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Originally Posted by jy_2007
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First, you can read the law that was passed by the Arizona Legislature and was signed into law by Arizona’s Governor here:
HB2162 - 492R - C Ver
So, you’ve obviously heard the poltical spin generated by the Main Stream Media and countless liberal groups and individuals who have their political agenda to press forward …..
But what does the law actually say and do …… I mean the real law ….. not the political spin the Politicians are trying to manufacture ……
First, the “real law” has a total of nine sections, two of the nine sections are “administrative” in nature. Section 8 states that the Attorney General of the State of Arizona shall defend any challenges to the law. Section 9 states that the ”new law” will not become effective until passed by both Houses of the Arizona Legislature.
So what do the remaining 7 sections of the law require. What makes the law an “immigration law” and why should we be concerned. Are the allegations about the law “true” or simply a new “urban legand” created by the far left?
Here is the truth, and don’t trust me on this point, read the law and see if my description is accurate or not …. the law has nothing to do with “immigration” as is being alleged.
Immigration laws and quotas are passed and set by the US Congress in Washington, D.C.. Yes, the U.S. House of Representatives and the U.S. Senate establish all immigration laws and quotas. This is an indisputable fact …… a poltician who says otherwise is lying through his or her teeth …..
So, what do the other seven sections of the “dreaded”, “racist”, “Arizona Immigration law” call for ……
Section 1 and Section 2 of the law deal exlcusively with Welfare Fraud. Yes, the first two sections of Arizona’s so called ”immigration law” deal with Welfare Fraud.
Specifically, Section 1 – 501 is titled: Eligibility for federal public benefits; documentation; violation; classification; citizen suits; attorney fees; definition.
Please, check for yourself, don’t take my word on it.
HB2162 - 492R - C Ver
Section 1 of the “new Arizona law” copies existing Federal law word for word ……. note that the “title” of Section 1 makes reference to ”Eligibility for federal public benefits”. Federal, not State benefits.
The “new Arizona Law” requires, as does the Federal Law upon which it is based, that any individual applying for Federally based Welfare benefits prove that they are entitled to receive the benefits in the first place.
Wow, what a idea …….. that in order to receive benefits, you must establish that you are, in fact, a member of the class entitled to receive the benefits in the first place ….. as is required under the Federal Law that created the benefit programs in the first place.
“Notwithstanding any other state law and to the extent permitted by federal law, any natural person who applies for a federal public benefit that is administered by this state or a political subdivision of this state and that requires participants to be citizens of the United States, legal residents of the United States or otherwise lawfully present in the United States shall submit at least one of the following documents to the entity that administers the federal public benefit demonstrating lawful presence in the United States:“
Section 1 of the new law deals exclusively with Federal Welfare Benefit Fraud.
No one is stopped on the streets and asked for identification, ever. When an individual, any individual, applies for Federally funded Welfare Benefits, that individual must “prove” they are entitled to receive the benefits by producing one of the following pieces of identification as required under Federal Law:
1). An Arizona driver license issued after 1996 or an Arizona nonoperating identification license. 2). A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. 3). A United States certificate of birth abroad. 4). A United States passport. 5). A foreign passport with a United States visa. 6). An I-94 form with a photograph. 7). A United States citizenship and immigration services employment authorization document or refugee travel document. 8). A United States certificate of naturalization. 9). A United States certificate of citizenship. 10). A tribal certificate of Indian blood. 11). A tribal or bureau of Indian affairs affidavit of birth.
Eleven different ways to qualify for benefits legally.
The “new Arizona Law” also notes that, “documentation of citizenship and legal residence shall conform with the requirements of title XIX of the Social Security Act”. Yes, the Social Secuirty Act is another “Federal Law” and you must prove you are entitled to the benefits before you can collect them.
This law also requires that a “Welfare Benefit Applicant”, “shall sign a sworn affidavit stating that the documents presented”, “are true under penalty of perjury.”.
The “new Arizona law” also states, “Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any federal public benefit is a class 2 misdemeanor. If that employee’s supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor.”.
Gee, State Employees, charged with and paid for the responisbility of making sure only those individuals entitled to benefits, actually receive the benefits and if a State Employee authorizes payment of benefits to someone the State Employee knows is not entitled to the benefits, that employee can be charged with the crime they are committing.
Section 1 of the “new law” ends with this directive, “This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin.”.
Welfare Fraud prevention, pure and simple.
As to Section 2 of the Arizona law, well, it may sound familiar.
Section 2 – 501 is titled; “Eligibility for state or local public benefits; documentation; violation; classification; citizen suits; attorney fees; definition”.
The “title” and wording of Section 2 should be familiar. Section 2 is identical to Section 1, with the only difference being the fact that the “Welfare Benefit Applicant” is applying for State Benefits rather than Federal Benefits. Section 2 mirrors Section 1, any individual requesting payment of State Welfare Benefits must first establish that they are a member of the class entitled to receive those benefits.
Powers Granted to State and Local Law Enforcement Officers – Criminal Investigations
Section 3 of the “new Arizona law” deals with powers granted to State and Local Law enforcement Officers when they are conducting criminal investigations.
Section 3 of the Arizona Law is directly related to the issue of “Sanctuary Cities“.
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A “Sanctuary City” is a City whose local Government has instructed its employees to openly violate the 1996 Illegal Immigration Reform and Immigrant Responsibility Act passed by the US Congress.
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Arizona has at least 4 ”Sanctuary Cities” violating the Federal Law; Phoenix, Tuscon, Chandler and Mesa.
Section 3 of the Arizona Law mandates that all State, Local and City Employees enforce both Federal and State laws regarding criminal acts committed by illegal aliens. The law mandates that the laws be enforced “concurrently” by all Federal, State and Local law enforcement officials.
Section 3 is titled; Cooperation and assistance in enforcement of immigration laws.
Section 3 does not permit law enforcement officials to stop and ask anyone for their ID. No one!
Section 3 does require that once law enforcement officials have “stoppped, detained or arrested” an individual and are “conducting a criminal investigation”, the suspect will be asked for identification.
All indivuals who find themselves the subject of an investigation will be asked for their ID.
Any individual who can produce one of the following pieces of identification is presumed to be a “lawful citizen of the United states”: 1). A valid Arizona driver license. 2). A valid Arizona nonoperating identification license. 3). A valid tribal enrollment card or other form of tribal identification. 4). If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.
Section 3 also provides, “A law enforcement official or agency may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution”.
If someone is “stopped, detained or arrested” and cannot produce identification, the law enforcement officals are instructed to continue their investigation, however, the determination of whether any individual is an “illegal alien” is determined according to Federal Law: “In the implementation of this section, an alien’s immigration status may be determined by: 1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status, or 2. The United States Immigration and Customs Enforcement or the United States Customs and Border Protection Act pursuant to 8 United States Code section 1373(c).”
Remember that the 19 hijackers who crashed planes into the World Trade Towers on 9/11 had a total of 30 “fake” state IDs in their possession.
http://www.legis.state.wi.us/lrb/pubs/wb/08wb3.pdf
Any individual who can produce one of the following pieces of identification is presumed to be a “lawful citizen of the United states”: 1). A valid Arizona driver license. 2). A valid Arizona nonoperating identification license. 3). A valid tribal enrollment card or other form of tribal identification. 4). If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.
Section 3 also provides, “A law enforcement official or agency may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution”.
If someone is “stopped, detained or arrested” and cannot produce identification, the law enforcement officals are instructed to continue their investigation, however, the determination of whether any individual is an “illegal alien” is determined according to Federal Law: “In the implementation of this section, an alien’s immigration status may be determined by: 1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status, or 2. The United States Immigration and Customs Enforcement or the United States Customs and Border Protection Act pursuant to 8 United States Code section 1373(c).”
Remember that the 19 hijackers who crashed planes into the World Trade Towers on 9/11 had a total of 30 “fake” state IDs in their possession.
http://www.legis.state.wi.us/lrb/pubs/wb/08wb3.pdf
Anyone operating a motor vehicle in the United States is required to produce a valid operating permit (Drivers License) upon request. Anyone lawfully stoppped, detained or arrested by a law enforcement officer is required to provide identification. Providng identification prevents the incarceration of the individual in many instances as a citation or ticket can be issued in leiu of an arrest.
Section 4 of the Arizona Law is titled; “Willful failure to complete or carry an alien registration document; assessment; exception; authenticated records;”.
The section simply copies Federal Law into Arizona State Law. The Federal Law can be viewed here: http://www.law.cornell.edu/uscode/8/usc_sec_08_00001325—-000-.html (broken link) http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—c000-.html (broken link)
Section 5 of the Arizona Law is Titled: “Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment; classification; definitions”.
This section of Arizona Law is taken from the Federal Law titled: § 1324a. Unlawful employment of aliens, and § 1324b. Unfair immigration-related employment practices.
You can read the Federal Statutes here: http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—a000-.html (broken link) http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—b000-.html (broken link)
Section 6 of the Arizona Law is titled: Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; exception; classification.
This section of the Arizona Law is taken from Federal Statutes; § 1324. Bringing in and harboring certain aliens, § 1325. Improper entry by alien. http://www.law.cornell.edu/uscode/8/usc_sec_08_00001324—-000-.html (broken link) http://www.law.cornell.edu/uscode/8/usc_sec_08_00001325—-000-.html (broken link)
Arizona’s Law is not new. It is based on existing Federal Statutes and simply mandates that Law Enforcement Officals in Arizona enforce existing statutes.
The first two sections of Arizona’s law are, in fact, Welfare Fraud Prevention measures.
its a good law, and is perfectly constitutional
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