Monday, July 26, 2010

The Immigration Conundrum

Comprehensive immigration reform.

This term is used by most Democrats and other liberals as shorthand for some kind of amnesty for the millions of illegal immigrants, excuse me, I mean undocumented workers, without securing the border. This is preposterous and will only worsen things in the future. Amnesty to illegal immigrants was previously granted under President Reagan in the Immigration Reform and Control Act of 1986. The major provisions of this act legalized certain illegal aliens who had been continuously unlawfully present since 1982. It also enacted sanctions for employers who knowingly hired undocumented workers, and was supposed to increase enforcement of U.S. border security. It did not solve the problem of illegal immigration and will not solve it if passed in another form. What it did was convince some immigrants who were here legally to claim that they were illegal, so they could expedite their citizenship applications and save money in the process. Amnesty for illegal immigrants would simply be rewarding these lawbreakers for breaking the law. How fair is that to law abiding US citizens and legal immigrants.

Today, we have at least 11 million illegal immigrants in this country who drain the coffers of our state and federal governments because of increased health, education and other costs. The financial burden of illegal immigration has contributed significantly to the fiscal problems that currently hound the state of California, other states and the federal government.

In response to lack of action on the part of the federal government and the worsening of the situation in the border state of Arizona, Governor Jan Brewer signed Arizona Senate Bill 1070 into law, on April 23, 2010.
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf. Much has been said by this law, by both its’ proponents and opponents. It seems that many opponents of this 19 page law, including our President and his Attorney General, Eric Holder, are spreading falsehoods about the law and have not even read this very short law.

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW
ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION 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, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON'S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR
ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS
UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW. ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:

1. A VALID ARIZONA DRIVER LICENSE.
2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL
IDENTIFICATION.
4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT ISSUED IDENTIFICATION.


The law is very clear, despite claims to the contrary by our President and other opponents, that a person cannot be stopped for nothing while just going out to get ice cream for his kid. There must exist some kind of lawful contact; which means that the police officer must have a law enforcement related reason to detain a person other than suspecting that the person is an illegal alien. These could include a traffic violation, shop lifting or the suspected violation of another law BESIDES SB1070.

It is also very clear that the law prohibits racial profiling by arresting officers in enforcing this law. Factors other than race, national origin and color MUST be used to arrive at a reasonable suspicion that the person detained is in the country illegally. To prevent racial profiling, the state of Arizona has provided a video that imparts the correct and proper enforcement of this law to the various law enforcement agencies in Arizona that are charged with enforcing this law. http://www.nydailynews.com/news/national/2010/07/01/2010-07-01_arizonas_antiillegal_immigration_law_sb_1070_comes_with_howto_enforcement_video_.html.

Similarly, contrary to incorrect assertions, a valid driver’s license or other valid form of government issued identification is sufficient proof of legal presence in the U.S. if the issuing agency must first evaluate the applicant’s proof of legal residence in the U.S. No other papers are necessary to prove one’s legal presence in this country.

Now, when I go somewhere, and am required for whatever reason to provide identification, I provide my driver’s license. Imagine that! Me, a natural born citizen of this great country, of non-Hispanic origin with green eyes, fair skin and blond (ahem!) hair having to provide proof of my identification. Wow! Some racial profiling there! Everyone over the age of 18 must provide proof of identification in certain circumstances, not just people suspected of being in this country illegally. If you want to board an airplane, you have to show ID. If you want to open a bank account, you have to show ID. If you want to use your credit card you have to show ID in most places. What is wrong with having to prove that you are who you say you are when you are stopped by law enforcement for breaking some kind of law? Is that any less important than proving who you are when you use your credit card? I see absolutely nothing wrong or prejudicial about that.

One of the main reasons that I hold this view on immigration is because of my family's history. My father is a Holocaust survivor who was liberated from the concentration camps at the age of 17. He had no close family left except for a cousin who was a few years older. He waited two years for his paperwork to clear until he could immigrate to the United States. Two years while he further put his life on hold, waiting to start over in this great country. I am certain that none of these illegal immigrants were in as dire circumstances as my father. Most have come here for economic reasons and send most of the money that they make 'back home'. They pay no income taxes, because they do not have Social Security numbers, and they drain health care and other resources without paying into the system. By sending money that they have earned out of the United States they are causing more of an economic drain on the country.

This has got to change or this country is in serious trouble.

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