MESSAGE FROM SEN. RUSSELL PEARCE
REG: TUESDAY VOTE ON HB 2632 AND SB1070
HB2632/SB1070 immigration; law enforcement; safe neighborhoods "SUPPORT OUR LAW ENFORCEMENT AND SAFE NEIGHBORHOOD ACT" will be Third Read on Tuesday 1:30PM in the House. Both bills are being heard at the same time. This process is very unique process. HB2632/SB1070 are exactly the same bill. Every word, every sentence, and every punctuation is exactly the same. SB1070 was passed out of the senate and sent to the house. The house version HB2632 is going to be heard in COW (Committee of the Whole) on Tuesday at 1:30PM when HB2632 is passed out of COW the house will not third read it, but instead will third read SB1070. This is a procedure that is used to help get legislation to the governor's desk quickly. Please sign in at Life Liberty Freedom www.lifelibertyfreedom.com and let the House members know you support both HB2632/SB1070.
For more information on the impact of illegal immigration and endorsements for this bill click here
This is the most comprehensive enforcement legislation in the nation and is supported by many national illegal immigration enforcement groups and over 10,000 , and 9 of 15 Arizona sheriffs enthusiastically endorse this bill, none of the sheriffs oppose it, as well as the unanimously endorsed this legislation.
With all due respect, recent statements have been made about this bill, that are simply not true!!!!
Let me clear up issues about HB2632/SB1070: First I have met with law enforcement, Sheriffs, Constitutional attorney's and National experts as I prepare to get this passed as I know we will have to defend this in court from the far left open border proponents who will sue. Miss-information is exactly what the and MALDEF and like organizations promote to stop affective enforcement of laws and policies.
1) The purpose of the ID language is to allow the feds (Homeland Security and to share info with law enforcement on "non" citizens. Federal ID is required under law for non citizens who reside or are visiting the U.S. This legislation does NOT expand law enforcement's authority or expand ANY ID requirements. This legislation just allows property exchange of information to get alien information from the feds for purposes of making appropriate determination of one's legal status.
2) The detention piece is necessary language for detaining those in this country illegally as allowed under federal law. There are several federal documents required to be on the alien even if they are in this country legally. Remember we have for all citizens and other state and federal laws about detention and required hearings and bail requirements.
4) This section of law does contain some protection for law enforcement for enforcing this section of law as the open border/far left has been very successful in using the courts to intimidate the Sheriffs and Police Departments with frivolous law suits to prevent them from enforcement of immigration violations. Under Arizona Constitution we cannot and should not protect anyone from proper law suits if they violate the law or violate someone's . This section does not do that, simply gives them qualified immunity if they enforce this section properly. Actually it protects the public as they are the ones harmed by these frivolous law suits and it is the taxpayers who pay the cost. This does not protect law enforcement if they violate the law or abuse anyone's civil rights.
5) In the bill there is a civil rights provision to make sure is not allowed and other civil rights continue to be protected.
6) The trespass piece is permissive to give law enforcement the ability to hold an illegal alien while being investigated on other serious crimes as requested by border Sheriffs as often happens the illegal alien is deported before he/she can be charged with serious criminal violations and they have asked for a state law to hold them on so they can complete their investigation. If they are deported they cannot get them back to stand trial often for violent or serious crimes.
7) There is a part in this bill about harboring, aiding, abetting, transporting, hiring, referring for hire, that is intended to apply to illegal hiring of illegal aliens. It is taken from federal law where it is a felony currently under federal law; however under this law you must be committing another crime for this to apply so it does not apply to someone innocently taking someone to church or the like; plus, one is required to have "knowledge" that they are an illegal alien and it is only a misdemeanor under Arizona law. So no bus driver, taxi cab, or someone taking them to church or anything close is in jeopardy under the HB2632/SB1070.
8) Law enforcement must have "lawful" contact and reasonable suspicion to even inquire and only upon Probable Cause, as required in any other crime and only then may they arrest. Sometimes all it takes is a phone call to ICE and many cities do allow them to make that phone call to get alien information that the feds are required to keep on all aliens.
We've been saying that it's section E, E1 and E2 under 11-1051 on page 1 which contains the exchange of law abiding citizens data with homeland security.