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Posted: 4/12/2006 6:49:31 PM EST
Bill Passes Applying Trespassing Law To Illegal Immigrants
www.kpho.com/Global/story.asp?S=4763930&nav=23Ku
PHOENIX (AP) -- Two days after a big immigration march in Phoenix, the Arizona Legislature on Wednesday approved legislation to make illegal immigrants subject to the state's criminal trespassing law.

The Senate approved the bill on a 17-12 vote and the House followed with a 33-27 vote, with both Republican-led chambers voting nearly along party lines.

Supporters of the bill contend it would provide "a second line of defense" behind the Border Patrol by enabling state and local law enforcement officers to arrest illegal immigrants who now are often released.

"This is a tool that law enforcement will use in a case-by-case basis. I do not envision large roundups," said Sen. Chuck Gray, R-Mesa.

However, another supporter, Republican Rep. Russell Pearce, said enactment of the measure might encourage many illegal immigrants to leave or avoid Arizona, currently the busiest entry point along the U.S.-Mexico border. "Many of those folks will self-deport," Pearce said.

The bill (SB1157) was sent to Democratic Gov. Janet Napolitano. She declined Wednesday to say what she'll do with it but her office later released letters from 12 law enforcement groups and officials, including sheriffs in three border counties, urging her to veto the bill.

The bill "represents an enormous unfunded obligation for state, county and local law enforcement," Santa Cruz County Sheriff Tony Estrada wrote.

Napolitano, who is running for re-election this year, vetoed a bill last year that would have given local and state law enforcement the ability to enforce federal immigration laws.

Sen. Ron Gould, a Lake Havasu Republican who voted for the bill, virtually challenged Napolitano to veto it. "I think she'll pay if she does," he said.

The latest legislative action came one day after House-Senate conferees softened possible criminal penalties illegal immigrants could face. The bill also gives law enforcement officers the option of transferring arrested immigrants to federal authorities for deportation instead.

Under the revised version, a first offense would be a misdemeanor punishable by up to six months in jail. The earlier bill made illegal immigrants subject to a felony punishable by up to a year of incarceration. Subsequent offenses would still be a felony, but a lower class of felony than previously proposed.

On Monday, an estimated 100,000 people marched to the State Capitol in an event organizers said was intended to urge Congress to enact comprehensive immigration reform, including a legal pathway toward citizenship for illegal immigrants. Many participants also carried signs critical of a U.S. House-passed immigration bill that would make illegal immigration a felony, though U.S. House and Senate leaders said Tuesday they planned to downgrade the federal version to a misdemeanor.

An effort to prosecute illegal immigrants on trespassing charges failed last year in New Hampshire when a judge ruled that police violated the U.S. Constitution by trying to enforce federal laws.

Sen. Bill Brotherton, a Phoenix Democrat who voted against the bill, said it's hypocritical for lawmakers to target the illegal immigrants without also enacting tough sanctions against employers who hire them. "Our own citizens are hiring these folks to do these jobs," he said.

Rep. Eddie Farnsworth, a Gilbert Republican who voted for the bill, said the immigrants themselves bear responsibility. "They have to make the decision to cross the border. Nobody's dragging them across," he said.

The bill was softened Tuesday at the behest of House Majority Leader Steve Tully, R-Phoenix.

Tully said in an interview with The Associated Press on Monday that the change would make it more likely that arrested illegal immigrants would be turned over to federal authorities for deportation rather than being prosecuted.

Because immigration enforcement has been nearly nonexistent once immigrants cross the border, it would be unfair and unrealistic to expect to incarcerate those who have been living and working in this country for years, he said.

Leff has said she anticipates that most illegal immigrants would be turned over to federal authorities instead of being prosecuted.
Link Posted: 4/12/2006 7:08:46 PM EST
I'm sure our pos Bull-dyke governor will be along shortly to veto it. Or have it ruled unconstitutonal, just like prop 200.
Link Posted: 4/12/2006 7:18:55 PM EST
It looks like she is trying to figure out the best way to "deal" with it
Link Posted: 4/12/2006 7:20:55 PM EST
The best offense is a great defense. Deterrence is probably the best way to go until/if the fed ever decides what hell they intend on doing with the national border.
Link Posted: 4/12/2006 7:25:20 PM EST
BTT

This is the best news I've read all week, good show AZ!!!



--VT
Link Posted: 4/12/2006 7:36:40 PM EST
I have little doubt that Napalitano wants to veto this bill, but I wonder if she doesn't realize the amount of awareness and anger that's building in Arizona over the illegal immigration mess. I wouldn't be surprised just to see her turn her back on this bill, neither signing it or vetoing it. That way it will become law and she can tell the illegals that she didn't sign it. And then she can have her buttboy Goddard bury it the way he buried 200 and blame it on him.

She may be ugly, but she's not stupid.
Link Posted: 4/12/2006 7:39:21 PM EST
So... they're going to criminalize criminal trespassing for criminals?

I'm confused... shouldn't that always have been a law?
Link Posted: 4/12/2006 7:44:09 PM EST

Originally Posted By MlTCHELL:
So... they're going to criminalize criminal trespassing for criminals?

I'm confused... shouldn't that always have been a law?



Me too.

We need to pass laws that specificly state the apply to illegals?

I'm getting some ideas here. I'll change my name and get a tan and become an illegal.
Link Posted: 4/12/2006 7:46:00 PM EST
Janet Mulletano our transsexual dyke POS governor will kill it somehow.
Link Posted: 4/12/2006 7:49:43 PM EST
<snip>"The bill (SB1157) was sent to Democratic Gov. Janet Napolitano. She declined Wednesday to say what she'll do with it but her office later released letters from 12 law enforcement groups and officials, including sheriffs in three border counties, urging her to veto the bill.

The bill "represents an enormous unfunded obligation for state, county and local law enforcement," Santa Cruz County Sheriff Tony Estrada wrote.

Napolitano, who is running for re-election this year, vetoed a bill last year that would have given local and state law enforcement the ability to enforce federal immigration laws."
<snip>

Hate for you pilice to have to enforce a law...

What, is our police forces on vaction here?

BS!!!

Sign the damn bill Jack!
Link Posted: 4/12/2006 7:52:57 PM EST

Originally Posted By MlTCHELL:
So... they're going to criminalize criminal trespassing for criminals?

I'm confused... shouldn't that always have been a law?



The reason for the passing is to allow AZ Law Enforcement to be able to enforce th law and hold illegal's accountable, beforehand the law severaly restricted police intervention.

When it seemed every other day that local police would find a house with 50+ illgeals, they would call INS/BP and ask they be picked up, if no one responded the illegals would be let go.

This way local enforcement agencies can arrest and detain.
Link Posted: 4/12/2006 7:56:13 PM EST

Originally Posted By geeze:

Originally Posted By MlTCHELL:
So... they're going to criminalize criminal trespassing for criminals?

I'm confused... shouldn't that always have been a law?



The reason for the passing is to allow AZ Law Enforcement to be able to enforce th law and hold illegal's accountable, beforehand the law severaly restricted police intervention.

When it seemed every other day that local police would find a house with 50+ illgeals, they would call INS/BP and ask they be picked up, if no one responded the illegals would be let go.

This way local enforcement agencies can arrest and detain.


I guess that makes sense... though, it should have been that way in the first place, and I'm suprised it wasn't.
Link Posted: 4/12/2006 8:02:07 PM EST
[Last Edit: 4/12/2006 8:02:33 PM EST by geeze]

Originally Posted By MlTCHELL:

Originally Posted By geeze:
The reason for the passing is to allow AZ Law Enforcement to be able to enforce th law and hold illegal's accountable, beforehand the law severaly restricted police intervention.

When it seemed every other day that local police would find a house with 50+ illgeals, they would call INS/BP and ask they be picked up, if no one responded the illegals would be let go.

This way local enforcement agencies can arrest and detain.


I guess that makes sense... though, it should have been that way in the first place, and I'm suprised it wasn't.



At least the local PD wasn't treating the situation as such. Being that illegal immigration was vieed as federal jurisdiction. So I prefer a legal remedy like this until the Fed gets off their ***.

ETA: Self censor
Link Posted: 4/12/2006 8:17:21 PM EST
Copy of bill?

12 Leo organizations mentioned? (-ESTRADA.....irony?)
Link Posted: 4/13/2006 5:56:50 PM EST

Originally Posted By 3rdpig:
I have little doubt that Napalitano wants to veto this bill, but I wonder if she doesn't realize the amount of awareness and anger that's building in Arizona over the illegal immigration mess. I wouldn't be surprised just to see her turn her back on this bill, neither signing it or vetoing it. That way it will become law and she can tell the illegals that she didn't sign it. And then she can have her buttboy Goddard bury it the way he buried 200 and blame it on him.

She may be ugly, but she's not stupid.



She declared an emergency about the illegals on the border as a political move to hurt bush, she is one of the best supporters of illegals that there is
Link Posted: 4/13/2006 5:59:13 PM EST
I say all of the border states tell the rest of the country to go F themselves, and just handle the border problem ourselves.

We could also deport the law breaking bastages ourselves. Let's face it....we have about 90% of them here anyway.
Link Posted: 4/13/2006 6:05:05 PM EST
Let her veto it.

And watch the backlash the likes of which she can't begin to comprehend.
Link Posted: 4/13/2006 6:06:47 PM EST

Originally Posted By bfieldburt:
Let her veto it.

And watch the backlash the likes of which she can't begin to comprehend.



She didn't veto prop 200, she just told the .gov employees NOT to enforce it, so they didn't
Link Posted: 4/13/2006 6:09:56 PM EST
didnt go far enough. they need to authorize deadly force for criminal tresspass, and give immunity to all those who take advantage of the law's provisions
Link Posted: 4/13/2006 6:11:13 PM EST
tag
Link Posted: 4/13/2006 6:12:21 PM EST

Originally Posted By Napoleon_Tanerite:
didnt go far enough. they need to authorize deadly force for criminal tresspass, and give immunity to all those who take advantage of the law's provisions



All across the country legislatures have been pretending to try to pass bills, this is the first sign of ANYTHING constructive happening
Link Posted: 4/13/2006 6:14:51 PM EST
Well that's what they are, tresspassers. If you can't give them a felony charge at least you can charge them with trespassing.
Link Posted: 4/13/2006 6:26:46 PM EST

Originally Posted By 22bad:
Bill Passes Applying Trespassing Law To Illegal Immigrants
www.kpho.com/Global/story.asp?S=4763930&nav=23Ku

.......................... The bill was softened Tuesday at the behest of House Majority Leader Steve Tully, R-Phoenix.

Tully said in an interview with The Associated Press on Monday that the change would make it more likely that arrested illegal immigrants would be turned over to federal authorities for deportation rather than being prosecuted. .........................




Ah yes, the old "catch and release."
Link Posted: 4/14/2006 7:25:08 PM EST
Officials jeer bill to arrest migrants

Judi Villa
The Arizona Republic
Apr. 14, 2006
www.azcentral.com/arizonarepublic/local/articles/0414immigration-police0414.html
A bill that would have police arrest undocumented immigrants for trespassing is an unfunded mandate that would tax the resources of already strapped law enforcement agencies and have a chilling effect throughout the Hispanic community.

That is what law enforcement officials across the state are saying as they rally against Senate Bill 1157.

Police say they simply don't have the resources to enforce the law, and they claim it will lead to racial profiling and stop Hispanics from reporting crimes or acting as witnesses. advertisement

"We don't have enough cops on the streets to handle the problems we've got today, and now they want us to go into the back of Filiberto's and arrest the poor dishwasher while somebody is getting carjacked in the middle of the street?" said Jake Jacobsen, president of the Phoenix Law Enforcement Association. "That's just a bad idea."
(the illegal that killed the Cop in CO was a busboy in the mayors restaurant you flocktard)

Senate Bill 1157 has been given final approval by the House and Senate and is waiting for the governor's action, which could come as early as today.

Gov. Janet Napolitano has hinted she will veto measures that criminalize the presence of undocumented immigrants in Arizona.

While supporters say the bill would deter immigrants from entering the country illegally, critics say it would do nothing of the sort, particularly because it does not allocate any money to hire more officers and prosecutors or to build enough jail space.

"Immigration is a problem that needs some attention, but before we start emptying the bucket, somebody needs to turn off the spigot," Jacobsen said.

The bill would:

• Make it a Class 1 misdemeanor for immigrants to enter Arizona illegally; on the second offense immigrants could be charged with felonies.

• Empower peace officers to question the immigration status of anyone they have lawfully detained.

• Obtain the fingerprints of any person arrested under the new law.

"I cannot have my deputies drop what they're doing for the public safety of the community to stop, detain and question people who may be here illegally," Santa Cruz County Sheriff Tony Estrada said.

"It's an unrealistic approach to this problem. They're taking stabs at it. It's like putting fingers in a dike."

Other complaints are that the bill amounts to racial profiling that could lead to costly lawsuits and that it would adversely affect crime fighting.

Critics say illegal immigrants would stop reporting crimes and cooperating with police as witnesses, as would legal immigrants who could fear being caught without their papers. Even legal residents could find themselves having to prove they are U.S. citizens.

"Where do we start questioning people, and where do we stop?" Estrada said. "It's just ludicrous."

Eric Edwards, executive director of the Arizona Association of Chiefs of Police, said the bill would force officers to determine whether a person violated federal law by entering the country illegally. And police agencies would have to spend extraordinary amounts of money to train them to do that.
(isn't it something like a ten day class that the other LEOs had to take?)

Police, money and limited resources would be better spent by officers targeting violent and property crimes instead of trying "to hunt down landscapers, maids and those whose sole offense is being in the country illegally," Edwards said.

"You look at the amount of cost, and for what?" he added. "At the end, the result is they'll be deported, and until the border is secure, they'll be back a week later."

Cochise County Sheriff Larry Dever said in his rural county a misdemeanor isn't even worth the trip to jail. If lawmakers really wanted to get serious, they would make the law a felony and put money behind it, Dever said.

The bill initially was written to charge first offenders with a felony, but that was changed so it could win passage.

"We don't arrest people now for misdemeanors for the most part," Dever said. "What are you going to do? Issue a citation? Where's the value in that? Goodbye, good luck. See you in court when you show up. Yeah, right."

Reporter Richard Ruelas contributed to this article.
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