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Was Arizona immigration law SB 1070 worth the price?

Los SunsIt has been a month since Arizona passed its controversial immigration law, SB 1070. Since then, a deluge of disapproval has come from all quarters. City governments big and small are passing resolutions to boycott the state. Sports teams have spoken out against it.  Conventions have cancelled their plans to meet in Phoenix.Felipe Calderon  Foreign governments have denounced the law.  The President of the United States has called it “misguided”.  Law suits have been filed to block it.  Law enforcement officials have opposed it.  People have  taken to the streets in protest, marching side-by-side with celebrities and world famous  civil rights leaders.  Even California Governor Arnold Schwarzenegger mocked the Arizona law on television. The Arizona Corporation Commissioner has boldly threatened to shut off the electricity in Los Angeles in retaliation for the boycott approved by the L.A. city counsel. The list goes on and on. And we still have a full sixty days before the law actually goes into effect

Al SharptonIn response to all of this rancor, the Governor of Arizona formed a quarter-million-dollar "truth-telling" task force to pepper the media with pro-Arizona messages.  The goal, presumably, is to mitigate the economic disaster that SB 1070 is already causing. The airwaves and internet are being filled with SB 1070 apologists who are re-assuring people that they will not have to prove they are in the country legally unless they commit a crime first.  Even former Alaska Governor Sarah Palin joined forces with Arizona in the effort to sell SB 1070 to people who are now afraid to invest here. Considering Palin’s new interest in border security issues, it seems noteworthy that she did not appear concerned with securing Alaska's international border during her tenure as Governor.
Shakira
But while Arizona leaders are begging the world to accept that SB 1070 was passed with the best of intentions, the Governor has signed a law banning classes that "promote ethnic solidarity", and the Arizona Department of Education has been firing school teachers because they speak with an accent. Meanwhile, the Governor is riding the wave of Nativist populist support into the November election season with auSarah Palinstere campaign ads reminding us all of the importance of securing the border. The Governor has even announced that the Federal Government should send National Guard troops to the border, as well as commandeer helicopters belonging to other states for use in her new-found sense of urgency to secure the border in Arizona.

The SB 1070 apologists are pushing hard on the proposition that the law is simply a response to the Federal Government’s failure to secure the border. But SB 1070 does absolutely nothing to actually secure the border.

What is needed is a real solution, not a knee-jerk reaction like SB 1070. The Federal Government needs to pass a truly comprehensive immigration bill. In my very humble opinion, the immigration reform bill should accomplish the following things:

National Guard Helicopters1) Secure the border. Nothing can be done while Mexican drugs are heading north and American guns are heading south. The Mexican drug cartels and American gun manufacturers/dealers are the only ones profiting from this conveniently open border. As for the migrant workers who cross illegally so they can earn some wages to send home to family...

2) Start a viable guest-worker program. Let well-intentioned people come for set amounts of time to work in agriculture, manufacturing, and hospitality jobs.  The waiting period should be short, and anyone who is ready, willing, and able to work, and who does not have a criminal record, should be admitted into the program.  Migrant WorkersThe people who are crossing the desert to find work are not necessarily interested in living in the United States permanently.  Most are leaving their homes with the solitary goal of earning some money to support their loved ones.  They would prefer to come to where the work is on a temporary and legal basis, then return home.  This arrangement would benefit both countries economically. We need the cheap labor just as much as they need the hourly wages.  A rising tide lifts all ships.

3) Grant qualified amnesty to the twelve million who are already here. People who came to the United States as young children, who were brought by their family, and had no choice in the matter--all of them should be given amnesty, so long as two conditions are met: they cannot have a criminal record (other than the illegal entry), and they have to be willing to pay back taxes, if any are owed. People who crossed the border when they were over the age of 18 should be given a partial amnesty: they should have a twelve month grace period within which they could apply for the guest worker program described above.  If they apply within the twelve months, they do not have to go south of the border to apply.  As long as they have no criminal record, can show that employment is available to them, and are willing to pay any back-taxes owed, they will be admitted to the guest worker program.

This is what I think immigration reform should look like. Is it perfect? Of course not.  Are all the details worked out?  Nope.  Would some people abuse it?  Yes, there are always people who abuse privileges, but they can be dealt with individually.  Why let a few rotten apples spoil it for everyone?

Police StateBut, as for now, it seems that my idea of immigration reform is a bit to “radical” for the vast majority of my fellow Americans.  It seems that the majority would rather take overt steps toward the formation of a totalitarian police state. And it seems that they feel quite comfortable with the idea of a police state, so long as they are the ones in charge of that police state.  But how comfortable would these SB 1070 apologists feel if they were the ones asked to prove their citizenship after being stopped for doing 5 over the speed limit?  How strong would their support be after they had to prove they are a U.S. citizen to a patrol officer who had “reasonable suspicion” to believe they are here illegally?  After all, white Canadians look and sound an awful lot like white Americans, and the word on the street is that some of them will even over-stay a tourist visa after falling in love with the Arizona winter temperatures.  This, of course, is a bit of an apples-and oranges-comparison.  I am not aware of any credible claims of white Canadian illegal immMan in Jailigrants being treated with the same ferocious animus as brown Latino and Hispanic illegal immigrants.

But this hypothetical scenario does weigh in my imagination a bit.  Would this hypothetical person, who belligerently and energetically supported SB 1070 in 2010, now falsely suspected of an immigration violation himself, look back and feel that this was all worth it in the end? Up to six months in the county jail would give him some time to reflect.
 
 

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By

Phoenix Immigration Examiner

Paul E. Knost is a lawyer in Maricopa County, Arizona. He has practiced criminal defense in the Phoenix Metropolitan area for seven years. He is...

Comments

  • Dodo Bird 1 year ago
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    Well said as usual Examiner! There must be amnesty.

  • MaryJ 1 year ago
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    I am not aware of any credible claims of white Canadian illegal immigrants being treated with the same ferocious animus as brown Latino and Hispanic illegal immigrants.
    ----
    That's because there are very few "white Canadian illegal immigrants" while there are huge numbers of "Latino and Hispanic illegal immigrants."

  • pnut 1 year ago
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    Amnesty is NOT the solution. Enforcement is.

  • pepina 1 year ago
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    Dodo Bird: your tag says it all.

  • Glenn Fuller 1 year ago
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    Yes. This debate has been subverted, and censored. It is about time we honestly look the damage by the MEXICAN INVASION and call a SPADE a SPADE.

  • Glenn Fuller 1 year ago
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    Consider over 70,000 American CIVILIAN DEATHS by INVADERS (illegal aliens) more than all our foreign wars with MILITARY casualties and THEY ARMED AND TRAINED since 2001. Consider the U.S. Constitution gives the states legal authority in times of war and to wage war when in "IMMENINENT" danger Article I Section 10.3 not to forget the Preambe "INSURE DOMESTIC TRANQUILITY", and "PROVIDE FOR THE COMMON DEFENSE with "REPEL INVASIONS" Article I Section 8.15 and "PROTECT FROM INVASION" Article IV Section 4 U.S. Constitution.

    Perhaps it is about time to BOYCOTT OBAMA AND THOSE THAT WILL DO AMERICA HARM BY SURRENDERING TO THE MEXICAN AN ISLAMIC ENEMY SOUTH OF OUR BORDERS?

  • Franco 1 year ago
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    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety."-Benjamin Franklin

  • Barb 1 year ago
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    I read a fascinating piece about the low price we pay for the continuous economic stimulus of immigrant labor. It's called "Your livelihood is subsidized by immigrants" -- definitely worth googling.

  • Ashley 1 year ago
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    definitely it was worth the price, Illegal immigrants are a burden on economy of any country. It doesn't matter to what race they belong, only matters is that they broke the rule. I know in Pakistan, India, other muslims countries, china or any country if the police finds the illegal definitely they are first sent to JAIl on the suspicion of spying, and finally eported. Then why this big outcry on AZ LAw. It is perfectly a correct step that other states should also put.

  • Reece 1 year ago
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    America has no shortage of people in need of jobs, they simply lack the stupitity to work for 1.50 and hour

    illegal immigration abuses the immigrant by allowing companies to employ far below minimum wage and then place them in very dangerous, hazardous, dirty conditions w/o safty or sanitary equipment. Stop useing the needy.

    Illegal immigration throws off capitalism. If one company has access to infinent cheep labor and can produce massive quantities of very cheep goods, then smaller companies that pay real americans cant compet. Even when people actually like that product more. Capitalism depends on a balance which, when not thrown off by government interferance or foreing influence, can bring about massive leaps in progress and comfort for the average human being involed.

    ...Well Said pepina

  • John 1 year ago
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    Very smart article. It talks about the problem in a very rational matter. Lets use brains Arizona not hate!

  • No_to_confederates 1 year ago
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    People that support that law are bigots...

  • Reece 1 year ago
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    Rational?!?!?

    Must have been a typo or something

  • DA 1 year ago
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    Laws are Laws lets obey them and enforcement them. You should see what Mexico does to those who enter their country illegally.

  • Jerry 1 year ago
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    I work in the public everyday and I got to tell you, since 1070 got passed, I never knew how many fake ID holders there were. I got people asking me for advice and if I know a good immigration lawyer. Unbelievable !!!! Only advice I or anyone can give, if you know someone here illegally and especially with a fake ID and SSN, tell them to go home and start over, lets face it they are here illegally stealing our identification, committing fraud.! I would rather pay the $600 bucks to deport them than have one of them hit another relitive of mine and have no insurance to pay for it. Lets face it it cost more to become an illegal here than it does to come over the correct way, Which is get a sponsor, have a way to support yourself so you don't live off us like leeches. Just because your country is to poor to give you wlfare, free housing and free medical, doesn't make it ok to come here and do it.. Go home and let us rebuild our country for awhile. Adios Amigos

  • David 1 year ago
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    Paul, great thought put into this article. Unfortunately most people read something like this and then make comments that leave you scratching your head wondering if they even read what you wrote. The face of Hate is ugly and frustrating.

  • DA 1 year ago
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    Unfortunately Mexico has major problems and people are leaving en mass for a better life here in the USA. The problem is it is easier for the Mexican president to campaign against our laws than to fix his country. Also more profitable, millions of dollars are sent back to Mexico by relatives in this country each year. Finish the wall and make them fix their country then maybe we will be climbing the wall to get into Mexico.

  • R-Shoaf 1 year ago
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    Point 1 I agree.

    Point 2 We already have provisions for guest worker visa. It is called the H-1B. Cheapskate farmers and motels not wishing to pay a decent wage might have to adjust their business plan a bit but that is the market at work.

    Point 3 Amnesty. Last time we tried that it only encouraged the further influx of illegal aliens. How about giving an amnesty that says anyone fessing up to being here unlawfully will not be penalized by an extended waiting period to apply for lawful status? That sort of thing might be OK but a general amnesty legalizing their status only rewards the law breaker.

  • SB1070 1 year ago
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    Do you criticize or support Arizona Immigration law, SB1070? Take an action! Comment and Vote at online Poll immigration.civiltalks com

  • nov_284 1 year ago
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    Generally, I like the law, but I have one problem with it. Arizona isn't likely to net too many Canadians. We need to send those stinking kanuks back home. They say "Aye" too much and they reek of Maple syrup and socialized medicine.

  • emmap 1 year ago
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    Immigration.civiltalks.com is highlighting the current attitude of Americans regarding Arizona Immigration Law. Jump on the bandwagon - cast your vote and share your opinion.

    immigration.civiltalks.com

  • PollyP 1 year ago
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    If the Federal Government were doing its job, Arizona would have no reason to pass this law. Arizona people are living in a war zone of criminal activitiy headed by ILLEGALS, drug traffiking, kidnapping, shootings etc. Anyone who DOES NOT support this law is ignorant of the facts.

    Its not about discrimination (smokescreen), its about caring about people who follow the law! Where is the compassion for LEGAL citizens? How can anyone be for ILLEGAL immigration? I don't get it?

  • Jan Brewer CCA 1 year ago
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    Re: "If the Federal Government were doing its job, Arizona would have no reason to pass this law."

    Illegal immigration to Arizona has actually DECREASED in the last few years. The whole idea that Arizona is under siege is propaganda. Brewer passed this law because she gets money from CCA (corrections Corporation of America)--the private, for-profit prison that gets federal money for every person it detains, illegal immigrant or not.

  • Jan Brewer CCA 1 year ago
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    Re: "Point 3 Amnesty. Last time we tried that it only encouraged the further influx of illegal aliens. "

    No, it didn't. Mexicans are migrating here because of NAFTA. US corpirations are moving there and flooding the Mexican market with cheap, subsidized GM corn, which has put millions of Mexican farmers out of business. To survive, they have to come north in search of work. Why don't you actually find out what's going on instead of spewing FOX News talking points. And while you're at it, look up Virginia based Smithfield Farms and the fecal lagoons they have built in Mexico.

  • Jan Brewer CCA 1 year ago
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    Re: "America has no shortage of people in need of jobs, they simply lack the stupitity to work for 1.50 and hour"

    You think people who have to work for low wages are stupid? Some people don't have a choice. It's either work for low wages or starve to death. Not everybody is lucky enough to have access to unemployment benefits, welfare payments, SSI, and all of the other programs that keep people from having to work for substandard wages. I wonder how long you ignorant wackos would last if these programs were gone.

  • buzzo 1 year ago
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    We do not build a house with a poor foundation nor should we build our future society with law breakers. I do not care what their excuse is, do it right or do not expect to be welcome. There are solutions that do not reward illegal activity being rewarded. Everyone knows and read what they are. This garbage that is spouted here seeks the easy solution or the bleeding heart approach!

    My solution;
    seal the borders, yes even with the military if necessary (take them home from Germany the cold war and WWII are over)
    universal ID's

    Big fines for hiring any one who is neither a citizen or legal alien

    I have no problem paying more for lettuce or showing an ID when asked.

    Reagen said his 1986 amnesty support was one of his biggest mistakes.

    If you saw an amnesty program (of any stripe) and you wanted to come here would that give you an added incentive?

  • rrjenn 1 year ago
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    We don't want to make American citizens out of a people who's first act of entering our country was to break it's laws on immigration. If those aliens here already want to become citizens then they need to go home and apply for citizenship the legal way. Criminals are criminals.

  • Brucifer 1 year ago
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    #1 - NO amnesty, send them packing and tell them to come here legally next time. #2 - Fine, jail, close-down American business hiring illegals. And all this whining about things becoming a "Nazi" Police State because you have to show ID is bogus. For legal and medical reasons, one should carry ID at all times. After all, those "Nazi" police and paramedics and emergency room doctors, etc. might want to know who their accident victim is so that they can do all sorts of "police state" stuff like find your medical records and notify your next of kin.

  • Steve 1 year ago
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    9/11 forced heavy airport security. Crime in Arizona has risen over 300% in the last several years. Most of the criminals are illegal aliens. I don't condemn airports for me having to take my shoes off because of much needed heightened security. If it means I need to have identification at all times regardless of what I look like, SO BE IT. I want to feel safe. If Congress is doing nothing about it, then I praise ARIZONA for taking a stand. I live by the saying: "If you want it done right, you've got to do it yourself". Good for them. I can only wish my dumb state will do the same.

  • patty 1 year ago
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    I live in Arizona and have for 20 years. In those years, Arizona & the feds have offered two free passes for illegal aliens to become US citizens. Most will tell you they really do not want to be citizens and pay taxes. They are from Mexico and do not want to give up their Mexican citizenship. So even with amensty, many won't apply (or won't pay unless it is free). Many illegals as well as some hispanic US citizens feel that California, New Mexico, Arizona & Texas belong to them and that they have every right to be here. To them there is no border and never will be. During their protest they threaten to kill US citizen in our home if we denied their right to access these states. Let us not forget that most of hispanics, legal or not, refuse to learn or speak english. It is sometimes living in foreign land and who wants that. There is the cost of healthcare and welfare. If we are paying their costs, our own people suffer from lack of services. There is no money.

  • gil 1 year ago
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    so what if the Latinos are being profiled. As Asian descent, I was profiled during the Vietnam war; my ID was checked every time I made bus connection in Detroit when visiting relatives in Chicago, and I was even in uniform. It did not bother me; in fact, I understood why. The legal immigrants should be proud to present documentation when checked for ID. Being American or legal immigrant we obey the laws of the land; yet, the illegals are breaking the laws to the extent that they comment crimes and protected in some places. The way I look at it, we should be all be sworn in as deputy to assist places that do not have enough border law personnel similar to civilians riding with policemen at night patrol. We should arrest those harboring these illegals.

  • Against Law... 1 year ago
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    I personally think that the whole arizona law is just stupid. Instead of making the situation better they made it worst. Not all Immigrants are here to stay!! People dnt appriciate what hispanics have done for this country!! Legal or Illegal... No one will clean DIRTY bathrooms, Pick up trash etc. for $5.00/hr.. Its very ad to what this country has had to come with....

  • Jcn5135 1 year ago
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    The law is ignorant at its best, we cant all be white and if you want an only white state say so stop pretending its about securing our country

  • Akos Kovach 1 year ago
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    Thank you Mr. Knost for an excellent overview of SB 1070 issues.
    You covered proponents,opponents and possible solutions. Excellent~!
    Just as information there are 2 new Repeal 1070 groups formed on Facebook and a Petition to Repeal 1070 at www.change.org

    By visiting www.azleg.gov a reading of the final text reveals:
    Section 2, E allows law enforcement officers to arrest you without a warrant, because the officer determines “probable cause”, not a court.
    Section 4, E allows any peace officer to stop and detain anyone for “reasonable suspicion”.
    Sections 5 & 6, allows officers legal access to your private property, home or business.

    All the enforcement muscle is flexed on our streets, on our land and even in our homes as long as the authorities have 'Reasonable Suspicion'. We lose Due Process. Probable Cause and legitimize racial profiling, is this a good trade for so-called border security??

  • Phranq 1 year ago
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    HOW TO COMBAT A BLEEDING HEART WITH ECONOMIC LOGIC:

    1. Illegal aliens come here for work.
    "How?"
    2. American business owners hire them.
    "why?"
    3. Illegals are cheaper than legal citizens.
    "why?"
    4. American government has MANY costs on business (local taxes, health care, OSHA, maternity leave, etc. etc. Illegals are not reported so business pockets as profit all these extra costs.
    "So how can businesses do this?"
    5. Besides BOTH politicians AND business owners turning their heads, this DIFFERENCE in taxes must go somewhere? Illegal costs are COST SHIFTED to the AVERAGE CITIZEN. WE pay higher taxes for the ERs, schools, non-insured auto, etc.
    "but don't illegals do what Americans WON'T do?"
    6. No. Americans CAN'T do the work illegals will do for the same reimbursement. Legal citizens ALSO have numerous costs levied by Government (local taxes, Fed taxes, health insurance, auto insur., Social Secur, etc.. to PAY for the issue of #5)

    THE CLINCHER TO THIS ARGUMENT IS

  • james 1 year ago
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    THE KEY QUESTION IS WHAT ARE YOU GOING TO DO WITH ALL OF THE CHILDREN WHEN YOU START THE ROUND UP OF THE BROWN PEOPLE. STATES ARE BROKE WHERE IS THE MONEY GOING TO COME FROM TO TAKE CARE OF THEM? I DO NOT BELEIVE IN A FREE RIDE BUT MOST OF THESE KIDS ARE CITIZENS. THERE IS NOTHING AMERICAN ABOUT BREAKING UP FAMILIES. THE PEOPLE DOING ALL THE COMPLAINING ARE THE SAME ONES THAT WERE REEPING THE REWARDS A COUPLE OF YEARS AGO. IF THERE WERE HOUSES TO BUILD IN ARIZONA NO ONE WOULD BE CRYING. GOVERMENT IS THE REASON THE STATE IS BROKE NOT THE PEOPLE. WHAT IS THE GOVENER GOING TO DO WITH ALL THESE KIDS

  • Andy 1 year ago
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    Some problems with another amnesty are it would reward people who continue to break our laws. We have communities around Washington, D.C., where English is not spoken. I can only imagine how bad it is in Arizona. Also, how will the United States survive if its chief import is poverty? Finally, what is the United States saying to the rest of the world if it accepts illegal aliens from Mexico and Central America, but makes Africans, Islanders, Asians and Europeans go to the back of the bus? Amnesty is not the answer, we proved this in 1986.

  • in spite of politicians and media hype about increased crime due to increased illegal immigration in az - neither claim is supported by evidence from the U.S. Customs and Border Protection agency, the FBI, US Department of Commerce, or the AZ Department of Public Safety.
    gov jan brewer refuses to correct her false claim of border beheadings. vote her out.

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