Federal Court decisions favor Arizona's new immigration law
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
Put the National Guard, the U.S. Army Corps of Engineers and troops stationed here on that border. They are already on the payroll. They are experienced and building a fence is a cake walk. Instead of hiring outside contractors, use our military and the guard. The only cost then is materials.
"The law's authors scoffed at the challenge. State Rep. John Kavanagh noted that the ACLU and MALDEF had so far failed to overturn two prior Arizona laws, one requiring proof of citizenship for voting and the other dissolving any business that knowingly hires illegal immigrants more than once. The latter case is before the U.S. Supreme Court."These are hollow arguments," Kavanagh said. "It's wishful thinking that this law is unconstitutional. Signed by Gov. Jan Brewer last week, the measure is scheduled to take effect 90 days after the end of Arizona's legislative session. On Thursday night, legislators debated various revisions to the law. Thursday's legal offensive was partly aimed at assuring the state's panicked immigrant community that the law will never take effect.
"We have seen laws like this before, in other states, and they have been struck down," Thomas Saenz of MALDEF said at the news conference, surrounded by cheering supporters who included singer and Arizona native Linda Ronstadt."
Perhaps Ronstadt should look at a few federal court decisions on this issue that have direct bearing on SB 1070 signed into law:
Gonzales v. City of Peoria, 722 F.2d 468. 1983: United States Court of Appeals for the Ninth Circuit
"Although the regulation of immigration is unquestionably an exclusive federal power, it is clear that this power does not preempt every state activity affecting aliens. De Canas, 424 U.S. at 354-55, 96 S.Ct. at 935-36. The plaintiffs' reference to exclusive federal authority over immigration matters thus does not resolve this question. Instead, we must define precisely the challenged state enforcement activity to determine if "the nature of the regulated subject matter permits no other conclusion.
Footnote 3 in the decision: "A state trooper has general investigatory authority to inquire into possible immigration violations. Moreover, the trooper's question about the green card was reasonable under the circumstances, and thus lawful."
United States v. Vasquez- Alvarez, 176 F.3rd 1294. 1999: United States Court of Appeals, Tenth Circuit
"In particular, the United States observes this court has long held that state and local law enforcement officers are empowered to arrest for violations of federal law, as long as such arrest is authorized by state law. See Davida v. United States, 422 F.2d 528, 530 (10th Cir.1970); cf. United States v. Janik, 723 F.2d 537, 548 (7th Cir.1983) ("inferring, as a matter of state law] that Illinois officers have implicit authority to make federal arrests"); United States v. Swarovski, 557 F.2d 40, 43-49 (2d Cir.1977) (noting generally that there is no overarching federal impediment to arrests by state officers for violations of federal law). In fact, this court has held that state law-enforcement officers have the general authority to investigate and make arrests for violations of federal immigration laws."
United States v. Santana-Garcia, 264 F.3rd 1188. 2001: United States Court of Appeals, Tenth Circuit
"We noted just recently that state law enforcement officers within the Tenth Circuit "have the general authority to investigate and make arrests for violations of federal immigration laws," and that federal law as currently written does nothing "to displace . . . state or local authority to arrest individuals violating federal immigration laws." United States v. Vasquez-Alvarez, 176 F.3d 1294, 1296, 1299 n.4, 1300 (10th Cir. 1999). Rather, we observed that federal law "evinces a clear invitation from Congress for state and local agencies to participate in the process of enforcing federal immigration laws." Id. at 1300."
United States v. Rodriguez-Arreola, 270 F.3rd 611. 2001: United States Court of Appeals, Eighth Circuit
"During the routine stop of a vehicle for speeding, a South Dakota highway patrol officer discovered that Manuel Rodriguez-Arreola, a passenger in the vehicle, was an illegal alien. Rodriguez was detained and later charged under 8 U.S.C. § 1326(a) (Supp. IV 1998) with being an illegal alien present in the United States after deportation.2 Rodriguez filed a motion to suppress all evidence obtained during the traffic stop, arguing that his status as an illegal alien was discovered through questioning that violated his Fourth Amendment rights. The District Court granted Rodriguez's motion to suppress and the government appeals. We reverse....
"The government argues that Trooper Koltz did not violate the Fourth Amendment rights of Rodriguez. The government contends that the questions posed to Molina concerning his alienage were within the scope of the stop because they were based on a reasonable suspicion by Trooper Koltz.10 The government further contends that even if Trooper Koltz's questions to Molina constituted an unconstitutional search and seizure, the questions only violated Molina's Fourth Amendment rights--a violation that Rodriguez does not have standing to assert. After Molina stated that the passenger in his vehicle did not have a green card, the government argues that Trooper Koltz had reasonable suspicion to ask Rodriguez about his citizenship status. Finally, the government argues that even if Trooper Koltz's questions constituted a Fourth Amendment violation, Rodriguez's identity is not suppressible as a matter of law."
Rodriguez does not have Fourth Amendment rights to assert because he was an illegal alien.
Muehler v. Mena, 544 U.S. 93. 2005 United States Supreme Court.
This case I had to look in two places. First, the Ninth Circuit Silly Circus Court of Appeals. It indicated Mena was a legal resident. It didn't state whether that was by green card, American born or otherwise, so I went to the U.S. Supreme Court's decision; here. This case involved a gang related drive by shooting.
"Aware that the West Side Locos gang was composed primarily of illegal immigrants, the officers had notified the Immigration and Naturalization Service (INS) that they would be conducting the search, and an INS officer accompanied the officers executing the warrant. During their detention in the garage, an officer asked for each detainee's name, date of birth, place of birth, and immigration status. The INS officer later asked the detainees for their immigration documentation. Mena’s status as a permanent resident was confirmed by her papers."
The court reversed the Ninth Circuit that Mena's Fourth Amendment rights were violated. The court also held the officers had the right to question her citizenship status: "Mena’s detention was, under Summers, plainly permissible. An officer's authority to detain incident to a search is categorical; it does not depend on the “quantum of proof justifying detention or the extent of the intrusion to be imposed by the seizure.” Id., at 705, n. 19. Thus, Mena’s detention for the duration of the search was reasonable under Summers because a warrant existed to search 1363 Patricia Avenue and she was an occupant of that address at the time of the search."
United States v. Hernandez-Dominguez. 2005: United States Court of Appeals, Tenth Circuit
"The determination of whether investigative detention beyond the scope of the initial stop is supported by an objectively reasonable suspicion of illegal activity "does not depend upon any one factor but on the totality of the circumstances." Jones, 44 F.3d at 872 (citing United States v. Soto, 988 F.2d 1548, 1555 (10th Cir. 1993). We make this determination "with deference to a trained law enforcement officer's ability to distinguish between innocent and suspicious circumstances." United States v. Mendez, 118 F.3d 1426, 1431 (10th Cir. 1997). Here, while the officer was checking Mercado's license and registration, Mercado revealed that he was an illegal alien. Further detention of Mercado was therefore justified, as was the questioning of Dominguez. See United States v. Salinas-Calderon, 728 F.2d 1298, 1301 n.3 (10th Cir. 1984) (stating that "[a] state trooper [who has executed a lawful stop] has general investigatory authority to inquire into possible immigration violations")."
More drug dealers off the streets.
Gray v City of Valley Park. 2008: United States Court of Appeals, Eighth Circuit.
A bit of a convoluted case where the court ruled "federal law did not preempt a local ordinance suspending the business license of any business that hires illegal aliens."
I'm not a lawyer and I didn't come up with those cases. I found them on a web site for Walter Moore, an attorney with over 25 years experience. While he listed the cases, he didn't provide links, so I went and found most of them so you can see they are real. Not to doubt Moore's posting. Time is an issue for everyone, so I'm trying to help by giving you the links.
And, there is the Estrada case I mentioned in a recent column, which was decided February 10, 2010; United States Court of Appeals, First Circuit. Another traffic stop by a state trooper. The illegals lost again. Perhaps Ronstadt in all her brilliance also missed that decision.
We don't need another immigration "reform" bill out of Congress. Every time one is signed into law, it opens the flood gates. The laws on the books need to be enforced to the fullest by both the states and ICE. Congress can put together a simple bill calling for a moratorium on all immigration for a period of ten years. It will take that long to clean up the mess caused by the last "reform" bill signed into law by Ronald Reagan.
It will take that long to unclog the courts and clean out the jails:
"Some illegal aliens in the United States have been arrested and incarcerated in federal and state prisons and local jails, adding to already overcrowded prisons and jails. On April 7, 2007, the US Justice Department issued a report on criminal aliens that were incarcerated in federal and state prisons and local jails.
"In the population study of 55,322 illegal aliens, researchers found that they were arrested at least a total of 459,614 times, averaging about 8 arrests per illegal alien. Nearly all had more than 1 arrest. Thirty-eight percent (about 21,000) had between 2 and 5 arrests, 32 percent (about 18,000) had between 6 and 10 arrests, and 26 percent (about 15,000) had 11 or more arrests. Most of the arrests occurred after 1990.
"They were arrested for a total of about 700,000 criminal offenses, averaging about 13 offenses per illegal alien. One arrest incident may include multiple offenses, a fact that explains why there are nearly one and half times more offenses than arrests. Almost all of these illegal aliens were arrested for more than 1 offense. Slightly more than half of the 55,322 illegal aliens had between 2 and 10 offenses.
"More than two-thirds of the defendants charged with an immigration offense were identified as having been previously arrested. Thirty-six percent had been arrested on at least 5 prior occasions; 22%, 2 to 4 times; and 12%,1 time.
"Sixty-one percent of those defendants had been convicted at least once; 18%, 5 or more times; 26%, 2 to 4 times; and 17%, 1 time. Of those charged, 49% had previously been convicted of a felony: 20% of a drug offense; 18%, a violent offense; and 11%, other felony offenses.
"Twelve percent had previously been convicted of a misdemeanor."
The "pop stars," politicians looking to gain votes and militant America hating organizations like La Raza, take note: We don't care about your ranting and raving. We the people have had enough and NO AMNESTY. There is no way to check the backgrounds of 22 millions illegals. The system cannot handle it:
DHS Inspector General: Immigration plan will bury agency: "Adding 12 million more people to the system would be the mother of all backlogs. Clearly to us the systems could not handle it now," Mr. Deffer told the House Judiciary Committee's immigration subcommittee."
Ship them back to country of origin, period. It's time to export crime instead of importing it. And, get rid of the incompetent nitwit, Jan the man Napolitano.
Congress can pass, with input from border states, a fair and workable seasonal worker guest program again. This isn't the old days of abusing farm workers. No one I know wants to see that again. If agricultural belts need seasonal workers and cannot find local workers after trying through advertising, state unemployment offices and other vehicles, there can be a workable program that benefits the workers and the employers --- using workers who have been cleared medically and by immigration. It's not that hard.
Congress can also write a simple bill: Stop importing foreign labor to the tune of 1.5 million a year while 26 million AMERICANS are standing in unemployment lines and going without food. That won't sit well with the corporate whores who own most of Congress, but it is the right thing to do for our people. How about American workers first for a change?
Keep up a full time aggressive crack down on employers. Every illegal picked up working in this country and deported opens up one more job for an American. Look -- hundreds of new job openings for Americans less than two weeks ago:
Pro's Ranch Market fires 300 employees working illegally in the U.S.
PHOENIX -- "Pro's Ranch Market has fired some 300 people -- about 20 percent of its employees -- in the wake of a federal audit that found them to be working in the U.S. illegally. According to an attorney for the company, most of those workers provided forged documents when they were asked to prove their work eligibility. Non-citizens must have work authorization in order to get a job in this country."
See what cheats illegal aliens are -- they lie and use stolen or forged documents to steal jobs and benefits. That's why I call them criminals.
Activist judges who hallucinate "rights" for illegal aliens when they have none need to be booted from the bench. Put your state rep and senator on notice: Get a law passed that absolutely prohibits ILLEGAL aliens from receiving workmen's comp because they have NO right to even hold the job to begin with:
Court: Illegal immigrant entitled to benefits.
"An illegal immigrant injured on the job is entitled to state worker compensation benefits, according to a Nebraska Court of Appeals decision released Tuesday Odilon Visoso was injured May 9, 2006, at Cargill in Schuyler when a 100-pound slab of meat fell from a hook and hit the back of his head, neck and shoulder. Visoso, who used the name Adam Rodriguez, continued to work at Cargill on light duty until surgery in early October 2008. The company fired him late that same month because he was an illegal worker.
"The appellate court upheld a Worker Compensation Court decision that the worker compensation law covers all employees injured on the job -- even those in the country illegally."
Another thief using a fake name to steal a job belonging to an American in Nebraska. Is it any wonder the states are going bankrupt?
Our gutless governor, Rick Perry, slimy, smarmy and as corrupt as they come, said: “I fully recognize and support a state's right and obligation to protect its citizens, but I have concerns with portions of the law passed in Arizona and believe it would not be the right direction for Texas,” Perry said in a written statement.
“For example, some aspects of the law turn law enforcement officers into immigration officials by requiring them to determine immigration status during any lawful contact with a suspected alien, taking them away from their existing law enforcement duties, which are critical to keeping citizens safe.”Did you read that last paragraph? Here's a news flash for Rick Perry: Your statement that police and state troopers need to be doing their existing law enforcement duties to keep citizens safe is stupid. Illegal aliens ARE a public safety issue or haven't you noticed the carnage that's been going on for the past two decades?
And then we have another loon who cares nothing for the law or the victims of the invasion: S.F. City Atty. To Fight “Draconian” Arizona Law
"A neighboring state's city attorney, well known for challenging the federal abortion ban, has graciously offered to spend his municipality's public resources to battle Arizona's new immigration law even though it doesn't affect his constituents.....Herrera quickly jumped on the racial profiling bandwagon, calling for a boycott of Arizona and Arizona-made products until the “draconian” and “unjust” law is repealed. He has ordered attorneys in his office to begin identifying and terminating contracts with Arizona companies and has pledged to assist in any legal challenges of the law."
Victims of illegal alien crime: Go after the wallets of those who enable illegals.
Use existing law and sue those responsible for enabling, aiding and abetting illegal aliens:
"It was Truman who pushed the Federal Immigration and National Act of 1952 through Congress in the closing days of his administration. Under Section 8 USC 1324[a](1)(A)[iv][b](iii) any US citizen that knowingly assists an illegal alien, provides them with employment, food, water or shelter has committed a felony. City, county or State officials that declare their jurisdictions to be "Open Cities, Counties or States are subject to arrest; as are law enforcement agencies who chose not to enforce this law. Police officers who ignore officials who violate Section 8 USC 1324[a](1)(A)[iv][b](iii) are committing a Section 274 federal felony. Furthermore, according to Federal Immigration and National Act of 1952, if you live in a city, county or State that refuses to enforce the law for whatever reason, the officials making those rules are financially liable for any crime committed within their jurisdiction by an illegal alien.
"Furthermore, the United States needs to seize all of the assets of those individuals so that the people of the United States who have been robbed, raped or otherwise injured by an illegal alien can be made financially whole from their asset pool."
Here are perfect individuals to go after: Critics Blast Transborder Immigrant Tool as 'Irresponsible' Use of Technology
"A cell phone application that will help illegal immigrants find water and key landmarks as they cross into the United States is an inappropriate use of taxpayer funds and an irresponsible use of technology, critics say.
"The Transborder Immigrant Tool (TBT), the brainchild of three faculty members at the University of California-San Diego and a colleague at the University of Michigan, is a software application that can be installed into a GPS-enabled cell phone. In addition to helping immigrants locate water and landmarks, it also could alert them to Border Patrol checkpoints. And to make the trek a little less arduous, it also plays recorded poetry.“I don't think it's an appropriate use of technology,” U.S. Rep. Duncan Hunter, R-Calif., told FoxNews.com. “If other governments did this and tried to tell people ways to sneak into the U.S., I'm sure the Department of Defense would take issue with that. But because American universities are doing it, there's not a whole lot of outcry about it." Hunter said he found the project to be a poor use of taxpayer money, particularly doing a recession."
It's also against the law to aid and abet illegal aliens. Californians: The faculty at UC San Diego are paid with state funds -- that means your tax dollars.
How about judges? How much longer are citizens in the state of the Union going to sit back and allow judges to make such sickening decisioins?
Illegal Alien Convict Freed For Not Getting Speedy Trial : "An illegal immigrant drug dealer who fled to his native Mexico after orchestrating the murder of an Iowa teenager is free because his conviction was overturned by an appellate court that ruled he was denied a speedy trial while he was a fugitive from U.S. justice. The astounding case dates back more than a decade, when the illegal alien (Juan Humberto Castillo-Alvarez) drug lord ordered the execution-style murder of a 15-year-old northwest Iowa boy over a drug debt. The teen, rumored to be a police informant, was kidnapped and severely beaten before getting shot.
"Castillo-Alvarez evaded U.S. authorities for a decade, hiding out in his Mexican hometown until spring of 2008 when he was finally extradited, tried and convicted of kidnapping, conspiracy and second-degree murder. He was subsequently sentenced to five decades in prison for the atrocious crime, which was not his first. Incredibly, the Iowa Court of Appeals overturned the conviction last September, ruling that the illegal immigrant murderer was not granted a speedy trial guaranteed by the Sixth Amendment to the U.S. Constitution."
What Sixth Amendment right? He isn't a U.S. citizen, he's an illegal alien. Remember the case above: United States v. Rodriguez-Arreola? The court said the defendant had no Fourth Amendment rights to assert because he's an illegal. The law in Iowa: After one year in office, and then at regular intervals, judges stand in retention elections. The judges who voted to free that drug dealing murderer should have their names plastered all over the state and targeted during the next retention election: Throw them off the bench.
Give Arizona Governor Jan Brewer a call. I did and told the young lady who fields calls: I support the new law. 602.542.4331
Give a call to Arizona State Senator Russell Pearce, who fought like a warrior to get this passed. 602.926.5760
If you live in Texas, give Rep. Debbie Riddle's office a call and tell her you support her plan to introduce a bill similar to Arizona here in Texas. 512.463.0572
If you live in Texas, California or New Mexico: Get on the phone and start demanding your state rep and senator get a bill just like SB 1070 passed. Those border states are the entry points and only massive heat from the citizens will get it done.
Wake up America links:
What the MSM won't tell you about about the rancher
killed in Arizona by a cartel assassin
Mexican traffickers get help from US prison gangs
Arizona law meant to provoke government action
Ariz. Gov Signs Bill Revising New Immigration Law
Acts of terrorism by illegals - Lives ARE at risk
N.C. - Illegals charged with stealing 500 railroad spikes in Henderson County
Yuma Border Patrol Agents Arrest Subjects with Stolen Railroad Property
America 'immigrating' into cyclical illiteracy and poverty
Immigrant smuggling raids hit Texas bus companies
Copyright © 2010 Devvy Kidd