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Old 04-29-2010, 03:57 PM
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Jeanfromfillmore Jeanfromfillmore is offline
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Default Thoughts on Arizona’s New Immigration Law

Thoughts on Arizona’s New Immigration Law
This past weekend, I was a guest on "Fox and Friends" and on MSNBC to debate Arizona's new immigration law that requires aliens in that state to carry proof of their immigration status. Let's take a look at the statutory requirement that addresses aliens and proof of alien registration, as per the Immigration and Nationality Act that was enacted nearly 60 years ago:
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
Throughout the world, nations make clear distinctions between citizens and non-citizens (aliens). According to the Immigration and Nationality Act, that body of all inclusive laws that pertain to the entry and presence of foreign nationals (aliens) in our country, the term "alien" simply means any person who is not a citizen or national of the United States.
The importance of citizenship is taken extremely seriously in every country on the face of the earth and, in fact, in many ways, other countries are far more concerned about the distinction between aliens and citizens.
Countries certainly have the right, indeed the imperative of denying the entry of an alien into their territory and also retain the right to remove aliens from their territory if those aliens are found to have engaged in activities that are contrary to the best interests of that nation. In order to achieve this goal, all nations insist on aliens carrying proof of their lawful status in their territory. Without such proof officials of governments would be utterly unable to deal effectively with foreign nationals who are present within their borders. In fact, many countries also require their own citizens to always carry official identity documents to properly identify the people within their borders. The purpose of these identity documents is to answer what is arguably the most fundamental question anyone can be asked either in a social situation or in a business or governmental situation--"Who are you?"
Governments on all levels--federal, state and local--have an obligation to provide for the safety and security of those who live within the territory that is under their jurisdiction. In order to accomplish this fundamental and essential goal, it is important for law enforcement to be able to identify people who are encountered in the course of official business. This requires that law enforcement officers be provided with basic tools to facilitate their work.
For decades, our federal government has done an abysmal job of securing the borders of the United States and creating an immigration system that has even a modicum of integrity. This is why there are now unknown millions of illegal aliens who are present in our country. Immigration is not a single issue but is a major factor in nearly every challenge that confronts our nation today. Everything from national security and criminal justice to the economy, the environment, healthcare and education are getting slammed and so are other areas of concern.
The state legislature of Arizona, in recognizing these failures of the federal government, created a bill that Gov. Jan Brewer signed that would address the vacuum created by a crisis of leadership and integrity in Washington. They enacted legislation that would require aliens present in that state to carry proof of alien registration.
I believe these political leaders had no choice. About two weeks ago, a rancher by the name of Rob Krentz was brutally murdered on his own ranch in Arizona. It is believed that the murderer was an illegal alien who apparently fled back to Mexico after he gunned down Mr. Krentz and his dog in an apparently cowardly ambush. The border that is supposed to separate the United States from Mexico has, in some areas, become a virtual "free fire zone." Phoenix, Arizona now has the undesirable nickname of "Kidnap Capital of the Western Hemisphere" with an average of one kidnapping and/or home invasion being reported to police each and every day. For the state government to fail to act would constitute dereliction duty. Isn't it bad enough that the federal government has been guilty of this dereliction of duty for decades?
Dereliction of duty is what enabled the 9/11 terrorists to enter our country and then embed themselves as they prepared to slaughter 3,000 innocent victims. Dereliction of duty is what enabled the other terrorist attacks to have been carried out more than 17 years ago at the CIA and at the World Trade Center in 1993, with both attacks coming just weeks apart. Had the Clinton administration been willing to address the ways that the terrorists of those attacks gamed the immigration and visa systems, 9/11 would not have happened.
Many in Washington are now ranting and raving about Arizona's law that requires aliens to carry their identity documents on them. I suggest that they be provided with the legal paragraph I you at the beginning of this commentary. That paragraph still applies today, under the federal laws governing the presence of aliens in the United States. Furthermore, this requirement has its origins in the 1940 Alien Registration Act, and can be found in the section of law contained within the current Immigration and Nationality Act, 8 U.S.C. § 1304 : US Code - Section 1304(e).
If the basic requirement that aliens who are present in our country always carry proof of alien registration--a requirement mandated by nearly every other nation on this planet--is seen as controversial, especially by high ranking government officials in Washington and in state and local governments, then we are in deeper trouble than I thought possible.
http://www.aim.org/guest-column/thou...migration-law/
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