Update, July 28, 2010 Arizona SB 1070

Well, we now have our answer. U.S. District Judge Susan Bolton has struck down several major provisions of Arizona SB 1070, in effect handing victory to the Federal Government in the case.

According to The East Valley Tribune, a Phoenix area newspaper, among the provisions struck from the bill are:

1) Requiring a police officer to make a reasonable attempt to check the immigration status of those they have stopped;

2) Making it a violation of Arizona law for anyone not a citizen to fail to carry documenation;

3) Creating a new state crime for trying to secure work while not a legal resident;

Let’s look at them in order–after a rereading of Federal Law.

Under Title 8 Section 1325 of the U.S. Code,

“Improper Entry by Alien”, any citizen of any country other than the United States who:

— Enters or attempts to enter the United States at any time or place other than as designated by immigration officers; or

— Eludes examination or inspection by immigration officers; or

— Attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact; has committed a federal crime… a felony

Number 1 above. This strikes me as a common sense provision. A simple inquiry should constitute “reasonable attempt”. Followed with the requirements of Federal Law, as discussed below, any person unable to confirm their legal right to be present in this country can be referred to ICE – the Immigrations and Customs Enforcement division responsible for dealing with illegal aliens. The attending police officer has done his job to protect the citizens under his jurisdiction and upheld Federal Law.

Nubmer 2. Quote from U.S. Code, Title 8 (the current law of the land):

Personal possession of registration or receipt card; penalties
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

This one should be self-explanatory. Federal Law says that such documentation is to be carried at all times. Arizona SB1070 simply reaffirmed that necessity.

Numer 3. From the Federally mandated I-9 form, which is a prerequisite to being hired, under the heading What is the Purpose of This Form it states:

The purpose of this form is to document that each new employee (bot citizen and noncitizen hired after November 6, 1986, is authorized to work in the United States.

Requirements are various documents that prove either citizenship or that the individual being considered has sufficiently followed Federal procedures granting him or her the privilege of working in this country.

Judge Bolton’s ruling strikes this requirement from Arizona law. This is asinine! How can a provision that restates Federal Law be considered overreaching?

Make no mistake. This case brought by the Federal Government against the state of Arizona was not about jurisdiction. It had nothing to do with States’ Rights versus Federal Rights. It was about political grandstanding, catering to another class of “victims” in an effort to secure votes.

The victory in this case goes to the Federal Government. I can live with that. So, as a legal citizen of the United States of America, I say to the Representatives and the Senators who make our laws and to the Executive Branch whose responsibility it is to enforce those laws, do your job. You have just been informed that, yes, it is Federal responsibility to handle immigration. Fine. Do your job and enforce the immigration laws on the books for the last 60 years. If they don’t, We The People can simply vote them out of office.