Friday, April 30, 2010
So here is my $0.02
I keep hearing over and over that an individual state should not be able to enforce laws that are specifically given to the federal government. That the constitution and the US federal codes are the laws of the land and states should not interfere. Unfortunately I only hear this argument now, on this law. These are the same people that argued Kalifornia had an absolute right to legalize marijuana for "medicinal" purposes, and now legislation to outright legalize it all together. Both in direct violation of United States law. Some of these people are screaming the loudest now. Why is one perceived violation of federal law ok and one isn't? I have been EXTREMELY outspoken when it comes to state's rights. I have said that I don't care if Cali wants legalized marijuana. Hell, I don't care if AZ does! I think individuals in their particular states should have the right to choose how they want to live, and what laws they want to be governed under. By no means does this mean I think a state should be allowed to violate any individual’s rights in order to achieve these goals. And nowhere in this current law do I think this is now accepted.
I am so frustrated that people are against this law. How can you say this law is unconstitutional? IT'S ALREADY AGAINST THE FREAKIN' LAW TO BE HERE WITHOUT PERMISSION!!! If it's already a law, how can this law be unconstitutional? And if you’re going to argue that it’s only a federal law....see above paragraph. If you still think the same way, ask yourself if you supported the marijuana laws in California, or the gay marriage laws in the other states, or the original CCW laws issued by individual states. If you supported these other laws, you don’t have any right to criticize this one. They are all about states’ rights. I supported, and still do, every single one of these laws.
Here is another prime example. It is currently against federal law to be in possession of a shotgun that has a barrel length less than 18 inches. It is also against Arizona law. ARS 13-3101.8.iv gives the definition of a prohibited weapon. ARS 13-3102.3 says it’s against the law to be in possession of this type of prohibited weapon. WHERE IS THE OUTRAGE! THE PROTESTS! HOW DARE ARIZONA ENCROACH ON FEDERAL LAWS!
I welcome any and all questions on how this type of law would be enforced. I can only tell you right now that I don't believe its going to be any different with this law than any other type of detention or arrest. No where in this statute does it give an officer permission to stop an individual just to check on their immigration status. I also challenge you to find any type of that wording in this bill. And no, "in the normal course of an officer’s duty" does not mean the 4th amendment against search and seizure is now void. Any violation of this would result in sanctions against the officer both criminal and civil
Let’s talk about an example I was asked about the other day:
A person gets pulled over for speeding. That is a lawful detention. The officer asks for, and receives from the driver, an Arizona driver's license. Guess what? According to this new law, you have just proved you're either a citizen or have some type of long term/permanent residency in this state. Just by having an Arizona driver's license or ID card, you have satisfied the requirements set forth in this law because neither can be issued to aliens in AZ.
Let’s say you forgot your wallet or purse with your ID in it. No problem, a records check can verify if you have ever been issued one of these documents. Technically you can be arrested for driving a motor vehicle without ID, as this is a crime. If that happens, you’re fingerprinted, and guess what? Your immigration status is checked. Every person booked into the jail has there status checked. This is not something new. It has been this way for as long as I can remember.
Please feel free to ask any questions, make a comment, or pose any type of scenario you can think of. I will try my best to answer.
Thursday, April 29, 2010
- The United Nations this week elected Iran to its Commission on the Status of Women
- Arizona is taking a lot of heat for making it illegal to be illegal
- Chris Mathews started to sound like he was on Arizona's side. - No link, I saw it on his show.
- Back door politics are in the works to make Puerto Rico the 51st state, even though they have voted three times not to be a state.
- Republicans are blocking the so called "Birther Bill" in Arizona
- Ytraps and I agree on a political subject - No link, he IMed me
- Its cold in Arizona right now
I am waiting for pigs to fly and maybe hordes of locusts to appear.
For you Dirty Libs out there, you should be able to find them easily because MSNBC and the other "unbiased" media outlets keep saying it's RIGHT IN THE BILL.
Well I can not find it. Libs out there who disagree with this bill need to educate me. I know not all Libs are against this bill. 70% of Arizona can not be for this without there being a lot of libs and Hispanics for the bill.
I say we talk about this honestly. If you think this is some Nazi bullshit, then show me. I am no Nazi and will fight anything that is racist.
I do not believe illegal immigration is a race issue. However, the only way for the opposition to fight it is by calling it racist. Granted, the majority of illegal immigrants are of a certain skin color, but that does not give them a free pass to break the laws that this country and now this state have imposed.
This law affects only the people who are not legally in this country, therefore they have no rights in this country other than those that are inalienable.
Life, liberty, and the pursuit of happiness. Just work for them in your own country or feel free to sign up at the door and wait for admittance.
State of Arizona Senate
Second Regular Session
SENATE BILL 1070
AMENDING TITLE 11, CHAPTER 7, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 8;
AMENDING TITLE 13, CHAPTER 15, ARIZONA REVISED STATUTES, BY ADDING SECTION
13-1509; AMENDING SECTION 13-2319, ARIZONA REVISED STATUTES; AMENDING TITLE
13, CHAPTER 29, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 13-2928 AND
13-2929; AMENDING SECTIONS 23-212, 23-212.01, 23-214 AND 28-3511, ARIZONA
REVISED STATUTES; AMENDING TITLE 41, CHAPTER 12, ARTICLE 2, ARIZONA REVISED
STATUTES, BY ADDING SECTION 41-1724; RELATING TO UNLAWFULLY PRESENT ALIENS.
(TEXT OF BILL BEGINS ON NEXT PAGE)
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1 Be it enacted by the Legislature of the State of Arizona:
2 Section 1. Intent
3 The legislature finds that there is a compelling interest in the
4 cooperative enforcement of federal immigration laws throughout all of
5 Arizona. The legislature declares that the intent of this act is to make
6 attrition through enforcement the public policy of all state and local
7 government agencies in Arizona. The provisions of this act are intended to
8 work together to discourage and deter the unlawful entry and presence of
9 aliens and economic activity by persons unlawfully present in the United
11 Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by
12 adding article 8, to read:
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
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1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
11 G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
12 OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL
13 SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR
14 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
15 EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN
16 ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:
17 1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
18 ATTORNEY FEES.
19 2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
20 DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY
21 HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS
23 H. A COURT SHALL COLLECT THE CIVIL PENALTY PRESCRIBED IN SUBSECTION G
24 AND REMIT THE CIVIL PENALTY TO THE DEPARTMENT OF PUBLIC SAFETY FOR DEPOSIT IN
25 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND
26 ESTABLISHED BY SECTION 41-1724.
27 I. A LAW ENFORCEMENT OFFICER IS INDEMNIFIED BY THE LAW ENFORCEMENT
28 OFFICER'S AGENCY AGAINST REASONABLE COSTS AND EXPENSES, INCLUDING ATTORNEY
29 FEES, INCURRED BY THE OFFICER IN CONNECTION WITH ANY ACTION, SUIT OR
30 PROCEEDING BROUGHT PURSUANT TO THIS SECTION TO WHICH THE OFFICER MAY BE A
31 PARTY BY REASON OF THE OFFICER BEING OR HAVING BEEN A MEMBER OF THE LAW
32 ENFORCEMENT AGENCY, EXCEPT IN RELATION TO MATTERS IN WHICH THE OFFICER IS
33 ADJUDGED TO HAVE ACTED IN BAD FAITH.
34 J. THIS SECTION SHALL BE IMPLEMENTED IN A MANNER CONSISTENT WITH
35 FEDERAL LAWS REGULATING IMMIGRATION, PROTECTING THE CIVIL RIGHTS OF ALL
36 PERSONS AND RESPECTING THE PRIVILEGES AND IMMUNITIES OF UNITED STATES
38 Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by
39 adding section 13-1509, to read:
40 13-1509. Trespassing by illegal aliens; assessment; exception;
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
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1 B. IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN
2 ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
3 1. A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL
4 GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
5 2. A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED
6 STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER
7 PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
8 C. A PERSON WHO IS SENTENCED PURSUANT TO THIS SECTION IS NOT ELIGIBLE
9 FOR SUSPENSION OR COMMUTATION OF SENTENCE OR RELEASE ON ANY BASIS UNTIL THE
10 SENTENCE IMPOSED IS SERVED.
11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
25 F. THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION
26 FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
31 (a) A DANGEROUS DRUG AS DEFINED IN SECTION 13-3401.
32 (b) PRECURSOR CHEMICALS THAT ARE USED IN THE MANUFACTURING OF
33 METHAMPHETAMINE IN VIOLATION OF SECTION 13-3404.01.
34 (c) A DEADLY WEAPON OR A DANGEROUS INSTRUMENT, AS DEFINED IN SECTION
36 (d) PROPERTY THAT IS USED FOR THE PURPOSE OF COMMITTING AN ACT OF
37 TERRORISM AS PRESCRIBED IN SECTION 13-2308.01.
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:
39 (a) IS CONVICTED OF A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION.
40 (b) WITHIN SIXTY MONTHS BEFORE THE VIOLATION, HAS BEEN REMOVED FROM
41 THE UNITED STATES PURSUANT TO 8 UNITED STATES CODE SECTION 1229a OR HAS
42 ACCEPTED A VOLUNTARY REMOVAL FROM THE UNITED STATES PURSUANT TO 8 UNITED
43 STATES CODE SECTION 1229c.
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1 Sec. 4. Section 13-2319, Arizona Revised Statutes, is amended to read:
2 13-2319. Smuggling; classification; definitions
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
18 D. Chapter 10 of this title does not apply to a violation of
19 subsection C, paragraph 1 of this section.
20 E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
21 ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
22 SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND
23 THIS SECTION.
24 E. F. For the purposes of this section:
25 1. "Family member" means the person's parent, grandparent, sibling or
26 any other person who is related to the person by consanguinity or affinity to
27 the second degree.
28 2. "Procurement of transportation" means any participation in or
29 facilitation of transportation and includes:
30 (a) Providing services that facilitate transportation including travel
31 arrangement services or money transmission services.
32 (b) Providing property that facilitates transportation, including a
33 weapon, a vehicle or other means of transportation or false identification,
34 or selling, leasing, renting or otherwise making available a drop house as
35 defined in section 13-2322.
36 3. "Smuggling of human beings" means the transportation, procurement
37 of transportation or use of property or real property by a person or an
38 entity that knows or has reason to know that the person or persons
39 transported or to be transported are not United States citizens, permanent
40 resident aliens or persons otherwise lawfully in this state or have attempted
41 to enter, entered or remained in the United States in violation of law.
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1 Sec. 5. Title 13, chapter 29, Arizona Revised Statutes, is amended by
2 adding sections 13-2928 and 13-2929, to read:
3 13-2928. Unlawful stopping to hire and pick up passengers for
4 work; unlawful application, solicitation or
5 employment; classification; definitions
6 A. IT IS UNLAWFUL FOR AN OCCUPANT OF A MOTOR VEHICLE THAT IS STOPPED
7 ON A STREET, ROADWAY OR HIGHWAY TO ATTEMPT TO HIRE OR HIRE AND PICK UP
8 PASSENGERS FOR WORK AT A DIFFERENT LOCATION IF THE MOTOR VEHICLE BLOCKS OR
9 IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
10 B. IT IS UNLAWFUL FOR A PERSON TO ENTER A MOTOR VEHICLE THAT IS
11 STOPPED ON A STREET, ROADWAY OR HIGHWAY IN ORDER TO BE HIRED BY AN OCCUPANT
12 OF THE MOTOR VEHICLE AND TO BE TRANSPORTED TO WORK AT A DIFFERENT LOCATION IF
13 THE MOTOR VEHICLE BLOCKS OR IMPEDES THE NORMAL MOVEMENT OF TRAFFIC.
14 C. IT IS UNLAWFUL FOR A PERSON WHO IS UNLAWFULLY PRESENT IN THE UNITED
15 STATES AND WHO IS AN UNAUTHORIZED ALIEN TO KNOWINGLY APPLY FOR WORK, SOLICIT
16 WORK IN A PUBLIC PLACE OR PERFORM WORK AS AN EMPLOYEE OR INDEPENDENT
17 CONTRACTOR IN THIS STATE.
18 D. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR.
19 E. FOR THE PURPOSES OF THIS SECTION:
20 1. "SOLICIT" MEANS VERBAL OR NONVERBAL COMMUNICATION BY A GESTURE OR A
21 NOD THAT WOULD INDICATE TO A REASONABLE PERSON THAT A PERSON IS WILLING TO BE
23 2. "UNAUTHORIZED ALIEN" MEANS AN ALIEN WHO DOES NOT HAVE THE LEGAL
24 RIGHT OR AUTHORIZATION UNDER FEDERAL LAW TO WORK IN THE UNITED STATES AS
25 DESCRIBED IN 8 UNITED STATES CODE SECTION 1324a(h)(3).
26 13-2929. Unlawful transporting, moving, concealing, harboring
27 or shielding of unlawful aliens; vehicle
28 impoundment; classification
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
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1 C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 1
2 MISDEMEANOR AND IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS, EXCEPT
3 THAT A VIOLATION OF THIS SECTION THAT INVOLVES TEN OR MORE ILLEGAL ALIENS IS
4 A CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND
5 DOLLARS FOR EACH ALIEN WHO IS INVOLVED.
6 Sec. 6. Section 23-212, Arizona Revised Statutes, is amended to read:
7 23-212. Knowingly employing unauthorized aliens; prohibition;
8 false and frivolous complaints; violation;
9 classification; license suspension and revocation;
10 affirmative defense
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
17 B. The attorney general shall prescribe a complaint form for a person
18 to allege a violation of subsection A of this section. The complainant shall
19 not be required to list the complainant's social security number on the
20 complaint form or to have the complaint form notarized. On receipt of a
21 complaint on a prescribed complaint form that an employer allegedly knowingly
22 employs an unauthorized alien, the attorney general or county attorney shall
23 investigate whether the employer has violated subsection A of this section.
24 If a complaint is received but is not submitted on a prescribed complaint
25 form, the attorney general or county attorney may investigate whether the
26 employer has violated subsection A of this section. This subsection shall
27 not be construed to prohibit the filing of anonymous complaints that are not
28 submitted on a prescribed complaint form. The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
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1 C. If, after an investigation, the attorney general or county attorney
2 determines that the complaint is not false and frivolous:
3 1. The attorney general or county attorney shall notify the United
4 States immigration and customs enforcement of the unauthorized alien.
5 2. The attorney general or county attorney shall notify the local law
6 enforcement agency of the unauthorized alien.
7 3. The attorney general shall notify the appropriate county attorney
8 to bring an action pursuant to subsection D of this section if the complaint
9 was originally filed with the attorney general.
10 D. An action for a violation of subsection A of this section shall be
11 brought against the employer by the county attorney in the county where the
12 unauthorized alien employee is or was employed by the employer. The county
13 attorney shall not bring an action against any employer for any violation of
14 subsection A of this section that occurs before January 1, 2008. A second
15 violation of this section shall be based only on an unauthorized alien who is
16 or was employed by the employer after an action has been brought for a
17 violation of subsection A of this section or section 23-212.01, subsection A.
18 E. For any action in superior court under this section, the court
19 shall expedite the action, including assigning the hearing at the earliest
20 practicable date.
21 F. On a finding of a violation of subsection A of this section:
22 1. For a first violation, as described in paragraph 3 of this
23 subsection, the court:
24 (a) Shall order the employer to terminate the employment of all
25 unauthorized aliens.
26 (b) Shall order the employer to be subject to a three year
27 probationary period for the business location where the unauthorized alien
28 performed work. During the probationary period the employer shall file
29 quarterly reports in the form provided in section 23-722.01 with the county
30 attorney of each new employee who is hired by the employer at the business
31 location where the unauthorized alien performed work.
32 (c) Shall order the employer to file a signed sworn affidavit with the
33 county attorney within three business days after the order is issued. The
34 affidavit shall state that the employer has terminated the employment of all
35 unauthorized aliens in this state and that the employer will not
36 intentionally or knowingly employ an unauthorized alien in this state. The
37 court shall order the appropriate agencies to suspend all licenses subject to
38 this subdivision that are held by the employer if the employer fails to file
39 a signed sworn affidavit with the county attorney within three business days
40 after the order is issued. All licenses that are suspended under this
41 subdivision shall remain suspended until the employer files a signed sworn
42 affidavit with the county attorney. Notwithstanding any other law, on filing
43 of the affidavit the suspended licenses shall be reinstated immediately by
44 the appropriate agencies. For the purposes of this subdivision, the licenses
45 that are subject to suspension under this subdivision are all licenses that
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1 are held by the employer specific to the business location where the
2 unauthorized alien performed work. If the employer does not hold a license
3 specific to the business location where the unauthorized alien performed
4 work, but a license is necessary to operate the employer's business in
5 general, the licenses that are subject to suspension under this subdivision
6 are all licenses that are held by the employer at the employer's primary
7 place of business. On receipt of the court's order and notwithstanding any
8 other law, the appropriate agencies shall suspend the licenses according to
9 the court's order. The court shall send a copy of the court's order to the
10 attorney general and the attorney general shall maintain the copy pursuant to
11 subsection G of this section.
12 (d) May order the appropriate agencies to suspend all licenses
13 described in subdivision (c) of this paragraph that are held by the employer
14 for not to exceed ten business days. The court shall base its decision to
15 suspend under this subdivision on any evidence or information submitted to it
16 during the action for a violation of this subsection and shall consider the
17 following factors, if relevant:
18 (i) The number of unauthorized aliens employed by the employer.
19 (ii) Any prior misconduct by the employer.
20 (iii) The degree of harm resulting from the violation.
21 (iv) Whether the employer made good faith efforts to comply with any
22 applicable requirements.
23 (v) The duration of the violation.
24 (vi) The role of the directors, officers or principals of the employer
25 in the violation.
26 (vii) Any other factors the court deems appropriate.
27 2. For a second violation, as described in paragraph 3 of this
28 subsection, the court shall order the appropriate agencies to permanently
29 revoke all licenses that are held by the employer specific to the business
30 location where the unauthorized alien performed work. If the employer does
31 not hold a license specific to the business location where the unauthorized
32 alien performed work, but a license is necessary to operate the employer's
33 business in general, the court shall order the appropriate agencies to
34 permanently revoke all licenses that are held by the employer at the
35 employer's primary place of business. On receipt of the order and
36 notwithstanding any other law, the appropriate agencies shall immediately
37 revoke the licenses.
38 3. The violation shall be considered:
39 (a) A first violation by an employer at a business location if the
40 violation did not occur during a probationary period ordered by the court
41 under this subsection or section 23-212.01, subsection F for that employer's
42 business location.
43 (b) A second violation by an employer at a business location if the
44 violation occurred during a probationary period ordered by the court under
- 9 -
1 this subsection or section 23-212.01, subsection F for that employer's
2 business location.
3 G. The attorney general shall maintain copies of court orders that are
4 received pursuant to subsection F of this section and shall maintain a
5 database of the employers and business locations that have a first violation
6 of subsection A of this section and make the court orders available on the
7 attorney general's website.
8 H. On determining whether an employee is an unauthorized alien, the
9 court shall consider only the federal government's determination pursuant to
10 8 United States Code section 1373(c). The federal government's determination
11 creates a rebuttable presumption of the employee's lawful status. The court
12 may take judicial notice of the federal government's determination and may
13 request the federal government to provide automated or testimonial
14 verification pursuant to 8 United States Code section 1373(c).
15 I. For the purposes of this section, proof of verifying the employment
16 authorization of an employee through the e-verify program creates a
17 rebuttable presumption that an employer did not knowingly employ an
18 unauthorized alien.
19 J. For the purposes of this section, an employer that establishes that
20 it has complied in good faith with the requirements of 8 United States Code
21 section 1324a(b) establishes an affirmative defense that the employer did not
22 knowingly employ an unauthorized alien. An employer is considered to have
23 complied with the requirements of 8 United States Code section 1324a(b),
24 notwithstanding an isolated, sporadic or accidental technical or procedural
25 failure to meet the requirements, if there is a good faith attempt to comply
26 with the requirements.
27 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
28 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
29 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
30 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
31 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
32 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
33 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
34 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
35 EMPLOYER TO COMMIT THE VIOLATION.
36 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
37 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
38 COMMIT THE VIOLATION.
39 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
40 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
41 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
42 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
43 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
44 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
45 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
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1 Sec. 7. Section 23-212.01, Arizona Revised Statutes, is amended to
3 23-212.01. Intentionally employing unauthorized aliens;
4 prohibition; false and frivolous complaints;
5 violation; classification; license suspension and
6 revocation; affirmative defense
7 A. An employer shall not intentionally employ an unauthorized alien.
8 If, in the case when an employer uses a contract, subcontract or other
9 independent contractor agreement to obtain the labor of an alien in this
10 state, the employer intentionally contracts with an unauthorized alien or
11 with a person who employs or contracts with an unauthorized alien to perform
12 the labor, the employer violates this subsection.
13 B. The attorney general shall prescribe a complaint form for a person
14 to allege a violation of subsection A of this section. The complainant shall
15 not be required to list the complainant's social security number on the
16 complaint form or to have the complaint form notarized. On receipt of a
17 complaint on a prescribed complaint form that an employer allegedly
18 intentionally employs an unauthorized alien, the attorney general or county
19 attorney shall investigate whether the employer has violated subsection A of
20 this section. If a complaint is received but is not submitted on a
21 prescribed complaint form, the attorney general or county attorney may
22 investigate whether the employer has violated subsection A of this section.
23 This subsection shall not be construed to prohibit the filing of anonymous
24 complaints that are not submitted on a prescribed complaint form. The
25 attorney general or county attorney shall not investigate complaints that are
26 based solely on race, color or national origin. A complaint that is
27 submitted to a county attorney shall be submitted to the county attorney in
28 the county in which the alleged unauthorized alien is or was employed by the
29 employer. The county sheriff or any other local law enforcement agency may
30 assist in investigating a complaint. When investigating a complaint, the
31 attorney general or county attorney shall verify the work authorization of
32 the alleged unauthorized alien with the federal government pursuant to
33 8 United States Code section 1373(c). A state, county or local official
34 shall not attempt to independently make a final determination on whether an
35 alien is authorized to work in the United States. An alien's immigration
36 status or work authorization status shall be verified with the federal
37 government pursuant to 8 United States Code section 1373(c). A person who
38 knowingly files a false and frivolous complaint under this subsection is
39 guilty of a class 3 misdemeanor.
40 C. If, after an investigation, the attorney general or county attorney
41 determines that the complaint is not false and frivolous:
42 1. The attorney general or county attorney shall notify the United
43 States immigration and customs enforcement of the unauthorized alien.
44 2. The attorney general or county attorney shall notify the local law
45 enforcement agency of the unauthorized alien.
- 11 -
1 3. The attorney general shall notify the appropriate county attorney
2 to bring an action pursuant to subsection D of this section if the complaint
3 was originally filed with the attorney general.
4 D. An action for a violation of subsection A of this section shall be
5 brought against the employer by the county attorney in the county where the
6 unauthorized alien employee is or was employed by the employer. The county
7 attorney shall not bring an action against any employer for any violation of
8 subsection A of this section that occurs before January 1, 2008. A second
9 violation of this section shall be based only on an unauthorized alien who is
10 or was employed by the employer after an action has been brought for a
11 violation of subsection A of this section or section 23-212, subsection A.
12 E. For any action in superior court under this section, the court
13 shall expedite the action, including assigning the hearing at the earliest
14 practicable date.
15 F. On a finding of a violation of subsection A of this section:
16 1. For a first violation, as described in paragraph 3 of this
17 subsection, the court shall:
18 (a) Order the employer to terminate the employment of all unauthorized
20 (b) Order the employer to be subject to a five year probationary
21 period for the business location where the unauthorized alien performed work.
22 During the probationary period the employer shall file quarterly reports in
23 the form provided in section 23-722.01 with the county attorney of each new
24 employee who is hired by the employer at the business location where the
25 unauthorized alien performed work.
26 (c) Order the appropriate agencies to suspend all licenses described
27 in subdivision (d) of this paragraph that are held by the employer for a
28 minimum of ten days. The court shall base its decision on the length of the
29 suspension under this subdivision on any evidence or information submitted to
30 it during the action for a violation of this subsection and shall consider
31 the following factors, if relevant:
32 (i) The number of unauthorized aliens employed by the employer.
33 (ii) Any prior misconduct by the employer.
34 (iii) The degree of harm resulting from the violation.
35 (iv) Whether the employer made good faith efforts to comply with any
36 applicable requirements.
37 (v) The duration of the violation.
38 (vi) The role of the directors, officers or principals of the employer
39 in the violation.
40 (vii) Any other factors the court deems appropriate.
41 (d) Order the employer to file a signed sworn affidavit with the
42 county attorney. The affidavit shall state that the employer has terminated
43 the employment of all unauthorized aliens in this state and that the employer
44 will not intentionally or knowingly employ an unauthorized alien in this
45 state. The court shall order the appropriate agencies to suspend all
- 12 -
1 licenses subject to this subdivision that are held by the employer if the
2 employer fails to file a signed sworn affidavit with the county attorney
3 within three business days after the order is issued. All licenses that are
4 suspended under this subdivision for failing to file a signed sworn affidavit
5 shall remain suspended until the employer files a signed sworn affidavit with
6 the county attorney. For the purposes of this subdivision, the licenses that
7 are subject to suspension under this subdivision are all licenses that are
8 held by the employer specific to the business location where the unauthorized
9 alien performed work. If the employer does not hold a license specific to
10 the business location where the unauthorized alien performed work, but a
11 license is necessary to operate the employer's business in general, the
12 licenses that are subject to suspension under this subdivision are all
13 licenses that are held by the employer at the employer's primary place of
14 business. On receipt of the court's order and notwithstanding any other law,
15 the appropriate agencies shall suspend the licenses according to the court's
16 order. The court shall send a copy of the court's order to the attorney
17 general and the attorney general shall maintain the copy pursuant to
18 subsection G of this section.
19 2. For a second violation, as described in paragraph 3 of this
20 subsection, the court shall order the appropriate agencies to permanently
21 revoke all licenses that are held by the employer specific to the business
22 location where the unauthorized alien performed work. If the employer does
23 not hold a license specific to the business location where the unauthorized
24 alien performed work, but a license is necessary to operate the employer's
25 business in general, the court shall order the appropriate agencies to
26 permanently revoke all licenses that are held by the employer at the
27 employer's primary place of business. On receipt of the order and
28 notwithstanding any other law, the appropriate agencies shall immediately
29 revoke the licenses.
30 3. The violation shall be considered:
31 (a) A first violation by an employer at a business location if the
32 violation did not occur during a probationary period ordered by the court
33 under this subsection or section 23-212, subsection F for that employer's
34 business location.
35 (b) A second violation by an employer at a business location if the
36 violation occurred during a probationary period ordered by the court under
37 this subsection or section 23-212, subsection F for that employer's business
39 G. The attorney general shall maintain copies of court orders that are
40 received pursuant to subsection F of this section and shall maintain a
41 database of the employers and business locations that have a first violation
42 of subsection A of this section and make the court orders available on the
43 attorney general's website.
44 H. On determining whether an employee is an unauthorized alien, the
45 court shall consider only the federal government's determination pursuant to
- 13 -
1 8 United States Code section 1373(c). The federal government's determination
2 creates a rebuttable presumption of the employee's lawful status. The court
3 may take judicial notice of the federal government's determination and may
4 request the federal government to provide automated or testimonial
5 verification pursuant to 8 United States Code section 1373(c).
6 I. For the purposes of this section, proof of verifying the employment
7 authorization of an employee through the e-verify program creates a
8 rebuttable presumption that an employer did not intentionally employ an
9 unauthorized alien.
10 J. For the purposes of this section, an employer that establishes that
11 it has complied in good faith with the requirements of 8 United States Code
12 section 1324a(b) establishes an affirmative defense that the employer did not
13 intentionally employ an unauthorized alien. An employer is considered to
14 have complied with the requirements of 8 United States Code section 1324a(b),
15 notwithstanding an isolated, sporadic or accidental technical or procedural
16 failure to meet the requirements, if there is a good faith attempt to comply
17 with the requirements.
18 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
19 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
20 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
21 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
22 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
23 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
24 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
25 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
26 EMPLOYER TO COMMIT THE VIOLATION.
27 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
28 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
29 COMMIT THE VIOLATION.
30 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
31 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
32 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
33 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
34 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
35 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
36 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
37 Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
38 23-214. Verification of employment eligibility; e-verify
39 program; economic development incentives; list of
40 registered employers
41 A. After December 31, 2007, every employer, after hiring an employee,
42 shall verify the employment eligibility of the employee through the e-verify
43 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE
44 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
- 14 -
1 B. In addition to any other requirement for an employer to receive an
2 economic development incentive from a government entity, the employer shall
3 register with and participate in the e-verify program. Before receiving the
4 economic development incentive, the employer shall provide proof to the
5 government entity that the employer is registered with and is participating
6 in the e-verify program. If the government entity determines that the
7 employer is not complying with this subsection, the government entity shall
8 notify the employer by certified mail of the government entity's
9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall
11 repay all monies received as an economic development incentive to the
12 government entity within thirty days of the final determination. For the
13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or
15 performance-based incentive from any government entity that is awarded after
16 September 30, 2008. Economic development incentive does not include any tax
17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision
19 of this state that receives and uses tax revenues.
20 C. Every three months the attorney general shall request from the
21 United States department of homeland security a list of employers from this
22 state that are registered with the e-verify program. On receipt of the list
23 of employers, the attorney general shall make the list available on the
24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
26 28-3511. Removal and immobilization or impoundment of vehicle
27 A. A peace officer shall cause the removal and either immobilization
28 or impoundment of a vehicle if the peace officer determines that a person is
29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any
32 2. The person has not ever been issued a valid driver license or
33 permit by this state and the person does not produce evidence of ever having
34 a valid driver license or permit issued by another jurisdiction. This
35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement
37 pursuant to chapter 4 of this title and the person is operating a vehicle
38 without a functioning certified ignition interlock device. This paragraph
39 does not apply to a person operating an employer's vehicle or the operation
40 of a vehicle due to a substantial emergency as defined in section 28-1464.
41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A
44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN
45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
- 15 -
1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
- 16 -
1 owner and each person identified on the department's record with an interest
2 in the vehicle shall be provided with an opportunity for an immobilization or
3 poststorage hearing pursuant to section 28-3514.
4 Sec. 10. Title 41, chapter 12, article 2, Arizona Revised Statutes, is
5 amended by adding section 41-1724, to read:
6 41-1724. Gang and immigration intelligence team enforcement
7 mission fund
8 THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND IS
9 ESTABLISHED CONSISTING OF MONIES DEPOSITED PURSUANT TO SECTION 11-1051 AND
10 MONIES APPROPRIATED BY THE LEGISLATURE. THE DEPARTMENT SHALL ADMINISTER THE
11 FUND. MONIES IN THE FUND ARE SUBJECT TO LEGISLATIVE APPROPRIATION AND SHALL
12 BE USED FOR GANG AND IMMIGRATION ENFORCEMENT AND FOR COUNTY JAIL
13 REIMBURSEMENT COSTS RELATING TO ILLEGAL IMMIGRATION.
14 Sec. 11. Severability, implementation and construction
15 A. If a provision of this act or its application to any person or
16 circumstance is held invalid, the invalidity does not affect other provisions
17 or applications of the act that can be given effect without the invalid
18 provision or application, and to this end the provisions of this act are
20 B. The terms of this act regarding immigration shall be construed to
21 have the meanings given to them under federal immigration law.
22 C. This act shall be implemented in a manner consistent with federal
23 laws regulating immigration, protecting the civil rights of all persons and
24 respecting the privileges and immunities of United States citizens.
25 Sec. 12. Short title
26 This act may be cited as the "Support Our Law Enforcement and Safe
27 Neighborhoods Act".
Wednesday, April 28, 2010
What I do care about is your inaction and your being a sheep.
Did you vote in 2008? Did you get yourself educated on the issues, especially the presidential issues? Did you listen to what your loudest friend said or did you read up on things yourself?
I believe every group has a person in it who guides the groups politics. If you are lucky, you have two people of opposing views in your group.
Can you be that person? If not, can you break yourself from that persons control and educated yourself?
This doesn't mean you have to join the debate or challenge your friend. Not everyone can handle the confrontation.
Just don't be the person who did nothing and then bitches about the out come or the person who listened to their friend and turns out you don't agree with them at all.
Don't listen to what politicians say or what the advertisements say. Look at what the politician has done because it is a good indicator of what he will do. If he used to be an alcholic, make damn sure he shows proof that he is no longer an alcholic. If he used to be a radical, make sure you are satisfied with what moved him to the center.
Watch out for key words politicians like to use. Military service does not equal qualification to represent you. It doesn't hurt, but service alone does not mean a thing when it comes to their political beliefs. If it did, then all politicians who served would say the same thing, be in the same party, and wouldn't have any competition from a fellow military veteran.
This goes for political party as well. Just because someone belongs to the same party you do, does not mean they are the person you would want representing you.
It is also important to know that just because you are registered to a particular party does not mean you have to vote for the person in that party. If you are a Republican you can vote for the person with a D next to their name.
Register to vote, educate yourself on the issues, debate your friends, and generally let your voice be heard. Please, if you do not educate yourself, then just stay home. You become more of a problem when you vote blindly. Just stick your head back in the sand.
Here are some links:
Register to vote - https://servicearizona.com/webapp/evoter/
Early voting - https://recorder.maricopa.gov/earlyvoteballotnet/evbrequest.aspx
Tuesday, April 27, 2010
It is another reason to fear the profiling aspect of the bill, as this would appear to be the intent of the people Maddow brings to light.
As this issue continues to draw both sides of the media to fight for what they believe, we can expect to see more villains brought out from the shadows. This is good, because WE, the average American, need to know who these people are and not allow them to control our views. This goes for both the left and the right groups.
Just because you agree with someone on certain things does not mean you agree with the them on all things. For example, I agree with a lot of conservative values, but I do not consider myself a Republican. I agree with the Tea Party on government spending but do not belong to the Tea Party and I believe in a woman's right to choose but loath most other liberal values.
Being anti-illegal immigration does not make you a racist even though racists are also anti-illegal immigration.
I am not sure what this means and I am sure getting fed up with this crap. Racism, liberalism, big government, and all the other bullshit going on in this country makes me want to stick my head in the sand and join the other idiots who have no clue about what is going on in the world.
Knowledge may be power, but it's also stressing.
Monday, April 26, 2010
Here is what I do know.
Arizona and America have a problem with people coming in to our country either through the border or by staying after their visa is up.
America, as far as I know, is the only large country that tolerates it. I know one country who doesn't tolerate illegal immigration and that is Mexico. It is well documented but not news worthy that Mexico has an immigration issue of its own in the south.
Just a few with finds with the google search of "illegal immigration into mexico".
We are America so we hold ourselves to a higher standard and the world holds us to an unsustainable standard.
I would like to have seen some better wording in Arizona's Immigration Bill SB1070 and I do not want to see this turn into cops asking people on the street for ID.
However, I believe that a police officer in the normal actions of his duties will be able to determine if a person is illegal. It happens all the time and they are not able to do anything about it. With this bill they are allowed.
I find this no different than the Border Patrol asking for ID at check points around the border. I am not even talking about on the border, but 100 or more miles north of the border.
Now the opponents of this bill only talk about the people who come here to work. I do not know anyone who wants to punish those people and most people want the government to find a way to allow temporary worker status to them.
For those whose prevent something from being done, usually in the name of liberal or merciful beliefs, are actually causing more harm to the people who just want to work.
You can see in the above video that the ACLU has a whole lot of sympathy for the women who come across and are raped. They say they have seen the trees but there is no evidence or women willing to admit to being raped. The big bad Minuteman looks visibly choked up by it.
I do not know that this law is the best option, but enough is enough. The feds, this includes both parties, will do nothing. Arizona is taking the tough road and leading the way. Time will tell, if the libs let it out of court, whether this bill will lead to profiling or if it will prevent illegals from coming into Arizona.
As always, feel free to comment!!!
Thursday, April 22, 2010
I would really like to see some things in there that would help prevent abuse and my hope is it will not be as easy to question people's status as walking up to them and asking for ID.
But, if a police officer, during the normal performance of his or her duties comes across someone who has no ID and no way of verifying ID then that person should be held.
I would not be happy with cops walking up to groups of people and just asking for ID for no reason.
Being in this country, no matter what you’re reasoning, is illegal. We are now making it so that can be enforced, which is extremely odd.
We Americans feel guilty for our success so we tolerated the immigration when it came to work. I, for one, never had a problem with the hard workers coming over and getting jobs. These are the people talked about when anti enforcement people talk. What they don't talk about is the fact that Arizona's crime rate has sky rocketed and Arizona is a leader in kidnappings. Not of Americans, but of illegal aliens.
Border states also have a high rate of auto theft, drug crimes, and the southern desert is plagued with bicycle graveyards, garbage rivers, and rape trees. These things are not talked about much and never on the news.
Hell, immigration lock down should be done to protect the nice illegal immigrants from coyotes, drug lords, and rapists. Women coming across the border always get birth control shots so they don't get pregnant when they are raped while cross. Not IF they get rapped but WHEN!!!
I have sympathy for the working immigrants, but they have to suffer because of the bad guys coming over and because they are breaking our laws. Laws that are no different than anywhere else in the world including Mexico.
We Americans are taunted as racists for wanting to lock down the border all the while every other country has always had their borders locked down and still do. We are taunted only because it works. The same reason people protest America for defending Kuwait, but don't protest Iraq for invading. Or Russia for invading Georgia. Or N. Korea for building nukes. The list goes on and we get all the crap because we actually care what people think.
So what is your opinion? Do you think we should continue to do nothing or should the governor pass the bill and we see what happens?
Tuesday, April 20, 2010
The "Center Mass" Myth and Ending a Gunfight
By Jim Higginbotham
Surviving a gunfight isn't what you think it is. Don’t let conventional wisdom get you killed. A well place round to "center mass" in your attacker may not take him out of the fight. Lots of people stay in the fight after "center mass" hits, and some even win it. If you expect to win your gunfight, you have to make sure that you have effectively ended the threat of your attacker. One, two or even several well placed "center mass" shots may not do what you think it will, and learning to recognize this before you gunfight may save your life.
There is a self styled self defense “expert” under every rock, and perhaps two behind every bush, these days. If you have a pet theory on what might work on the street then you can probably find a champion for that idea who actually charges people to teach them that skill. But few of the experts out there have ever been in gunfights, and even fewer have studied real gunfights to see how things really work out when the bullets really fly for blood.
There are more misconceptions out there than I can cover in one article but the one that probably gets to me the most, even over all the caliber wars that rage interminably in the print and cyber media, is the nearly universal acceptance that shooting a miscreant “center mass” with ________(fill in your favorite make, model and caliber) shooting _________ (fill in your favorite ammunition) hyper speed truck killer is practically guaranteed to get the job done.
Having studied in this field from a number of decades, I have run into plenty of cases where bullets did not do what folks would have assumed. And I have now collected enough of these that I think that rather than being anomalies, they are actually closer to the norm. Center mass hits in a gunfight do not in most cases end the fight. Erroneous assumptions can get you killed!
There is a well known video in training circles in which a Highway Patrol officer shoots an armed subject 5 times “center mass” (this is not my assessment but the statement of his immediate supervisors which are interviewed on the full version of the hour long tape) with his 4” .357 Magnum revolver firing hollow point ammunition. All 5 hits failed to do the job and the subject was able to fire one round which struck the officer in the armpit. That round wondered around in the chest cavity and found his heart. The officer unfortunately died at the scene and his attacker is alive today.
In a class I conduct under the title "Fire For Effect" I start out by showing a video of standoff in which a hostage taker is fired on by police with .223 rifles and .40 caliber handguns. Throughout the whole disturbing sequence, which lasts about 10 seconds, the bad guy is hit multiple times in the torso with both rifle and pistol rounds. You can see him place his non-firing hand to his chest, clearly a lung is hit. However he is able to shoot his hostage 3 times, not rapidly. The hostage, a trim female, is active throughout the scene but later died from her wounds. In this case both the attacker and the victim had “center mass” hits that had no immediate effect.
I have accumulated confirmed incidents in which people have been shot “center mass” up to 55 times with 9mm JHP ammunition (the subject was hit 106 times, but 55 of those hits were ruled by the coroner to be each lethal in and of themselves) before he went down. During training at the FBI Academy we were told of a case in which agents shot a bank robber 65 times with 9mm, .223 and 00 buckshot – he survived! These are not rare cases. The happen quite often.
If a gunfight ever comes your way, your attacker may fall to a hit to the liver and he may not. He may fall to two or three hits to the kidneys, intestines or spleen, but he may not. He will certainly be in bad health. He likely will not survive, but what he does for the next several seconds to a few minutes is not guaranteed because you hit him "center mass."
Heart and lung hits don't statistically fare much better. I have three students and three other acquaintances who were all shot in a lung at the outset of gunfights. The students came to me after their fights to learn how to keep from getting shot again. Last time I checked all of those people were still alive and the people who shot them are still dead. Every one of them was able to respond effectively after being shot “center mass”, one might even say they were shot in the “A-zone”. And they were shot with .38 Special (three of them), 9mm, .357 Magnum and 8mm Mauser, so it's not all about caliber. One of those was a Chicom 12.7 mm round! He lived next door to me for many years.
So, what’s a person to do? First off, realize that one shot, even a fairly well placed shot may not do the job so don’t set there and admire your handiwork or wait for it to take effect. But even two hits may not get the job done!
After years of trying to get a grasp on this I have come to look at the results of shooting a living breathing target – be it a human attacker or a game animal – as falling into 3 or 4 categories. They are :
Instant Collapse – this takes place 1 to 2 seconds from the shot being fired
Rapid Collapse – this can take from 3 to 15 seconds and is quite common.
Marginal Effect – this can even be a lethal hit but it takes from 15 to 300 (yes 300!) or even more seconds.
The 4th is simply unacceptable and is a total failure.
The last category we don’t like to discuss but happens too often . We saw it recently in Washington with a Center Mass hit from an officer’s pistol and the subject was still walking around the next day.
What is “effective” shooting? Sad to say, it is demanding. It is also, I think, variable depending on the conditions. For example, the robber armed with a scattergun who is standing 10 feet away must be stopped “right now!” If you do not bring about Instant Collapse someone may very well die…that someone may be you!
On the other hand, if there is a gang banger launching bullets in your general direction using un-aimed fire about 20 yards away then a hit that brings about Rapid Collapse might do the job.
I cannot imagine a Marginally Effective result being very desirable in any case, but it does buy you some time in some cases.
How does this relate to hits? In order to achieve Instant Collapse you must scramble the “circuitry” that keeps the bad guy on the attack. That means the brain or spinal cord.
The head is not only a fairly difficult target to hit in the real world – because it moves a lot – but it is also difficult to penetrate and get a pistol bullet into the place it must be to be effective. For normal purposes we might write off the head, keeping it in reserve for very special circumstances.
The spine is not that easy to hit either. It isn't large, and to be effective the hit needs to be in the upper 1/3 of the spine or at a point about level with the tip of the sternum. I think that is around T11. But of course the huge problem is that it is hidden by the rest of the body. We are the good guys, we don’t go around shooting people in the back. So the exact location is something that can only be learned through lots of practice on 3D targets. Your point of aim on the surface changes with the angle at which the target is facing.
The bottom of the spine isn't much use. I know of several people shot in the pelvis. It did not break them down as many theorize. I am not saying it doesn’t happen but in the only case I know of in which it did the person who was “anchored” with a .357 magnum to the pelvis killed the person that shot him – you can shoot just fine from prone.
A shot, or preferably multiple shots to the heart and major arteries above the heart (not below!) may achieve Rapid Collapse, but not always. Officer Stacy Lim was shot in the heart at contact distance with a .357 Magnum and is still alive and her attacker is still dead! Score one for the good guys…or in this case gals!
So now what constitutes Marginal Effectiveness? A hit to the lungs! Even multiple hits to the lungs. Unfortunately though, most often lung hits are effective in ending the fight because the subject decides to quit the fight, not because he MUST. A famous Colonel Louis LeGarde once wrote what is considered "the" book on gunshot wounds. 65% of his patients shot through the lungs – with rifles! – survived with the predominant treatment being only bed rest!
Effective Practice and "Dynamic Response"
The goal of practice, one would think, is to make correct, effective shooting techniques a matter of reflex, so that you don't have to think about what you are doing in a gunfight.
Most people will perform under stress at about 50 to 60% as well as they do on the range…and that is if they practice a lot! If they only go to the range once every other month that performance level decreases dramatically. Shooting and weapons handling are very perishable skills. Also folks tend to practice the wrong stuff inadvertently. I put this in the classification of “practicing getting killed” but that too is a topic for another day.
Movement and Variation doesen't mean innacurate shooting. In a real gunfight you andyour adversary will most likely be moving. Click here if you can't see the video.
Let’s talks about a basic response, what I call "Dynamic Response." Situations vary and this is not meant to be a universal answer, just one that will work for about 80% of scenarios.
It is pointless to stand still on the range and shoot a stationary target, unless you simply want to polish up some marksmanship fundamentals. That is a necessary part of learning to shoot. But if you are practicing for a fight, then fight!
Don’t go to the range without a covering garment – unless of course you always carry your gun exposed (no comment).
Don’t practice drawing your gun fast – ever! – while standing still.
Part of the Dynamic Response is to step off the line of attack (or on rare occasions that are dependent on circumstances backwards or forwards) and present the weapon with as much alacrity as you can muster and engage the target with overwhelming and accurate fire! By the way, never assume a fight is completely over just because you canceled one threat. Don’t practice “standing down” too quickly. We have a video attached which will hopefully give you the right idea.
I wish there was a formula of how to stand and how to hold you gun but there really isn't. We don’t do “Weaver vs. Isosceles vs. Modern Iso vs. whatever”. We don’t do “Thumbs Crossed vs. Thumbs Forward vs. Thumb Up…never mind.” Those are things for you to work out on your own. You use what makes YOU effective not what works for a guy who practices 50,000 rounds the week before a big match (that is not an exaggeration). Competitive shooters will throw out advice on what works for them. It may not work for you.
There is also not “one true gun”. Your skill is far more important that what you carry, within reason. We are not really talking about “stopping power”, whatever that is, here but rather effectiveness.
I can find no real measure – referred to by some as a mathematical model – of stopping power or effectiveness. And I have looked for 44 years now! Generally speaking I do see that bigger holes (in the right place) are more effective than smaller holes but the easy answer to that is just to shoot your smaller gun more – “a big shot is just a little shot that kept shooting”. True, I carry a .45 but that is because I am lazy and want to shoot less. A good bullet in 9mm in the right place (the spine!) will get the job done. If you hit the heart, 3 or 4 expanded 9mms will do about what a .45 expanding bullet will do or one might equal .45 ball….IF (note the big if) it penetrates. That is not based on any formula, it is based on what I have found to happen – sometimes real life does not make sense.
Practicing Dynamic Response means practicing with an open mind. Circumstances in a real gunfight are unpredictable and the more unpredictability you mix up into your practice the more your brain will be preparing itself for a possible real gunfight.
In real life, your gunfight may be dark, cold, rainy, etc. The subject may be anorexic (a lot of bad guys are not very healthy) or he may be obese (effective penetration and stopping power of your weapon). There are dozens of modifiers which change the circumstance, most not under your control. My only advice on this is what I learned from an old tanker: “Shoot until the target changes shape or catches fire!” Vertical to horizontal is a shape change, and putting that one more round into his chest at point blank range may catch his clothes on fire, even without using black powder.
We tell our military folks to be prepared to hit an enemy fighter from 3-7 times with 5.56 ball, traveling at over 3,000 feet per second. This approach sometimes worked, but I know of several cases where it has not, even "center mass."
With handguns, and with expanding bullets, it is even more unpredictable, but through years of study I have developed a general formula, subject to the above mentioned unpredictable circumstances.
2-3 hits with a .45
4-6 with a .40
5-8 with a 9mm
With a revolver, the rounds are not necessarily more effective but I would practice shooting 3 in a .38 or .357 merely because I want 3 left for other threats. Not that those next three won’t follow quickly if the target hasn’t changed shape around my front sight blade. A .41, .44 or .45 Colt I would probably drop to two. Once again, they are not that much more effective than a .45 Auto but I don’t have the bullets to waste.
In any case, I want to stress the part that it is more about how you shoot than what you shoot, within reason. It is also more about the mindset and condition of the subject you are shooting which is not under your control. Take control – buy good bullets and put them where they count the most! And remember “anyone worth shooting once is worth shooting a whole lot!” (but please stop when the threat is cancelled, we don’t advocate “finishing shots”).
Gunfights are ugly things. I don't like to talk about the blood and guts aspects of defending life any more than the next guy. But it is our lives we are talking about here. By researching how gunfights are fought, and more importantly, how gunfights are won, it may give both of us the edge if a gunfight ever comes our way.
Warthog decided to become a man toady. Unfortunately I think he hurt somebody's feelings. I intercepted this Blog post today before Warthog could delete it.
I don't understand! I thought we were close and that you loved me. Remember all those arguments we had with your friend. I heard you say how great I was, and how a 1911 wasn't all that good. I hold so many more rounds than that stupid gun. How could you want a weapon design that hasn't changed in a hundred years! I know you can carry a 1911 with the hammer back and ready to go, but you can carry me that way too, and its almost as safe......I thought we had something special, but I guess not.
Monday, April 19, 2010
So off we went to Diablo Stadium. The first thing we noticed were tons of American Flags and not one of them was on fire. In fact, there was not so much protesting but celebrating. It was really an atmosphere of like minded people coming together to show that they all stand for something.
It what they stand for that gets muddled.
Walking from the parking lot to the front gate is a gauntlet of petitioners wanting you to sign so one person or another can get on a ballot. We signed a bunch since I have no problem with anyone getting on the ballot.
I did not sign the petition to get rid of speed cameras.
We get to the main gate and are greeted by people handing out free flags. Once we got our flags we were accosted by another group of petitioners, luckily these were the last gang of petitioners, thought there were some walking around later.
We have made it into the event and now decide to get a picture of our surroundings and just take it all in.
I first notice that the majority of the people are older. This fits the latest poll of the average Tea Party member. They are our parents and grand parents for the most part, mixed in with the some young. Yes they were mostly white, but I was pleasantly surprised to see quite a few people of color.
AT NO POINT DID I SEE ANYTHING I WOULD PERCEIVE AS RACIST IN ANYWAY.
A security guard at my work, who is black, said he felt uncomfortable. Not because he was black but because he did not wear his Tea Party shirt and people were suspicious of trouble makers. He said people talked to him but where wary. Interpret that how you want, but I will take his opinion.
The stadium stands were about half full and I am horrible with judging crowd size. But the report my wife heard was that there were 4000 people there.
One side of the stadium was set up for booths. The booths contained shirts, pins, books, and a bunch of politicians. ALL REPUBLICAN.
This is where the bad taste started getting into my mouth. JD Hayworth is running the Tea Party line and I find it hard to believe these people are falling for it. I do not like Hayworth.
I think he is a crook and he sealed the deal when he got ate up by Rachel Maddow on MSNBC. If you can not go on MSNBC and hold your own then you do not get my vote to represent me.
KFYI was a huge influence and a couple of speakers where from the station. Terry Gilberg was one of the speakers from KFYI and she pushed for the Tea Party to not split the vote.
I wanted to run up on stage and scream, vote you’re conscious. I understand the need to get the power away from the Dems, but if we keep voting in dirt bags like Hayworth we will never get to were the Tea Party, as I understand it, want to go.
We listened to a couple more speakers and we decided to leave. I have to say that I was less than impressed with the direction this Tea Party is going.
It is important to remember that the Tea Party movement is truly grass roots. There is no organizational head running all the Tea Party groups around the US. This, I believe is their strength and their weakness.
They are ripe for take over from Republicans, but if you don’t like the direction of one group you can join another, or start your own.
If any Tea Party members or leaders read this, I encourage you to stay away from the lame phrases and keep on message. No more taxes without government spending cuts.
Stop giving the libs at MSNBC ammo by claiming that taxes are too high for everyone, they clearly are not since 47% don’t pay income tax.
Instead, point out that taxes do not need to go up; government spending needs to come down. No more bail outs for corporations who can not run themselves, no more assistance to banks who give bad loans, and no more pork barrel spending.
This can only be done by demanding that the government get out of the banking business. They can regulate and enforce laws. But we have to hold accountable people, like Barney Frank, who force banks to loan money to people have never paid a loan off in their life.
The Tea Party started off strong and I was behind it. Unfortunately, I see it becoming a pawn of the Republicans and cannon fodder to the Dems. Tea Party members are strong and your original message scares the crap out of Washington. Stick to your guns and you will enact true change in our government.
Thursday, April 15, 2010
Glenn Beck has always stated he was an entertainer and not a politician. I would argue he is a political commentator, but if Bill Maher and they guys on comedy central can call themselves entertainers then Beck can too.
Here is what was reported by the renouned highly respected and completely honest Huffington post, I just puked a little in my mouth. This has all the libs licking their chops ready to take a bite out of Fox News. Spit it out libs, again you all saw dinner but forgot who was cooking.
Here is Bill O'Reilly's rebuttle.
Now if you want to play the gotchya game, Bill did say NEVER. But I think that is splitting hairs and obviously not going to get you far in this arguement.
So you libs out there, I applaud you for keeping people honest. I have no problem with that, but make sure you keep your facts straight. It took me approx 5 minutes to find information disproving the Huffington Post claim. Is it to much to ask that you verify your sources before you start blasting out false information. Some day you really will have something important to say and no one will pay you any attention.