1700 W. Washington St.
Phoenix, AZ 85007
May 6, 2010
SB 1070: The Real Facts
To whom it may concern:
Sen. Sylvia Allen, R-Snowflake (District 5), sent an e-mail with the subject line “I want to explain SB 1070,” but unfortunately, she failed to explain any real facts about the new law.
Instead, she sent an e-mail littered with statistics without citations that unfortunately led readers to more fear and desperation. Spreading unchecked facts is not the job of a state lawmaker who was elected to lead. It’s unfortunate that Sen. Allen chose to do so, but Arizonans aren’t new to her behavior — she said last year in a committee hearing that the Earth is only 6,000 years old.
Sen. Allen failed to explain anything about SB 1070 because it doesn’t solve any of the problems she listed in her e-mail, namely crime and violence along the border. I’m happy to quickly discuss the facts about the new law.
SB 1070 fails to solve Arizona’s real immigration problems — crime and violence along the border and in our neighborhoods. Republicans’ patchwork policies consistently have failed to crack down on the violence and criminal acts that can accompany illegal immigration.
And for multiple reasons, the new law is unconstitutional:
It attempts to make a state crime out of being in the country unlawfully, a theory already struck down in court.
It encourages racial profiling.
It clashes with the constitutional authority of the federal government over immigration.
The new law is an unfunded mandate and gives police no resources or funding to implement the new law. Gov. Jan Brewer and Republicans took police officers off the streets when they massively cut public safety funding in their budget this year. Next year, their budget will eliminate the state Department of Juvenile Corrections, leaving thousands of juvenile offenders in the hands of city budgets that have no resources to allocate to the problem.
On top of no funding for police, law enforcement can be sued if they don’t enforce the law and no doubt will be sued if they do. The law actually ties the hands of police officers instead of enabling them to protect our communities.
The law was changed to reflect that police, when deciding who to question about their immigration status, may not use race, ethnicity or national origin as a factor, and that’s good. But that change, created by House Bill 2162, only removed race from the law and did not replace it with what police can use in deciding who to question about their immigration status. It gives police no guidance and leaves a question for officers in how to determine who to question about their immigration status.
Sen. Allen was right about one thing in her e-mail — the federal government has failed to act to stop Arizona’s immigration problems. We need tough immigration reform that cracks down on human smugglers, the illegal sale of weapons to drug cartels and other violent criminals, and we need to give law enforcement the tools they need to secure our borders. Phoenix is the kidnapping capital of the nation and we should do everything we can to make sure law enforcement can do their job and protect our kids and neighborhoods. I support making sure law enforcement has the tools they need to go after violent criminals. I support making sure those who are here legally are treated fairly and respectfully.
Our immigration system is broken and Washington has been unable or unwilling to solve it. This is an issue that also requires leadership and action at the federal level or it will simply get worse. Border security and immigration need to be acted on by Congress, so that states and cities are not forced to act and bear the entire expense of enforcing our immigration laws.
Arizona’s economy cannot handle the expense of a law that does not provide a real solution to the problem. We need to focus on laws that actually do something to combat the violence near our border and in our neighborhoods.
For example, my bill, House Bill 2763, substituted by Senate Bill 1059, cracks down on human smuggling. It eliminates a requirement to prove that a trafficked individual be obtained “for transport” to qualify as being trafficked for sex or labor. The bill gives police more tools to arrest criminals who traffic people for sex or slave labor.
We need a uniform system that secures our borders, requires those who are here to become legal, and puts in place a policy going forward to deal with the root causes of illegal immigration.
It’s time to get to work and deal with the real immigration problems in Arizona.
SB 1070 fails to do any of that.
Assistant House Democratic Leader Kyrsten Sinema
Sen. Allen's e-mail:
Sent: Monday, May 03, 2010 7:56 AM
Subject: Subject: Arizona State Senator Sylvia Allen. I want to explain SB 1070
Subject: Arizona State Senator Sylvia Allen. I want to explain SB 1070
I'm Arizona State Senator Sylvia Allen. I want to explain SB 1070 which I voted for and was just signed by Governor Jan Brewer.
Rancher Rob Krantz was murdered by the drug cartel on his ranch a month ago. I participated in a senate hearing two weeks ago on the border violence, here is just some of the highlights from those who testified.
The people who live within 60 to 80 miles of the Arizona/Mexico Border have for years been terrorized and have pleaded for help to stop the daily invasion of humans who cross their property . One Rancher testified that 300 to 1200 people a DAY come across his ranch vandalizing his property, stealing his vehicles and property, cutting down his fences, and leaving trash. In the last two years he has found 17 dead bodies and two Koran bibles.
Another rancher testified that daily drugs are brought across his ranch in a military operation. A point man with a machine gun goes in front, 1/2 mile behind are the guards fully armed, 1/2 mile behind them are the drugs, behind the drugs 1/2 mile are more guards. These people are violent and they will kill anyone who gets in the way. This was not the only rancher we heard that day that talked about the drug trains.
One man told of two illegal's who came upon his property one shot in the back and the other in the arm by the drug runners who had forced them to carry the drugs and then shot them. Daily they listen to gun fire during the night it is not safe to leave his family alone on the ranch and they can't leave the ranch for fear of nothing being left when they come back.
The border patrol is not on the border. They have set up 60 miles away with check points that do nothing to stop the invasion. They are not allowed to use force in stopping anyone who is entering. They run around chasing them, if they get their hands on them then they can take them back across the border.
Federal prisons have over 35% illegal's and 20% of Arizona prisons are filled with illegal's. In the last few years 80% of our law enforcement that have been killed or wounded have been by an illegal.
The majority of people coming now are people we need to be worried about. The ranchers told us that they have seen a change in the people coming they are not just those who are looking for work and a better life.
The Federal Government has refused for years to do anything to help the border states . We have been over run and once they are here we have the burden of funding state services that they use. Education cost have been over a billion dollars. The healthcare cost billions of dollars. Our State is broke, $3.5 billion deficit and we have many serious decisions to make. One is that we do not have the money to care for any who are not here legally. It has to stop.
The border can be secured. We have the technology we have the ability to stop this invasion. We must know who is coming and they must come in an organized manner legally so that we can assimilate them into our population and protect the sovereignty of our country. We are a nation of laws. We have a responsibility to protect our citizens and to protect the integrity of our country and the government which we live under.
I would give amnesty today to many, but here is the problem, we dare not do this until the Border is secure. It will do no good to forgive them because thousands will come behind them and we will be over run to the point that there will no longer be the United States of America but a North American Union of open borders. I ask you what form of government will we live under? How long will it be before we will be just like Mexico , Canada or any of the other Central American or South American countries? We have already lost our language, everything must be printed in Spanish also. We have already lost our history it is no longer taught in our schools. And we have lost our borders.
The leftist media has distorted what SB 1070 will do. It is not going to set up a Nazi Germany . Are you kidding. The ACLU and the leftist courts will do everything to protect those who are here illegally, but it was an effort to try and stop illegal's from setting up businesses, and employment, and receiving state services and give the ability to local law enforcement when there is probable cause like a traffic stop to determine if they are here legally. Federal law is very clear if you are here on a visa you must have your papers on you at all times. That is the law. In Arizona all you need to show you are a legal citizen is a driver license, MVD identification card, Native American Card, or a Military ID. This is what you need to vote, get a hunting license, etc.. So nothing new has been added to this law. No one is going to be stopped walking down the street etc... The Socialist who are in power in DC are angry because we dare try and do something and that something the Socialist wants us to do is just let them come. They want the "Transformation" to continue.
Maybe it is too late to save America . Maybe we are not worthy of freedom anymore. But as an elected official I must try to do what I can to protect our Constitutional Republic . Living in America is not a right just because you can walk across the border. Being an American is a responsibility and it comes by respecting and upholding the Constitution the law of our land which says what you must do to be a citizen of this country. Freedom is not free.