Thursday, March 18, 2010

The alarm sounds for Arizona national ID, police checkpoint bill

BTC- 4:00 PST - We just had an update from vlogger 4409 out of Scottsdale, AZ who reported that this statute includes immunity to criminal justice retaliation against wrongful arrest and conviction by police when they are performing arbitrary terry stops in search of illegal immigrants. This is a really bad bill. It has rolled up the agenda to try national identity and a checkpoint police society in one fell swoop.

Real ID up for a vote in Arizona house
c/o Campaign for Liberty

A true anti-freedom bill, an Arizona version of REAL ID, is to be voted on in the Arizona House of Representatives by the Committee of the Whole (COW, in other words the full house) TODAY, WED, MARCH 17, 2010.

Do not be fooled by the title, or even the good intentions of the bill or its sponsors, this is BAD for freedom, Arizona, and the country. Do not be fooled by their platitudes of opposing REAL ID, National ID, or whatever other name they try to hide it behind.

Short version: among other serious problems, this bill allows a LEO to detain a law abiding American indefinitely whom they cannot verify via US Dept Homeland Security, with full indemnification for the LEO and his/her agency.

Papers Please.

The areas of concern are indicated below in red font and underlined.

And remember exactly how low the court's have deemed "reasonable" suspicion to be.

Taken from the bill language found here

Sec. 2. Title 11, chapter 7, Arizona Revised Statutes, is amended by adding article 8, to read:


11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification

A. No official or agency of this state or a county, city, town or other political subdivision of this state may adopt a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

B. For any legitimate contact made by a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made to determine the immigration status of the person. The person's immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c).


How do you know if some is illegal?

The only way to verify if someone is here legally is to check their immigration

How do you check?

This is described further in this bill below. I will highlight red .

What is 8 USC 1373c?

c. The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

C. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or assessment of any fine that is imposed, the alien shall be transferred immediately to the custody of the United States immigration and customs enforcement or the United States customs and border protection.

D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who is unlawfully present in the united states and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.

E. A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States.

F. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:


Read the above carefully.

There is NO RESTRICTION for ANY government official ANYWHERE in the state of Arizona for checking national id except for the specified purposes below. So, let's look at those........

1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.


Any government official anywhere in Arizona may check EVERYONES "immigration status" (i.e. national id data profile) for ANY benefit, service OR LICENSE (this is REAL ID/national id!) Again, how do you check immigration status? You get the ID of the person and run it against "immigration" (i.e. Department of Homeland Security REAL/PASS ID databases.)

2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.


The above describes a domicile/address data reconciliation process with the US Department of Homeland Security ("immigation") for EVERYONE's home, legal or illegal!

For example, among many other things, this would create a positive link between drivers' license addresses, one's home and 4473 forms which you fill out when you buy a gun. Among other things, such as improving the integrity of the drivers license as a national id, it creates a gun purchase registration capaibility at the federal government level.

3. Confirming the identity of any person who is detained.

Analysis: note the above in conjunction with an analysis comment below

4. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and Nationality act.

G. A person may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order any of the following:

1. That the person who brought the action recover court costs and attorney fees.

2. That the entity pay a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.

H. A court shall collect the civil penalty prescribed in subsection G and remit the civil penalty to the department of public safety, which shall establish a special subaccount for the monies in the account established for the gang and immigration intelligence team enforcement mission appropriation. Monies in the special subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.

I. A law enforcement officer is indemnified by the law enforcement officer's agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.

To contact your State Rep:

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