Guest Editorial

By Russell Pearce  |  JULY 15, 2015

Do American lives matter? Does the law matter?

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AG Brnovich, continue to uphold the law you took an Oath to do. We The People thank you.
To the courts and the Governor, NO Driver License, NO In-State Tuition, NO bail for illegal alien criminals. Enough is Enough.

1996 LAW: NO driver license: ARS 28-3153. Driver license issuance; prohibitions A. The department shall not issue the following: Sec. A. paragraph 15. A class A, B or C license to a person who fails to demonstrate proficiency in the English language as determined by the department. Sec. D. ... the department shall not issue to or renew a driver license or nonoperating identification license for a person who does not submit proof ... the applicant's presence in the United States is authorized under federal law. ... The rules shall include procedures for:

Verification that the applicant's presence in the United States is authorized under federal law.
PROPOSITION 300 IN 2006: NO instate tuition: Proposition 300, passed overwhelmingly by 75 percent of Arizonans: Codified "federal law" into Arizona law: "... In accordance with the illegal immigration reform and immigrant responsibility act of 1996 a person who was not a citizen or legal resident of the United States not entitled to classification as an in-state student ..." Then Arizona law states, "A person who is not a citizen of the United States, who is without lawful immigration status ... not entitled to tuition waivers, fee waivers, grants, scholarship assistance, financial aid, tuition assistance or any other type of financial assistance that is subsidized or paid in whole or in part with state monies."

PROPOSITION 100 IN 2006: NO BAIL: Arizona Constitution prohibits bail for illegal aliens charged with serious felonies.

Arizona Constitution Bailable offenses Section 22. A. All persons charged with crime shall be bailable by sufficient sureties, except for:

1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child
2. For felony offenses committed when the person charged is already admitted to bail on a separate felony charge
3. For felony offenses if the person charged poses a substantial danger to any other person or the community
4. (Prop 100) For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.

B. The purposes of bail and any conditions of release that are set by a judicial officer include:
1. Assuring the appearance of the accused.
2. Protecting against the intimidation of witnesses.
3. Protecting the safety of the victim, any other person or the community.

Our state Attorney General, Mark Brnovich, got it right, he said, "... the law is the law," and stated "he has an obligation to respect the will of Arizona voters."

Why would we allow the court to direct our elected or appointed officials to break the law? To comply with an illegal order from a Judge who commits malfeasance of office. Just say NO!

The anti law, anti American Ninth "Circus" Court continues its contempt for the law, along with Judges like Superior Court Judge Anderson, Judge Snow, The Supreme Court and other high and mighty judges. Under the Constitution they do not have the authority to create law from the bench. Their job is to uphold the law. It is a violation of federal law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. (Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally.) INA 274(a)(1)(A)(iii). Giving 'illegal' aliens driver licenses is certainly a violation of the law, both Arizona law and federal law forbids aiding and abetting them.

On January 19, illegal alien “Dreamer” Apolinar Altamirano shot and killed Grant Ronnebeck, 21, a Quick Trip clerk that ended any dreams Grant had. Citizen’s dreams don’t count, I guess. In May a young lady shoot in the back by a 7 time felon illegal alien, in Pinal County children critically injured in a head on collision with a drug induced 6 time deported illegal alien, and another "Dreamer" illegal alien released from jail only to molest and murder a 3 year old baby, these preventable crimes along with the 68,000 illegal aliens released from federal custody including the 121 illegal aliens only to commit murder and all of this in violation of law and Constitution.

Even The goofy Ninth Circuit Court has ruled that Obama’s fraudulent action in establishing Deferred Action for Childhood Arrivals (DACA), a stepping stone to amnesty for some illegal aliens, has no standing in law. Executive Order or not, DACA did not change the law. Only Congress can do that.

A few years ago, here in Arizona, we had a provocative idea: enforce the laws of the land and protect our citizens. Seventy-five percent of Arizona voters agreed; and they passed Prop 300 in 2006 which, among other things prohibits granting instate tuition to illegal aliens.

On May 5, Maricopa County Superior Court Judge Arthur Anderson rejected the will of the people and the law and said, " ... The circumstance under which a person enters the U.S. does not determine that person's lawful presence here."

Hard to fix corrupt Judges. The circumstance under which a person enters the U.S. DOES matter. Those who enter or remain in the U.S. in violation of the law are "illegal," and federal law makes that very clear. They are not entitled to Bond, Driver License or In-State Tuition PERIOD.

The voters have spoken (via the ballot initiative) and the law is clear. But it doesn't seem to matter to judges like Mr. Anderson, who violate their oath of office to uphold the Constitution. Of course, Judge Anderson's ruling is praised by the media.

You have to wonder if they are bothered even the least little bit that the illegal alien who murdered the QT clerk in Mesa, an illegal alien gang member out on bond for another violent crime AND was a Dreamer. Does it bother them that taxpayers are on the hook for billions of dollars because of illegal aliens in Arizona’s K-12 system, incarcerated, illegally working or burdening our emergency rooms? Of course, no-one wants to talk about that; just take more money from the taxpayers.

Unsanctioned entry into the United States and illegal presence in the U.S. are illegal. In April, 2002, the U.S. Dept. of Justice, under Attorney General Ashcroft, took the position that state and local police have inherent authority to enforce all immigration laws.

U.S. Supreme Court Chief Justice Alito; "The Court?s refusal to hear Prop. 100 shows insufficient respect to the State of Arizona, its voters, and its Constitution."

Justice Thomas for himself and Antonin Scalia, "And it suggests to the lower courts that they have free rein to strike down state laws on the basis of dubious constitutional analysis."

The ruling was a clear pattern of the courts throwing the Constitution and State?s Rights under the bus and the latest setback for the rule of law by a runaway Judiciary.

Justice Scalia said it well: "... the Federal Government must live with the inconvenient fact that it is a Union of independent States, who have their own sovereign powers ... the States have the right to protect their borders against foreign nationals, just as they have the right to execute foreign nationals for murder .... But to say, as the Court does, that Arizona contradicts federal law by enforcing applications of [federal law] that the President declines to enforce boggles the mind."

Senator Russell Pearce, an unapologetic American, author of SB1070, Employer Sanctions, No Driver License for illegals, No Bail for illegal aliens, former Chief Deputy of the Maricopa County Sheriff’s Office and former Judge.

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