President Obama with his personally selected Homeland Security Secretary Janet Napolitano (No intelligent voices here)
The oil spill continues off the coast of Louisiana and British Petroleum (BP) with all of their oil well specific knowledge does not seem able to contain the spill or stop the leak.
Homeland Security Secretary Janet Napolitano vowed today that the Coast Guard would take greater control of the response and ensure that "every federal resource that can be deployed is being deployed."
President Obama with his personally selected Interior Secretary Ken Salazar (No intelligent voices here)
Over the weekend, Interior Secretary Ken Salazar indicated the government might somehow replace BP as chief responder to the spill.
USCG Admiral Thad Allen (An intelligent voice in the wilderness)
The Coast Guard's Commandant today contradicted Salazar's statement, by saying there is no plan to remove BP. "To push BP out of the way would raise the question: Replace them with what?" Allen said.
Soap Box Ravings says here you have it laid out right in front of you. The Liberal response made by Secretaries Napolitano and Salazar is to "scream, shout and run about." They want to use more government to save the Gulf; to turn the full weight of the government loose (whatever that means).
Any fool can see that the US Navy and Coast Guard are not equipped to stop an oil leak 5,000+ feet under water. They have neither the equipment, knowledge or experience. The US Army, Air Force and Marine Corp also do not have any of the prerequisites.
Soap Box Ravings would think those in government at the Secretary level would understand these facts. Therefore, Soap Box Ravings believes these statements are made by these Secretaries to make the ignorant and uninformed believe the problem is being taken care of while the situation continues. Our present government is interested in blame, not necessarily problem resolution. As they say, never waste a good crisis.
Soap Box Ravings says Thank You to Admiral Allen for saying out loud the obvious. Your voice, which will probably be over run or ignored until he can be replaced by a proper fellow traveler is refreshing. This Retired Master Chief salutes you Admiral Allen for the way you are doing your job. Duty, Honor, Country; some folks out there still believe.
Monday, May 24, 2010
Hundreds Of Millions Spent With Minimal Results, Your Government At Work
Getty Images
Headlines at: http://www.politicsdaily.com/2010/05/23/more-high-tech-setbacks-for-border-security/ reveal More High-Tech Setbacks for Border Security
Obama administration's recent surprise decision to suspend new work on a multibillion-dollar high-tech border control system -- the third attempted since 1997 -- raises further questions about the government's ability to do the job and secure our borders.
The upshot is, hundreds of millions of dollars have been spent to close the border to illegal aliens, drug traffickers, terrorist and smugglers of all types and we have very little to show for the money spent.
Soap Box Ravings proposes that the United States copy the applicable Laws of the Republic of Mexico. Should you try to enter Mexico as an illegal alien, a drug trafficker, terrorist or smuggler of any sort you will find yourself in a Mexican prison.
So it's simple folks, adapt Mexican law. The beauty is those crossing from Mexico already are aware of Mexican law so there would be no training involved.
Headlines at: http://www.politicsdaily.com/2010/05/23/more-high-tech-setbacks-for-border-security/ reveal More High-Tech Setbacks for Border Security
Obama administration's recent surprise decision to suspend new work on a multibillion-dollar high-tech border control system -- the third attempted since 1997 -- raises further questions about the government's ability to do the job and secure our borders.
The upshot is, hundreds of millions of dollars have been spent to close the border to illegal aliens, drug traffickers, terrorist and smugglers of all types and we have very little to show for the money spent.
Soap Box Ravings proposes that the United States copy the applicable Laws of the Republic of Mexico. Should you try to enter Mexico as an illegal alien, a drug trafficker, terrorist or smuggler of any sort you will find yourself in a Mexican prison.
So it's simple folks, adapt Mexican law. The beauty is those crossing from Mexico already are aware of Mexican law so there would be no training involved.
Saturday, May 22, 2010
Obama's Mexican Pal Calderon Calls For Reinstatement Of Failed US Gun Ban
On Thursday, May 20, 2010, Felipe Calderon, the president of Mexico, where prohibitive gun laws prevent good people from having firearms for protection against criminals and governments of dubious legitimacy (historically the norm in Mexico), encouraged Congress to reinstate the federal "assault weapon" ban. With a warning seemingly designed to appeal to those who believe that speaking out against the Obama Administration's policies are one step short of sedition or worse, Calderon said, "[I]f you do not regulate the sale of these weapons in the right way, nothing guarantees that criminals here in the United States with access to the same power of weapons will not decide to challenge American authorities and civilians."
Calderon also misinformed Congress, claiming that violence in Mexico rose significantly after the U.S. ban expired in 2004. In fact, Mexico's murder rate has been stable since 2003 and remains well below rates recorded previously. However, he did not explain why violent crime has declined significantly in the U.S. since the ban expired, or how a ban on flash suppressors and bayonet mounts relates to drug thugs in Mexico or anywhere else.
Notwithstanding the Washington Post's judgment that Calderon "made a powerful case," we suspect his speech fell on mostly deaf ears in Congress and in Arizona, which he inappropriately criticized for having an illegal immigration enforcement law that is similar to Mexico's. But it had some effect, however. New York Democrat Rep. Carolyn McCarthy issued a statement incorrectly claiming that she has repeatedly introduced legislation to "reinstate" the ban. She has repeatedly introduced legislation, of course, but not to reinstate the ban. Rather, her bills have proposed to apply the "assault weapon" label to far more firearms than were covered by the expired ban, including the M1 Garand service rifle, the ubiquitous Ruger 10/22, and any semi-automatic shotgun or rifle a future attorney general might claim is not "sporting."
Copyright 2010, National Rifle Association of America, Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes.
11250 Waples Mill Road, Fairfax, VA 22030 800-392-8683
Soap Box Ravings reminds readers that the military grade weapons (fully automatic) being used in Mexico by drug gangs are not normally available in this country. Many weapons used in Mexico came from the Mexican military after their owner was killed or they left the military to participate in the services of the drug lord involved.
Many other weapons have been purchased on the worldwide black market from illegal arms dealers who deal in military weapons.
United States Federal Firearms Regulations (in a nut shell):
It has been unlawful since 1934 (The National Firearms Act) for civilians to own machine guns without special permission from the U.S. Treasury Department. Machine guns are subject to a $200 tax every time their ownership changes from one federally registered owner to another, and each new weapon is subject to a manufacturing tax when it is made, and it must be registered with the Bureau of Alcohol Tobacco and Firearms (BATF) in its National Firearms Registry.
To become a registered owner, a complete FBI background investigation is conducted, checking for any criminal history or tendencies toward violence, and an application must be submitted to the BATF including two sets of fingerprints, a recent photo, a sworn affidavit that transfer of the NFA firearm is of "reasonable necessity," and that sale to and possession of the weapon by the applicant "would be consistent with public safety." The application form also requires the signature of a chief law enforcement officer with jurisdiction in the applicant's residence.
Since the Firearms Owners' Protection Act of May 19, 1986, ownership of newly manufactured machine guns has been prohibited to civilians. Machine guns which were manufactured prior to the Act's passage are regulated under the National Firearms Act, but those manufactured after the ban cannot ordinarily be sold to or owned by civilians.
(Sources: talk.politics.guns FAQ, part 2, "FAQ on National Firearms Act Weapons", and from the Bureau of Alcohol, Tobacco, and Firearms, National Firearms Act FAQ. See also, "The Firearms Owners' Protection Act: A Historical and Legal Perspective" [Hardy, 1986]) )
Twenty-five states have no further restrictions on civilian ownership of machine guns (some require registration with the state) than what is required by federal law. Other states have either placed further restrictions or outlawed operable machine guns to civilians entirely. For further details see NRA state firearm law summaries.
Based on the above information, Soap Box Ravings points out that machine guns (fully automatic weapons) can not change hands, be created or destroyed without the involvement of the federal government. If you own one, the federal government is watching it.
You would think that a politician trained as a constitutional lawyer would know all of this.
Calderon also misinformed Congress, claiming that violence in Mexico rose significantly after the U.S. ban expired in 2004. In fact, Mexico's murder rate has been stable since 2003 and remains well below rates recorded previously. However, he did not explain why violent crime has declined significantly in the U.S. since the ban expired, or how a ban on flash suppressors and bayonet mounts relates to drug thugs in Mexico or anywhere else.
Notwithstanding the Washington Post's judgment that Calderon "made a powerful case," we suspect his speech fell on mostly deaf ears in Congress and in Arizona, which he inappropriately criticized for having an illegal immigration enforcement law that is similar to Mexico's. But it had some effect, however. New York Democrat Rep. Carolyn McCarthy issued a statement incorrectly claiming that she has repeatedly introduced legislation to "reinstate" the ban. She has repeatedly introduced legislation, of course, but not to reinstate the ban. Rather, her bills have proposed to apply the "assault weapon" label to far more firearms than were covered by the expired ban, including the M1 Garand service rifle, the ubiquitous Ruger 10/22, and any semi-automatic shotgun or rifle a future attorney general might claim is not "sporting."
Copyright 2010, National Rifle Association of America, Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes.
11250 Waples Mill Road, Fairfax, VA 22030 800-392-8683
Soap Box Ravings reminds readers that the military grade weapons (fully automatic) being used in Mexico by drug gangs are not normally available in this country. Many weapons used in Mexico came from the Mexican military after their owner was killed or they left the military to participate in the services of the drug lord involved.
Many other weapons have been purchased on the worldwide black market from illegal arms dealers who deal in military weapons.
United States Federal Firearms Regulations (in a nut shell):
It has been unlawful since 1934 (The National Firearms Act) for civilians to own machine guns without special permission from the U.S. Treasury Department. Machine guns are subject to a $200 tax every time their ownership changes from one federally registered owner to another, and each new weapon is subject to a manufacturing tax when it is made, and it must be registered with the Bureau of Alcohol Tobacco and Firearms (BATF) in its National Firearms Registry.
To become a registered owner, a complete FBI background investigation is conducted, checking for any criminal history or tendencies toward violence, and an application must be submitted to the BATF including two sets of fingerprints, a recent photo, a sworn affidavit that transfer of the NFA firearm is of "reasonable necessity," and that sale to and possession of the weapon by the applicant "would be consistent with public safety." The application form also requires the signature of a chief law enforcement officer with jurisdiction in the applicant's residence.
Since the Firearms Owners' Protection Act of May 19, 1986, ownership of newly manufactured machine guns has been prohibited to civilians. Machine guns which were manufactured prior to the Act's passage are regulated under the National Firearms Act, but those manufactured after the ban cannot ordinarily be sold to or owned by civilians.
(Sources: talk.politics.guns FAQ, part 2, "FAQ on National Firearms Act Weapons", and from the Bureau of Alcohol, Tobacco, and Firearms, National Firearms Act FAQ. See also, "The Firearms Owners' Protection Act: A Historical and Legal Perspective" [Hardy, 1986]) )
Twenty-five states have no further restrictions on civilian ownership of machine guns (some require registration with the state) than what is required by federal law. Other states have either placed further restrictions or outlawed operable machine guns to civilians entirely. For further details see NRA state firearm law summaries.
Based on the above information, Soap Box Ravings points out that machine guns (fully automatic weapons) can not change hands, be created or destroyed without the involvement of the federal government. If you own one, the federal government is watching it.
You would think that a politician trained as a constitutional lawyer would know all of this.
Thursday, May 20, 2010
Calderon's Dissing Continues And The Democrats Applaud It
UPI/Kevin Dietsch
In a speech to a joint session of Congress, Mexican President Calderon spoke against guns in the United States and also offered blistering comments about the Arizona immigration law. Calderon, who obviously has not read the Arizona Statues in question, repeated Obama's statements that the statutes use racial profiling as a basis for law enforcement.
Many Democrats present applauded Calderon's input.
Soap Box Ravings opinion is the dissing continues. President Obama, President Calderon and all of the applauding Democrats have shown their lack of respect for Congress and the United States of America.
Neither Obama or Calderon will admit that many of the weapons used by criminals in Mexico were either stolen Mexican military weapons or purchased on the black worldwide market. Many of those weapons are fully automatic weapons. I challenge anyone reading this to locate and purchase a fully automatic weapon in this country.
The weapons that many Mexicans do buy illegally in our country and take back to Mexico are common hunting rifles, revolvers and semiautomatic pistols they use for their own self defense.
It is illegal to purchase them and take them to Mexico, but the Mexican government does not allow their ordinary people to own weapons for self defense. However, again, they are not full automatic weapons.
Neither Obama and Calderon seem to have read, nor do they intend to read the Arizona Statute they are complaining about. They do not interested in allowing facts to get in the way of their personal political gain.
In a speech to a joint session of Congress, Mexican President Calderon spoke against guns in the United States and also offered blistering comments about the Arizona immigration law. Calderon, who obviously has not read the Arizona Statues in question, repeated Obama's statements that the statutes use racial profiling as a basis for law enforcement.
Many Democrats present applauded Calderon's input.
Soap Box Ravings opinion is the dissing continues. President Obama, President Calderon and all of the applauding Democrats have shown their lack of respect for Congress and the United States of America.
Neither Obama or Calderon will admit that many of the weapons used by criminals in Mexico were either stolen Mexican military weapons or purchased on the black worldwide market. Many of those weapons are fully automatic weapons. I challenge anyone reading this to locate and purchase a fully automatic weapon in this country.
The weapons that many Mexicans do buy illegally in our country and take back to Mexico are common hunting rifles, revolvers and semiautomatic pistols they use for their own self defense.
It is illegal to purchase them and take them to Mexico, but the Mexican government does not allow their ordinary people to own weapons for self defense. However, again, they are not full automatic weapons.
Neither Obama and Calderon seem to have read, nor do they intend to read the Arizona Statute they are complaining about. They do not interested in allowing facts to get in the way of their personal political gain.
Wednesday, May 19, 2010
Another "Never Waste A Good Crisis"
The Deepwater Horizon oil spill (aka the British Petroleum (BP) oil spill or the Gulf of Mexico oil spill)is a massive, presently ongoing since April 20, 2010, oil spill stemming from a sea floor oil gusher in the Gulf of Mexico. The spill started with an oil well blowout on April 20, 2010 which caused a catastrophic explosion on the Deepwater Horizon resulting in the loss of the offshore oil drilling platform about 40 miles South East of the Louisiana coast.
On May 3, 2010 President Obama cancelled the Interior Department’s 2010 Oil Industry Safety Awards luncheon at which British Petroleum was one of three finalists for a federal award program that would honoring offshore oil companies for “outstanding safety and pollution prevention.”
Soap Box Ravings would like to report that he heard his local radio station report at least four times yesterday (05-18-10) that federal inspectors had failed to do their jobs with regard to inspecting and regulating the Deepwater Horizon oil rig. Then the very next sentence was that a senator wanted to increase the regulations applicable to deep water oil drilling rigs.
Soap Box Ravings wonders why if federal employees fail to enforce regulations on the books why more regulations should be written to ignore. It would seem that that Senator and his or her peers would be more effective on another project such as: securing our borders, reducing taxes, repealing Obama's cursed health plan or solving the Social Security/Medicare crisis about to overwhelm the country.
Once Again Obama Disses His Country
Today Mexican President Felipe Calderon called Arizona's law discriminatory and warned Mexico would reject any effort to "criminalize migration."
And today, President Barack Hussein Obama, as usual supported another country against his country by calling the Arizona law "a misdirected expression of frustration."
Soap Box Ravings says Arizona passed their law, a direct copy of federal law which the federal government refuses to comply with. Not only will the federal government not apply their own law, they provide no relief to the individual states overwhelmed with illegal immigrants.
President Calderon and his government encourage Mexican citizens to illegally migrate into the United States. Yet Americans who go to Mexico are required to follow the laws of Mexico.
Soap Box Ravings feels that it is totally disgusting that Barack Hussein Obama, President of the United States and a Harvard graduated lawyer, willfully misrepresents Arizona Statutes for his and his party's political gain.
Tuesday, May 11, 2010
The Emperor Has No Clothes
The United States of America has just bailed out Greece and the European Union by the tune of a TRILLION Dollars. A Trillion (a cardinal number represented in the U.S. by 1 followed by 12 zeros) Dollars and it is an unsecured loan. Should Greece default, we don't even own the Parthenon.
And while we are making the loan to Greece, President Obama is leading our country down the same path that led Greece to bankruptcy.
Soap Box Ravings can not help but wonder how fast Greece and the rest of the European Union will rush to aid the "Great Satan" when we go bankrupt.
I sincerely hope my fellow concerned citizens notify the Emperor of his "No Clothes Status" in November.
I want the message to be loud and clear on all fronts; so it can not possibly be ignored.
Sunday, May 09, 2010
Warning Shot Fired In Germany, Funny Our Government Ignores Warning Shots As Coming From Misfits Or Tea Partiers
Chancellor Merkel's center-right alliance lost a key election in Germany's most populous state on Sunday, costing her majority in the upper house of parliament and curbing her government's power. It seems a lot of Germans do not want to bail out Greece from their financial difficulties.
Soap Box Ravings can't help see a connection here with President Obama's government in the United States. He spends his time on items in his agenda, but appears to be doing nothing for his fellow citizens. Twice he has verbally attacked police officers conduct in this country. He forced through a medica health plan that seems bound to bankrupt the country. However, when people complain he tries to pigeon hole them as malcontents. He has continually promised things which did not happen, some small and some very damaging.
Lets Remember in November.
Nothing Right Wing Or Tea Party About This
We start with these segments:
If I had to guess twenty-five cents this would be exactly that, somebody who’s homegrown, maybe a mentally deranged person, or somebody with a political agenda, that doesn’t like the health care bill or something: New York City Mayor Bloomberg on CBS Evening News regarding the Times Square SUV Bomber, May 3, 2010.
Soap Box Ravings reminds you that as Mayor of New York City he should lead with facts, not speculation. Think about the magnitude of intelligence provided for his use.
Funny how the knee- jerk reaction of both the Obama administration and the main stream media, given the fact that a car bomb was set to detonate at the "crossroads of the world", Times Square, was that Islamic terrorism was not at work.Soap Box Ravings provides the above which is the opening line of a story that may be found here: http://www.examiner.com/examiner/x-41853-Homeland-Security-Examiner~y2010m5d5-Times-Square-bombing-The-Tea-Party-movement-was-involved
Pakistani Taliban Directed Times Square Bomb Attempt, Officials Say
Obama administration officials Sunday said that the Pakistani Taliban, which had claimed credit for the failed attempt by Faisal Shahzad to set off a car bomb in New York's crowded Times Square on May 1, did in fact that mastermind the plot.Story at: http://www.politicsdaily.com/2010/05/09/pakistani-taliban-directed-times-square-bomb-attempt-officials/print/
Soap Box Ravings believes this may be the first Taliban directed attack in the United States since 09-11-01. But I guess the Taliban feel emboldened by our touchy feely President. I don't think (Do you miss him yet?) President Bush made the Taliban feel so warm and cozy.
Soap Box Ravings says if only Obama and his cronies would stand up for the people of Arizona and the rest of the country like they do for their Muslim friends.
Remember in November
Tuesday, May 04, 2010
Obama's Laser Focus
Soap Box Ravings can't help but think President Obama's laser focus must be getting a little strained.
Employment, regardless of how it is trumpeted does not seem to be recovering. His behavior during the passing of the health care bill resembled a bull forcing its way through a china store however, his focus on employment during that year seemed to be nonexistent.
The latest "terrorist" made it onto an airplane after his name and passport were known before the plane was made to return to the gate.
The President insulted every law enforcement officer in the country with his remarks about an Arizona senior being hassled by law enforcement when going for ice cream. His remarks closely resembled his earlier comments concerning the officer who arrested Obama's professor friend.
The President and appropriate cabinet members response to the gulf oil spill was underwhelming to say the least. Although they did manage to cancel the government's award ceremony for British Petroleum for their marvelous safety record.
His interest in the Tennessee floods seems to be minimal.
With due respect, the President has said he is looking into all of these questions.
Soap Box Ravings believes people can recover from ignorance, stupidity not so much.
Monday, May 03, 2010
The Louder The Left Screams, The Farther Off Base They Are
President Obama and DOJ to challenge Arizona, not support Arizona
Soap Box Ravings believes much of what the Left is screaming about Arizona's Immigration Law can be resolved by reading the law. So here it is, read it yourself and see if you can find the doom and gloom forecast by President Obama, who as the Chief Law Enforcement Officer of the United States fails to enforce US Laws already in place regardless of his sworn oath to uphold and support those laws.
Soap Box Ravings would also like to point out that demonstrations against Arizona and the Arizona immigration policies seem to have a different type of people demonstrating than those Tea Party folk. Who would have thunk it.
Arizona and Illegal Immigration
A posting of the Arizona SB 1070:
SB 1070 makes changes to laws relating to the enforcement on immigration laws, trespassing by illegal aliens, day laborers, harboring or transporting illegal aliens and employer sanctions.
Summary of the Proposed Strike–Everything Amendment to SB 1070
The proposed strike-everything amendment to SB 1070 makes changes to laws relating to the enforcement on immigration laws, failure to carry an alien registration document, day laborers, harboring or transporting illegal aliens and employer sanctions.
History
8 U.S.C. § 1373(c) requires Immigration and Customs Enforcement (ICE) to respond to inquiries by federal, state, or local government agencies 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.
Laws 2007, Ch. 279 enacted the Legal Arizona Workers Act (Act). The Act: expands aggravated taking the identity of another person or entity to include the intent to obtain employment; prohibits an employer from intentionally employing an unauthorized alien or knowingly employing an unauthorized alien; requires the Attorney General (AG) or county attorney to investigate complaints and classifies filing a false and frivolous complaint as a class 3 misdemeanor; provides for license suspension for the first violation; requires license revocation on a second violation during a probationary period; and after December 31, 2007, requires every employer to utilize E-Verify to verify employment eligibility. Laws 2008, Chapter 152 further amended the Act.
Provisions
Enforcement of Immigration Law
•Prohibits officials and agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.
•Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.
•Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.
•Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.
•Specifies that a person is presumed to be lawfully present if the person provides any of the following:
Ø A valid Arizona driver license.
Ø A valid Arizona nonoperating identification license.
Ø A tribal enrollment card or other form of tribal identification.
Ø A valid federal, state or local government issued identification.
•Requires that if a person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP).
•Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.
•Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:
Ø Determination of eligibility for any public benefit, service or license.
Ø Verification of any claim of legal domicile if legal domicile is required by law or judicial order.
Ø If the person is an alien, determination of the person’s compliance with federal registration laws.
Ø Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.
•Allows a person to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.
•Allows the court to order any of the following, if there is a judicial finding of a violation:
Ø That the person who brought the action recover court costs and attorney fees.
Ø That the entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions.
•States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.
•Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.
•Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.
Willful Failure to Complete or Carry an Alien Registration Document
•Specifies that in addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or 1306(a).
•Stipulates that the final determination of immigration status must be made by either:
Ø A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.
Ø ICE or CBP pursuant to 8 U.S.C. § 1373(c).
•Prevents a person convicted of the new offense from being eligible for suspension or commutation of sentence or release on any basis until the sentence is served.
•Requires the court to order the person to pay jail costs and an additional assessment of:
Ø At least $500 for a first offense.
Ø Twice the amount the person was ordered to pay for the first offense if this is the second or subsequent offense.
•States that the court will collect the assessments and transmit the collected monies to the Department of Public Safety for deposit in a special sub-account of the account established for GIITEM.
•Stipulates that monies in the sub-account are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail costs relating to illegal immigration.
•Makes a first offense a class 1 misdemeanor.
•Increases the penalty to a class 3 felony if the person commits the offense while in possession of:
Ø A dangerous drug (A.R.S. § 13-3401).
Ø Precursor chemicals used to manufacture methamphetamine (A.R.S. § 13-3404.01).
Ø A deadly weapon (A.R.S. § 13-3101).
Ø A dangerous instrument (A.R.S. § 13-105).
Ø Property used for committing an act of terrorism (A.R.S. § 13-2308.01).
•Makes violations a class 4 felony if either:
Ø It is a second or subsequent violation.
Ø Within 60 days, the person has been removed from the U.S. either under 8 U.S.C. § 1229a or 8 U.S.C. § 1229c.
Unlawfully Picking up Passengers for Work
•Specifies that it is a class 1 misdemeanor for an occupant of a motor vehicle that is stopped on a street, roadway, or highway to attempt to hire or hire and pick up passengers for work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic.
•Specifies that it is a class 1 misdemeanor for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic.
•Specifies that it is a class 1 misdemeanor for a person who is unlawfully present who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor.
•Defines solicit and unauthorized alien.
Unlawfully Transporting or Harboring Unlawful Aliens
•Stipulates that it is unlawful for a person to:
Ø Transport or move an alien in a means of transportation, or attempt to do so, if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Ø Conceal, harbor or shield an alien, or attempt to, if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Ø Encourage or induce an alien to come to this state if the person knows or recklessly disregards the fact that doing so would be a violation of law.
•Specifies that a means of transportation used in a violation of these provisions is subject to mandatory vehicle immobilization or impoundment.
•Provides the defense to prosecution if the person was providing or assisted in providing emergency, public safety or public health services otherwise available to the general public with regard to income.
•Stipulates that violators are guilty of a class 1 misdemeanor and subject to a fine of at least $1,000. However, a violation involving 10 or more illegal aliens is a class 6 felony and subject to a fine of at least $1,000 for each alien involved.
•Requires a peace officer to immobilize or impound a person’s vehicle if the officer determines either that:
Ø In furtherance of the illegal presence of an alien the person is transporting or moving, or attempting to do so in a vehicle if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Ø The person is concealing, harboring or shielding an alien in this state, or attempting to do so in a vehicle if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Employer Sanctions
•Provides employers with the affirmative defense that they were entrapped, but they must admit the substantial elements of the violation.
•Stipulates that the employer has the burden of proof proving the following by clear and convincing evidence:
Ø The idea of committing the violation started with the officer or their agents.
Ø The officers or their agents urged and induced the employer to commit the violation.
Ø The employer was not predisposed to commit the violation before the law enforcement officer or agents urged and induced the employer to do so.
•Stipulates that an employer is not entrapped if the employer was predisposed to violate the law and law enforcement merely provided the employer with the opportunity. Additionally, it is not entrapment for law enforcement to use a ruse or to conceal their identity.
•Requires employers to keep a record of the employment verification from E-verify for the duration of an employee’s employment, or three years, whichever is longer.
Miscellaneous
•Authorizes peace officers to lawfully stop a person if they have reasonable suspicion to believe the person is in violation of a civil traffic offense and human smuggling laws.
•Authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.
•Establishes the GIITEM fund (fund) and directs monies collected from penalties resulting from policies limiting the enforcement of federal immigration law to the fund.
•Requires the Arizona Department of Public Safety to administer the fund, which is subject to legislative appropriation and is to be used for gang and immigration enforcement and for county jail reimbursement for costs relating to illegal immigration.
•Contains intent and severability clauses.
•Specifies that this act may be cited as the “Support Our Law Enforcement and Safe Neighborhoods Act.”
•Makes technical and conforming changes.
Soap Box Ravings believes much of what the Left is screaming about Arizona's Immigration Law can be resolved by reading the law. So here it is, read it yourself and see if you can find the doom and gloom forecast by President Obama, who as the Chief Law Enforcement Officer of the United States fails to enforce US Laws already in place regardless of his sworn oath to uphold and support those laws.
Soap Box Ravings would also like to point out that demonstrations against Arizona and the Arizona immigration policies seem to have a different type of people demonstrating than those Tea Party folk. Who would have thunk it.
Arizona and Illegal Immigration
A posting of the Arizona SB 1070:
SB 1070 makes changes to laws relating to the enforcement on immigration laws, trespassing by illegal aliens, day laborers, harboring or transporting illegal aliens and employer sanctions.
Summary of the Proposed Strike–Everything Amendment to SB 1070
The proposed strike-everything amendment to SB 1070 makes changes to laws relating to the enforcement on immigration laws, failure to carry an alien registration document, day laborers, harboring or transporting illegal aliens and employer sanctions.
History
8 U.S.C. § 1373(c) requires Immigration and Customs Enforcement (ICE) to respond to inquiries by federal, state, or local government agencies 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.
Laws 2007, Ch. 279 enacted the Legal Arizona Workers Act (Act). The Act: expands aggravated taking the identity of another person or entity to include the intent to obtain employment; prohibits an employer from intentionally employing an unauthorized alien or knowingly employing an unauthorized alien; requires the Attorney General (AG) or county attorney to investigate complaints and classifies filing a false and frivolous complaint as a class 3 misdemeanor; provides for license suspension for the first violation; requires license revocation on a second violation during a probationary period; and after December 31, 2007, requires every employer to utilize E-Verify to verify employment eligibility. Laws 2008, Chapter 152 further amended the Act.
Provisions
Enforcement of Immigration Law
•Prohibits officials and agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.
•Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.
•Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.
•Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.
•Specifies that a person is presumed to be lawfully present if the person provides any of the following:
Ø A valid Arizona driver license.
Ø A valid Arizona nonoperating identification license.
Ø A tribal enrollment card or other form of tribal identification.
Ø A valid federal, state or local government issued identification.
•Requires that if a person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP).
•Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.
•Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:
Ø Determination of eligibility for any public benefit, service or license.
Ø Verification of any claim of legal domicile if legal domicile is required by law or judicial order.
Ø If the person is an alien, determination of the person’s compliance with federal registration laws.
Ø Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.
•Allows a person to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.
•Allows the court to order any of the following, if there is a judicial finding of a violation:
Ø That the person who brought the action recover court costs and attorney fees.
Ø That the entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions.
•States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.
•Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.
•Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.
Willful Failure to Complete or Carry an Alien Registration Document
•Specifies that in addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. § 1304(e) or 1306(a).
•Stipulates that the final determination of immigration status must be made by either:
Ø A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.
Ø ICE or CBP pursuant to 8 U.S.C. § 1373(c).
•Prevents a person convicted of the new offense from being eligible for suspension or commutation of sentence or release on any basis until the sentence is served.
•Requires the court to order the person to pay jail costs and an additional assessment of:
Ø At least $500 for a first offense.
Ø Twice the amount the person was ordered to pay for the first offense if this is the second or subsequent offense.
•States that the court will collect the assessments and transmit the collected monies to the Department of Public Safety for deposit in a special sub-account of the account established for GIITEM.
•Stipulates that monies in the sub-account are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail costs relating to illegal immigration.
•Makes a first offense a class 1 misdemeanor.
•Increases the penalty to a class 3 felony if the person commits the offense while in possession of:
Ø A dangerous drug (A.R.S. § 13-3401).
Ø Precursor chemicals used to manufacture methamphetamine (A.R.S. § 13-3404.01).
Ø A deadly weapon (A.R.S. § 13-3101).
Ø A dangerous instrument (A.R.S. § 13-105).
Ø Property used for committing an act of terrorism (A.R.S. § 13-2308.01).
•Makes violations a class 4 felony if either:
Ø It is a second or subsequent violation.
Ø Within 60 days, the person has been removed from the U.S. either under 8 U.S.C. § 1229a or 8 U.S.C. § 1229c.
Unlawfully Picking up Passengers for Work
•Specifies that it is a class 1 misdemeanor for an occupant of a motor vehicle that is stopped on a street, roadway, or highway to attempt to hire or hire and pick up passengers for work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic.
•Specifies that it is a class 1 misdemeanor for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location, if the motor vehicle blocks or impedes the normal movement of traffic.
•Specifies that it is a class 1 misdemeanor for a person who is unlawfully present who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor.
•Defines solicit and unauthorized alien.
Unlawfully Transporting or Harboring Unlawful Aliens
•Stipulates that it is unlawful for a person to:
Ø Transport or move an alien in a means of transportation, or attempt to do so, if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Ø Conceal, harbor or shield an alien, or attempt to, if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Ø Encourage or induce an alien to come to this state if the person knows or recklessly disregards the fact that doing so would be a violation of law.
•Specifies that a means of transportation used in a violation of these provisions is subject to mandatory vehicle immobilization or impoundment.
•Provides the defense to prosecution if the person was providing or assisted in providing emergency, public safety or public health services otherwise available to the general public with regard to income.
•Stipulates that violators are guilty of a class 1 misdemeanor and subject to a fine of at least $1,000. However, a violation involving 10 or more illegal aliens is a class 6 felony and subject to a fine of at least $1,000 for each alien involved.
•Requires a peace officer to immobilize or impound a person’s vehicle if the officer determines either that:
Ø In furtherance of the illegal presence of an alien the person is transporting or moving, or attempting to do so in a vehicle if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Ø The person is concealing, harboring or shielding an alien in this state, or attempting to do so in a vehicle if the person knows or recklessly disregards the fact that the alien is here unlawfully.
Employer Sanctions
•Provides employers with the affirmative defense that they were entrapped, but they must admit the substantial elements of the violation.
•Stipulates that the employer has the burden of proof proving the following by clear and convincing evidence:
Ø The idea of committing the violation started with the officer or their agents.
Ø The officers or their agents urged and induced the employer to commit the violation.
Ø The employer was not predisposed to commit the violation before the law enforcement officer or agents urged and induced the employer to do so.
•Stipulates that an employer is not entrapped if the employer was predisposed to violate the law and law enforcement merely provided the employer with the opportunity. Additionally, it is not entrapment for law enforcement to use a ruse or to conceal their identity.
•Requires employers to keep a record of the employment verification from E-verify for the duration of an employee’s employment, or three years, whichever is longer.
Miscellaneous
•Authorizes peace officers to lawfully stop a person if they have reasonable suspicion to believe the person is in violation of a civil traffic offense and human smuggling laws.
•Authorizes a peace officer to arrest a person without a warrant if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.
•Establishes the GIITEM fund (fund) and directs monies collected from penalties resulting from policies limiting the enforcement of federal immigration law to the fund.
•Requires the Arizona Department of Public Safety to administer the fund, which is subject to legislative appropriation and is to be used for gang and immigration enforcement and for county jail reimbursement for costs relating to illegal immigration.
•Contains intent and severability clauses.
•Specifies that this act may be cited as the “Support Our Law Enforcement and Safe Neighborhoods Act.”
•Makes technical and conforming changes.
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