How America Can Stand By Arizona

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Obama and Janet Napolitano restricted the agreement so that it can only be used to enforce the law against illegal aliens who also commit other crimes, and unfortunately many local law enforcement agencies stopped pursuing the law.

When Maricopa County Arizona Sheriff Joe Arpaio cracked down on illegal immigration without getting permission from Obama, they threatened to revoke his 287(g) status.  When Sheriff Joe refused to balk, they filed suit against him with a frivolous civil rights claim.

The truth is that Section 287(g) of the Immigration and Nationality Act explicitly acknowledges that states have the inherit authority to enforce immigration law stating:

“Nothing in this subsection shall be construed to require an agreement . . . in order for any officer of a State . . . to communicate with the [Secretary of Homeland Security] regarding the immigration status of any individual . . . or otherwise to cooperate with the [Secretary] in the identification, apprehension, detention, or removal of aliens not lawfully present in the United States.”

Rep. Marsha Blackburn’s Clear Law Enforcement for Criminal Alien Removal [CLEAR] Act further clarifies the states’ rights over immigration by  “reaffirming the existing inherent authority of States…to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States…for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by Congress.”

I’m flattered that my law has become a litmus test on immigration, but I hate to see Democrats and RINOs pretend to defend it to win votes.  In Arizona a number of vulnerable Democratic Congressmen including Gabrielle Giffords and Ann Kirkpatrick tried to sound tough by opposing the federal lawsuit with much fanfare. Yet these same Democrats opposed SB 1070 initially, and they refuse to defend Arizona’s right to enforce the law.  Rather they simply demand that the federal government take action (i.e. amnesty.)  Needless to say, they have not co-sponsored the CLEAR Act.

With friends like these, SB 1070 does not need enemies.  Any candidate or politician on the federal level who claims to support SB 1070 needs to put their money where their mouth is.  This means supporting the CLEAR Act and acknowledging a state’s inherit right to enforce the law, opposing activist judges, and demanding that the federal government enforce all laws.

Of course the federal government needs to enforce its own laws and secure the border.  But until they do, the least we can ask of them is not to interfere with states that care about the rule of law.

Arizona State Senator Russell Pearce is the author and sponsor of SB 1070.

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  • kwg1

    Thank you for standing up for the rule of law. We need to attack on all fronts including Nullification! And all 10th Ammendment issues. This Arizonan is with you!

  • Chezwick_Mac

    We all owe you a debt of gratitude, Sen. Pearce, for your courageous attempt to solve one of our nation's most pressing national security problems. Keep up the good fight!

  • davarino

    Good job Sen. Pearce. There are still patriots among us. I am from Texas and I wish my governor was as tough as he talks. He put forth a very weak effort to get obama to guard our borders.

  • Wesley69

    More states need to join the cause, Senator Pearce. The national government is not doing its job to protect your citizens from invasion. What I propose, Senator, you may find to your liking..

    While it is radical, it is within the meaning of the 10th Amendment.
    ****We need a Constitutional Convention now. If 2/3rds of the states call for one, Congress must do it. The President can't stop it.

    ****An amendment needs to be added to the Constitution to create a Council of the States, chosen by state legislatures to meet yearly. This council will have power to:
    – nullify federal laws and actions by a 3/5ths vote of the State Council
    -propose amendments to the Constitution by a 3/5th's vote. Amendments to the Constitution require a 3/4th's vote of all the states.
    -create a national referendum on an issue of national importance. The popular vote will be binding on the national government and the states.
    – call for a popular recall election to remove the President or other high ranking officials.
    – investigate actions of the national government.
    – propose laws to Congress.

    I believe this would restore a balance between the national government and the states. The 3/5th's vote is high. but it can be achieved.

    All tyranny needs to gain a foothold is for people of good conscience to remain silent.
    Thomas Jefferson

  • BS77

    Make sure you vote this November 2….Californians vote for Meg Whitman for Governor and Carly Fiorina to take B Boxer's seat in the US Senate. Urge your representatives to uphold US law, to end the so called "sanctuary cities", and stop "comprehensive immigration reform" (euphemism for amnesty). VOte for fiscal restraint and lower taxes. Stand with Arizona…a great state with a great Governor.

    • Fiddler

      YES Carly Fiorina for California!! If anyone is overwhelmingly qualified to be senator, she is! She OUGHT to have overwhelming support from all women because of her accomplishments. I heard her speak at a Women of AT&T event, when Lucent Technologies had just been born and was really impressed by her. California NEEDS FIORINA and needs to DUMP Boxer! Tell everyone you know in California that you can't go wrong with a former CEO of a major corporation with her credentials to be senator. And if they are hung up by her being pro-life; TELL THEM TO GET a LIFE!

      • Clara

        I cannot forget Carly Fiorina's heartless comment when, at HP, after outsourcing a number of jobs, she said (I'm paraphrasing), "Americans have to get over thinking that they have a God-given right to a job." I also don't trust someone who worked with RINO John McCain.