2010 July 28 Wednesday
Arizona Immigration Law Ruling Temporary Setback

In spite of the Obama Administration's legal war against Arizona's immigration enforcement law many states see Arizona as a model to follow.

With its now-suspended immigration law, Arizona sent a clear message to illegal immigrants: Pack your bags and go home. Five other state legislatures have introduced similar legislation and 20 more are considering it.

A group which is opposed to illegal immigration wants a concerted effort to help the illegals to leave.

Now, a group committed to stopping illegal immigration is proposing a way to make this happen.

It's called "safe passage," and it's the idea that the US should allow – and in some cases help – the 15 million undocumented Hispanic workers believed to be residing in the US to leave the country freely.

The US government could fund bus and air fares for departing illegals. The illegals could sign up and select times and places to leave from.

Meanwhile, US federal judge Susan Bolton's decision to put the enforcement of most of the new Arizona law against illegals has elicited a lot of commentary. Liberals who favor illegal immigration of course applaud the decision But even in the New York Times a couple of voices in favor of enforcement are allowed to state opposing positions. Law prof John C. Eastman casts a critical eye on Judge Bolton's ruling.

Take the provision that has garnered most of the national attention, Section 2, which requires local law enforcement to check the immigration status of arrestees if there is reasonable suspicion that they are in the U.S. illegally. Federal law – Title 8, Section 1373(c) — already requires the Department of Homeland Security to respond to immigration status requests from state and local law enforcement “for any purpose authorized by law.”


Judge Bolton also blocked enforcement of the new state law requirement that aliens carry immigration papers proving they are in this country legally. But again, this merely parallels a requirement of existing federal law, specifically, Section 1304(e) of Title 8, which requires an alien to carry a certificate of alien registration. In fact, the Arizona law expressly incorporates the federal law in its provision, and the penalty for violation is identical to that provided by federal law--$100 fine and up to 30 days in jail.

The anti-enforcement faction basically argues there's no constitutional way to effectively enforce immigration law. You can tell whether an enforcement measure is likely to be effective by whether they oppose it on constitutional grounds.

Steven A. Camarota of the Center for Immigration Studies points a previously enacted Arizona law against illegal immigration ultimately survived court challenges and helped substantially reduce Arizona's illegal immigrant population. SB 1070 will probably be appealed all the way to the US Supreme Court and it might survive too.

It is also worth noting that Arizona’s other important immigration law also had to wind its way through the courts. That law went into effect in 2008 and requires employers to verify that new hires are authorized to work in the United States using the government-provided E-Verify system. That law was also the subject of court challenges and demonstrations at the time, but it ultimately passed legal muster and went into effect. The Department of Homeland Security reports that the illegal immigrant population declined by 18 percent in Arizona between 2008 and 2009 compared to a 7 percent decline over the same period for the nation as a whole. It seems likely the 2008 law accounted for a significant share of that decline.

The US could eliminate 95+% of its illegal immigrant population. This could be done cheaply and easily. Even rounding up 10% of the illegals would cause most of the remaining illegals to self-deport. They'd rather leave on their own terms than to get arrested.

Even without this new law one county in Arizona has sent 26,146 illegal aliens out of the United States. Local law enforcement personnel are so numerous that they can do orders of magnitude more rounding up of illegals than federal immigration enforcement officers could ever hope to.

Statistics obtained by the Associated Press show that the Maricopa County sheriff’s office was responsible for the deportation or forced departure of 26,146 immigrants since 2007.

Other states are following Arizona's lead.

The report said that as of June 30, legislators in five other states had filed bills to create Arizona-style laws — South Carolina, Pennsylvania, Minnesota, Rhode Island and Michigan.

In Utah, state Rep. Stephen Sandstrom, R-Orem, has said he will unveil a similar law in early August for study by legislative interim committees, and he intends to introduce it in Utah's 2011 Legislature.

Fremont Nebraska has to decide whether it can afford to legally fight the legal bullies of the American Civil Liberties Union (ACLU) and the Mexican American Legal Defense and Educational Fund (MALDEF).

The city council of Fremont, Nebraska (pop. 25,000), is expected to decide Tuesday whether to delay enforcement of a new illegal immigration law because of legal challenges by civil rights groups. The ordinance, which would prohibit businesses from hiring and landlords from renting to illegal immigrants, was approved by voters June 21 and is scheduled to go into effect on Thursday.

The ACLU and MALDEF could easily win against a small town just from their deep pockets. The town can't afford the legal costs. Fremont should set up a web site for donations to their legal fund.

Share |      By Randall Parker at 2010 July 28 10:39 PM  Immigration Elites Versus Masses

mike said at July 29, 2010 7:28 AM:

It annoys me that groups like MALDEF and NAACP are called "civil rights" groups when all they do is engage in naked ethnic chauvinism.

Lever said at July 29, 2010 8:13 PM:

Citizens should be deputized in places like AZ and Fremont, Neb. to help in this effort. Shit, call out the NG. Governors have control over that too. See if the Feds have the balls to send anyone in to stop the new law enforcement by force. If shooting starts, I sure as hell wouldn't want to be some Fed agent sent to stop people from enforcing state law. Tactical gear isn't going to help one bit.

no i don't said at July 30, 2010 1:18 PM:

What about the children of illegal aliens who are born in the U.S. and are therefore citizens?

no i don't said at July 30, 2010 1:25 PM:

"Citizens should be deputized in places like AZ and Fremont, Neb. to help in this effort."

Sure! Deputize all them trigger-itchy rednecks...

Hey, I got an idea: Let's allow every citizen to take justice into his own hands, and see what happens! ha, ha, ha.

Lever said at July 30, 2010 3:59 PM:

Hey, I got an idea: Let's allow every citizen to take justice into his own hands, and see what happens! ha, ha, ha.
Back in the day, crime was rampant before police forces expanded and got massive amounts of funding. And trigger-itchy rednecks? They live in CHI!


Oh wait, I know what the problem is: America is too isolated! Give that comment again. Unmatched stupidity, it was...

no i don't said at July 31, 2010 3:42 PM:

Lever, you think like a middle school kid -a lazy-minded one.

Most people in this blog come to read from people they already agree with, so this is not education or learning. It is reinforcement of opinions you already have. Most Americans cannot even imagine that it is possible to learn something real from somebody who disagrees with them.

30% of Americans believe that every word of the Bible is literally true.

1 out of every 5 American still believes that the Sun revolves around the Earth. And that’s not because that 20% didn’t go to college…

Most Americans don’t even know what the constitution says about the separation of powers.

How is it, Lever, that you expect me to take you seriously? You are unable to even complete one full idea or argument.

no i don't said at July 31, 2010 4:01 PM:

Dull challenging sarcasms already?

I never typed "America is too isolated" Don't be such coward and quote me right.

But fine, I'll say it again in a different way: The U.S. -not America- is too culturally isolated from the rest of the world. Just like your brain is also isolated from reality. When you pretend to attribute the words "America is too isolated" to me, you are perfectly illustrating my point of isolation. I rest my case! Don't you see?

See Lever, America is more than 30 countries -to start with- The country without name between Mexico and Canada is only part of a continent called America -or Nort America- if you like...
Canadians and Latin Americans are sick and tired of trying to make people like you understand that the U.S. is not the same as America. Let's be a little more specific, will ya. Or is it too much to ask?

Sarcasm must be sharp in order to be sarcasm. When a dumb ass like you attempts sarcasm is so sad it's not even funny.

no i don't said at July 31, 2010 4:03 PM:

What about the children of illegal aliens who are born in the U.S. and are therefore citizens?

Can anybody answer this question, 'cause I think it's a serious one.

Russ said at August 1, 2010 5:27 AM:

"What about the children of illegal aliens who are born in the U.S. and are therefore citizens?"

I'm an immigration lawyer so I'll explain this one:

If the parents have been in the United States for 10 years, haven't been convicted of any felonies, and have American citizen kids they can usually stay in the United States. Otherwise they deport the parents and 99% of the time, the parents take their kids with them to their home countries.

Lever said at August 1, 2010 8:55 AM:

no i don't,
You've outdone your stupidity again. Impressive. I may be isolated back in them thar hills, but here ya go. Now for more about violent rednecks:


no i don't said at August 1, 2010 2:32 PM:

Lever, go do..... never mind.

Whenever you have at least a full thought, ejaculate it on the section. Meanwhile, don't call us, we'll call you.

no i don't said at August 1, 2010 2:39 PM:

Thanks Russ.

Then, as I see it there's at least one instance in which illegal aliens (parents# can take american citizens #their children) out of the U.S.

I mean, it is better than a government kidnapping children and what you mention is 100% better than having families torn appart for not having been 10 years in the U.S. That would simpy become a humanitarian crisis or at least an international law issue.

Anyway Russ, thanks again; I appreciate it.

Randall Parker said at August 1, 2010 6:49 PM:

no i don't,

This makes no sense at all:

I never typed "America is too isolated" Don't be such coward and quote me right.

But fine, I'll say it again in a different way: The U.S. -not America- is too culturally isolated from the rest of the world

America and the US are used interchangeably in the US and in a number of other countries to mean the same thing. Surely you know that.

As for your claim that 1 out of 5 Americans thinks the Sun revolves around the Earth: You are just making up shit to trash talk America. Well, I'm trying to keep your fellow citizens from having to experience our ignorant isolated selves. Why do you object? I'm trying to protect your more educated fellow citizens from having to deal with my fellow citizens. Wouldn't your fellow citizens be better off staying in Mexico where they can raise it up to become richer and more powerful and wiser than America?

wilkey said at August 6, 2010 1:07 PM:

It gives the lie to their proposed amnesty for enforcement trade-off. Once the amnesty is in place will these supposedly un-constiutional enforcement measures suddenly become legit? Of course not, and they have every intention of having them later thrown out. So if "comprehensive immigration reform" ever (God forbid) becomes law we need to insist on non-severibility(?). That is, if part of the bill is ruled un-constitutional then the entire bill is invalidated.

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