April 28th, 2010
02:47 PM ET

Tea Partiers to illegal immigrants: 'Sign guestbook'

Lee Earle, left, and Ronald Ludders of Phoenix support Arizona's new immigration law.

Lee Earle, a self-identified “Tea Party facilitator” in Arizona, ground zero of the immigration debate, wants you to know that he supports immigration. He considers it the lifeblood of American society and the backbone of our economy – if it’s done legally.

“We want immigration. We need immigration! All we want is for people to sign the guestbook at the door,” said Earle, a Phoenix resident. “Being an illegal immigrant in Arizona is like trespassing. If you’re in my house and you’re not invited, then I have every right to send you out.”

Earle says he supports Arizona’s controversial new law targeting illegal immigration because it lets local law enforcement do what the federal government should be doing to stop people from entering the country unlawfully.

“When people come here without permission, when they come here illegally, they automatically become victims of the coyotes who bring them over and the employers who take advantage of their cheap labor,” Earle said. “Let them come legally so they can take advantage of all the wonderful services and opportunities this great nation has to offer and they can contribute in a meaningful way.”

Earle, a loquacious retiree who gesticulates frequently as he fires off in a stream-of-consciousness manner, shared his thoughts Tuesday night before a legislative district meeting at the Jumbo Buffet in a strip mall in southwest Phoenix.

Dressed in a Hawaiian shirt and jeans, his long gray hair pulled back, Earle said he blames health care, education and incarceration for illegal immigrants for contributing to the state’s $2 billion budget deficit.

“It’s a monetary thing for the state, because I’m a taxpayer but also a human concerned because they can’t take advantage of our legal system because they’re afraid of being deported,” he said.

Earle’s friend and fellow Tea Partier Ronald Ludders dismissed with a wave of the hand the suggestion that the bill encourages racial profiling.

“Illegal is not a race," said Ludders, who, like Earle, is a Republican precinct committeeman for his legislative district. “Law enforcement will be looking for people who they have reasonable suspicion to believe are breaking the law. They cannot stop them based on the color of their skin.”

Both men say this is not about hating Hispanics: Ludders has a home in Mexico, and Earle lives in a predominantly Hispanic neighborhood.

“This is about fixing a problem that has been plaguing our communities for a long time. If the federal government isn’t going to do anything, I’m proud of Arizona for stepping up to the plate,” Earle said.

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  1. Kat

    House of Representatives
    SB 1070
    immigration; law enforcement; safe neighborhoods

    (NOW: safe neighborhoods; immigration; law enforcement)

    Sponsors: Senators Pearce R, Gray C, Gray L, et al.

    DPA/SE Committee on Military Affairs and Public Safety

    DPA
    Caucus and COW

    X
    As Transmitted to the Governor

    SB 1070 makes changes to laws relating to the enforcement on immigration laws, failure to carry an alien registration document, day laborers, harboring or transporting illegal aliens and employer sanctions.
    History
    8 U.S.C. § 1373(c) requires Immigration and Customs Enforcement (ICE) to respond to inquiries by federal, state, or local government agencies seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

    Laws 2007, Ch. 279 enacted the Legal Arizona Workers Act (Act). The Act: expands aggravated taking the identity of another person or entity to include the intent to obtain employment; prohibits an employer from intentionally employing an unauthorized alien or knowingly employing an unauthorized alien; requires the Attorney General (AG) or county attorney to investigate complaints and classifies filing a false and frivolous complaint as a class 3 misdemeanor; provides for license suspension for the first violation; requires license revocation on a second violation during a probationary period; and after December 31, 2007, requires every employer to utilize E-Verify to verify employment eligibility. Laws 2008, Chapter 152 further amended the Act.

    Provisions
    Enforcement of Immigration Law

    · Prohibits law enforcement officials and law enforcement agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.

    · Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a lawful contact where reasonable suspicion exists regarding the immigration status of the person, except if the determination may hinder or obstruct an investigation.

    · Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.

    · Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.

    · Specifies that a person is presumed to be lawfully present if the person provides any of the following:

    Ø A valid Arizona driver license.

    Ø A valid Arizona nonoperating identification license.

    Ø A valid tribal enrollment card or other form of tribal identification.

    Ø A valid federal, state or local government issued identification, if the issuing entity requires proof of legal presence before issuance.

    · Requires that if a person is convicted of any state or local law, on discharge from imprisonment or on the assessment of any monetary obligation imposed, ICE or U.S. Customs and Border Protection (CBP) must be immediately notified.

    · Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.

    · Requires a law enforcement agency to obtain judicial authorization before securely transporting an unlawfully present alien to a point of transfer that is outside of Arizona.

    · Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:

    Ø Determination of eligibility for any public benefit, service or license.

    Ø Verification of any claim of legal domicile if legal domicile is required by law or judicial order.

    Ø If the person is an alien, determination of the person’s compliance with federal registration laws.

    Ø Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.

    · Stipulates that these provisions does not implement, authorize or establish and cannot be construed to implement authorize or establish the REAL ID Act of 2005, including the use of Radio Frequency Identification (RFID).

    · Allows a person who is a legal resident of this state to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

    · Requires the court to order any that a violating entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions.

    · States that the court will collect the penalty and transmit the collected monies to the state Treasurer for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.

    · Authorizes the court to award court costs and reasonable attorney fees to any person or any official or agency that prevails in a case brought under these provisions.

    · Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.

    · Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.

    Willful Failure to Complete or Carry an Alien Registration Document

    · Specifies that in addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or 1306(a).

    · Stipulates that the immigration status may be determined by:

    Ø A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.

    Ø ICE or CBP pursuant to 8 U.S.C. § 1373(c).

    · Prevents a person convicted of the new offense from being eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis except for as authorized by the Director of the Arizona Department of Correction until the sentence imposed has been served or the person is eligible for release due to early release credits.

    · Requires the court to order the person to pay jail costs and an additional assessment of:

    Ø At least $500 for a first offense.

    Ø Twice the amount the person was ordered to pay for the first offense if this is the second or subsequent offense.

    · States that the court will collect the assessments and transmit the collected monies to the Department of Public Safety for deposit in a special sub-account of the account established for GIITEM.

    · Stipulates that monies in the sub-account are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail costs relating to illegal immigration.

    · Stipulates that any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency responsible for maintaining the record.

    · Makes a first offense a class 1 misdemeanor.

    · Increases the penalty to a class 3 felony if the person commits the offense while in possession of:

    Ø A dangerous drug (A.R.S. § 13-3401).

    Ø Precursor chemicals used to manufacture methamphetamine (A.R.S. § 13-3404.01).

    Ø A deadly weapon (A.R.S. § 13-3101).

    Ø A dangerous instrument (A.R.S. § 13-105).

    Ø Property used for committing an act of terrorism (A.R.S. § 13-2308.01).

    · Makes violations a class 4 felony if either:

    Ø It is a second or subsequent violation.

    Ø Within 60 days, the person has been removed from the U.S. either under 8 U.S.C. § 1229a or 8 U.S.C. § 1229c.

    Unlawfully Picking up Passengers for Work

    · Specifies that it is a class 1 misdemeanor for an occupant of a motor vehicle that is stopped on a street, roadway, or highway to attempt to hire or hire and pick up passengers for work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic.

    · Specifies that it is a class 1 misdemeanor for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic.

    · Specifies that it is a class 1 misdemeanor for a person who is unlawfully present who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor.

    · Defines solicit and unauthorized alien.

    Unlawfully Transporting or Harboring Unlawful Aliens

    · Stipulates that it is unlawful for a person who is in violation of a criminal offense to:

    Ø Transport or move an alien in a means of transportation, or attempt to do so, if the person knows or recklessly disregards the fact that the alien is here unlawfully.

    Ø Conceal, harbor or shield an alien, or attempt to, if the person knows or recklessly disregards the fact that the alien is here unlawfully.

    Ø Encourage or induce an alien to come to this state if the person knows or recklessly disregards the fact that doing so would be a violation of law.

    · Specifies that a means of transportation used in a violation of these provisions is subject to mandatory vehicle immobilization or impoundment.

    · Specifies that these provisions do not apply to a Child Protective Services worker acting in the worker’s official capacity or a person who is acting in the capacity of a first responder, an ambulance attendant or an emergency medial technician and is transporting or moving an alien in relation to emergency medial services.

    · Stipulates that violators are guilty of a class 1 misdemeanor and subject to a fine of at least $1,000. However, a violation involving 10 or more illegal aliens is a class 6 felony and subject to a fine of at least $1,000 for each alien involved.

    · Requires a peace officer to immobilize or impound a person’s vehicle if the officer determines either that:

    Ø In furtherance of the illegal presence of an alien and in violation of a criminal offense, the person is transporting or moving, or attempting to do so in a vehicle if the person knows or recklessly disregards the fact that the alien is here unlawfully.

    Ø The person is concealing, harboring or shielding an alien in this state, or attempting to do so in a vehicle if the person knows or recklessly disregards the fact that the alien is here unlawfully.

    Employer Sanctions

    · Provides employers with the affirmative defense that they were entrapped, but they must admit the substantial elements of the violation.

    · Stipulates that the employer has the burden of proof proving the following by a preponderance of the evidence:

    Ø The idea of committing the violation started with the officer or their agents.

    Ø The officers or their agents urged and induced the employer to commit the violation.

    Ø The employer was not predisposed to commit the violation before the law enforcement officer or agents urged and induced the employer to do so.

    · Stipulates that an employer is not entrapped if the employer was predisposed to violate the law and law enforcement merely provided the employer with the opportunity. Additionally, it is not entrapment for law enforcement to use a ruse or to conceal their identity.

    · Requires employers to keep a record of the employment verification from E-verify for the duration of an employee’s employment, or three years, whichever is longer.

    Miscellaneous

    · Authorizes peace officers, in the enforcement of human smuggling laws, to lawfully stop a person if they have reasonable suspicion to believe the person is in violation of any civil traffic law.

    · Authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.

    · Establishes the GIITEM fund (fund) and directs monies collected from penalties resulting from policies limiting the enforcement of federal immigration law to the fund.

    · Requires the Arizona Department of Public Safety to administer the fund, which is subject to legislative appropriation and is to be used for gang and immigration enforcement and for county jail reimbursement for costs relating to illegal immigration.

    · Contains intent and severability, implementation and construction clauses.

    · Specifies that this act may be cited as the “Support Our Law Enforcement and Safe Neighborhoods Act.”

    · Makes technical and conforming changes.

    ·

    ·

    · ---- DOCUMENT FOOTER ---

    · Forty-ninth Legislature

    · Second Regular Session 5 April 19, 2010

    ·

    April 28, 2010 at 9:07 pm | Report abuse |
  2. Ellen Cox

    Europeans carry ID cards and passports with them all the time. We do the same with Drivers Licenses. What is all this back lash about asking someone to prove you are legally supposed to be here? We get carded at a bar to be 21 to prove we have a right to be there. We get asked for military ID at any military installation to prove we have a right to enter. Same in this situation. Illegal isnt a RACE!!! Beautifully said!! STOP THE INSANITY!!! GOOD ON YA, ARIZONA! Take back your state!!!!

    April 28, 2010 at 9:08 pm | Report abuse |
  3. Dylan

    Gary, did you catch what you wrote, "law abiding illegal aliens", what is law abiding about being illegal?

    April 28, 2010 at 9:09 pm | Report abuse |
  4. Kat

    Maybe those in here that are posting bogus claims about the bill should take the time to read it! There is nothing unconstitutional or racist about it. it is mirrored after federal law !!

    April 28, 2010 at 9:10 pm | Report abuse |
  5. Joel

    @GARY ....
    Geeez , every law abiding american has ID driver license etc never leave home without it..... be proud show your papers like we would have to in any other country

    April 28, 2010 at 9:11 pm | Report abuse |
  6. Sayed

    Just to emphasize the law quoted by Kat (Thanks for doing that Kat)

    "Specifies that a person is presumed to be lawfully present if the person provides any of the following:

    Ø A valid Arizona driver license.

    Ø A valid Arizona nonoperating identification license.

    Ø A valid tribal enrollment card or other form of tribal identification.

    Ø A valid federal, state or local government issued identification, if the issuing entity requires proof of legal presence before issuance."

    So yes, a license constitutes proof of legal residency. Sorry if a few grams of plastic is too inconvenient for you to cary.

    April 28, 2010 at 9:11 pm | Report abuse |
  7. cmack

    Arizona has it right. I read the bill and it doesn’t apply to Mexicans it applies to all illegal’s. It punishes illegal immigrants and the people that hire them. It will accept as verification of legal status any ID that requires citizenship or legal status verification like a driver license, state id, passport etc. It does NOT require multiple ones as some people claim. It even requires authorities to attempt when reasonable to verify a person’s citizenship when they can’t present ID. Reasonable would be like when they are not chasing criminal through the woods. It is very simple. Play by the rules and we all get along fine. Don’t and you have to go home.

    April 28, 2010 at 9:12 pm | Report abuse |
  8. Brian

    BREAKING NEWS:

    President Obama is being deported to his home country of the Phillipines after indisputable evidence was discovered that his real name is Barry Soetero, and has been living in the U.S. for years on a student visa he received to attend Columbia University. Democratic Party sources state that this marks the demise of their socialist ambitions, and that they will start carrying the Gadsden Flag in a complete about-face. By unanimous decision, Congress has sent Nancy Pelosi back to San Francisco where she intends to fight for the rights of all undocumented democrats. Ron Paul has declared his bid for the Presidency, and millions of Americans are taking to the streets to celebrate. Historians are already calling this new age of freedom and prosperity the American Renaissance.

    (Don't I wish!)

    April 28, 2010 at 9:13 pm | Report abuse |
  9. ianprime0509

    A lot of people posting here seem to be misinterpreting the Bill of Rights and the Constitution. The Bill of Rights and the Constitution guarantee rights to all PEOPLE, not just American citizens. Our founders wrote those documents to set the standard to what they believed we the unalienable rights of all people, not just citizens or even Americans. Our country has been setting the standard for universal freedom, don't stop now!

    April 28, 2010 at 9:13 pm | Report abuse |
  10. alex

    I would like to know what gives you Anglo people the right all anybody illegal. You came uninvited and took over this country. I am talking about the 13 original colonies. Don't tell me that you were not here illegally..

    April 28, 2010 at 9:13 pm | Report abuse |
  11. John

    I would like someone to please explain to me examples of what constitutes a "reasonable suspicion" that someone is an illegal immigrant? Not one person has clarified this. They just keep repeating the rhetoric that racial profiling will not be used. It also seems quite interesting that only caucasians don't really even consider the possibility of getting harassed by law enforcement as a result of this law. I hope everyone realizes that there are caucasians living in this country illegally as well. Since this law is supposedly race blind, then caucasians should just as likely be stopped by law enforcement as law abiding permanent residents and citizens who happen to be minorities.

    April 28, 2010 at 9:14 pm | Report abuse |
  12. Kat

    Your welcome sayed. ;o) there were way too many untruths being floated around in here over this law.

    April 28, 2010 at 9:14 pm | Report abuse |
  13. alex

    I don't think that any of your ancestors signed a guest book.

    April 28, 2010 at 9:14 pm | Report abuse |
  14. Damone

    None of the people who support this law has answered my question yet so I'll ask it again. How do you identify an illegal alien? What physical traits do you look for to mark an illegal alien?

    April 28, 2010 at 9:15 pm | Report abuse |
  15. Sayed

    Alex: Then show us the law that was broken. I'm not saying it was right, but if you insist on calling it 'illegal.' Immoral, maybe, but not illegal.

    Ianprime0509: Inalienable rights is a phrase used in the Dec of Independence, not the constitution. The Dec is also not a law.

    Also, Amendment 14 outlines what rights and privileges 'all persons' can expect, and what 'all citizens' can expect. You should read it. Illegals don't have all the same rights and privileges as citizens.

    April 28, 2010 at 9:17 pm | Report abuse |
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