to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.
Investigations of Employers
26. Allows the county attorney, in investigations of employers who are alleged to have knowingly or intentionally hired unauthorized aliens, to take evidence, administer oaths or affirmations, issue subpoenas requiring attendance and testimony of witnesses and cause depositions to be taken.
27. Exempts proceedings held during the course of a confidential investigation from open meeting laws.
28. Stipulates that an employer is not entrapped in an investigation if the employer was predisposed to knowingly or intentionally employ an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so.
29. States that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identities.
30. Directs employers to keep verification records of their employees’ work eligibility through E-Verify.
31. Establishes a class 3 felony for failing to:
a) verify employment eligibility through E-Verify or
b) keep records of verifications.
Originally posted by TrueAmerican
reply to post by DaddyBare
And so what happens when the illegals get the bright idea to start attacking the lawmakers who made this bill, just like in Mexico they are killing police, mayors of towns, and government officials left and right?
Three men walked into the Fort Hancock High School gymnasium last month during a basketball game, setting off worries they were drug cartel members sent to deliver a message. Parent Maria Aguilar said a panic swept through the gym and subsided only once they left.
Wilson said a suspicious car was noticed following a packed school bus earlier this year. Rumors that the car belonged to cartel members never were validated, but after other suspicious cars were spotted, the department began following buses.
One Fort Hancock High student picked up for truancy told a judge he was too scared to go to class after witnessing a murder in Mexico. Police say his mother and grandfather were tortured with ice picks last week in El Pornevir, Mexico, just across the Rio Grande. The two remained in an El Paso hospital Monday while the student was in protective custody, Hudspeth County Constable J.E. Sierra said.
Ten miles down the road in Fabens, fliers in the teacher's lounges ask faculty to watch for a gunman wanted for four killings in Ciudad Juárez. He's the father of two boys at the middle school
there are reports that students attending American schools have been told they need to pay $500 or be murdered
Originally posted by OutKast Searcher
I find it funny how all of you will accept a police state like this with open arms...as long as you think they are targeting Mexicans.
The fact is that anyone in Arizona can be subject to these laws...I hope you can somehow prove that you are a US citizen to a patrol officer...or have a nice stay at a federal facility until they can confirm it.
And another thing this does is pretty much legalize racial profiling. They are even expecting lawsuits over this by clearing the officers of any court costs/legal fees.
This will be the first small step towards a national ID, which I really have no problem with, but I am surprised to see people here on ATS accept this so easily.
I just find it funny.
Arizona moved one step closer to becoming the third state in the nation to allow citizens to carry concealed firearms without a permit. The new bill comes after the brutal murder of an Arizona rancher near the U.S./Mexico border and the violence that continues to escalate.
The state-approved legislation will now head to governor, Jan Brewer a Republican, who has indicated her signature on the bill giving Arizonians the ability to carry a weapon without a permit, according to the bill’s co-sponsor Republican Sen. Russell Pearce of Mesa.
The law would allow Arizonans to forego background checks and classes that the state now requires. The legislation was approved by the House 36-19 without debate and sets out to make it legal for most U.S. citizens 21 or older to carry a concealed weapon in Arizona.
Currently if Arizonians carry a hidden firearm without a permit it is a misdemeanor and punishable by six months in jail and/or a fine of up to $2,500.
If the legislation is enacted as expected, Arizona will join Vermont and Alaska who do not require permits to carry concealed weapons. There are two states, Wisconsin and Illinois that prohibit handguns all together.
Originally posted by TrueAmerican
The bill, known as SB 1070, makes it a misdemeanor to lack proper immigration paperwork in Arizona. It also requires police officers, if they form a "reasonable suspicion" that someone is an illegal immigrant, to determine the person's immigration status.