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Posts Tagged ‘Illegal Immigration’

Video: “This is all our country…we are all Mexicans”

Posted by FactReal on May 10, 2010

What if Americans would do this in Mexico?
These pro-Mexico protestors were demanding respect..while disrespecting the American flag.

Via GatewayPundit/ StandWithArizona:

Pro-open borders protesters in Morgan Hill, California slap the US flag to the ground and then march and hold a rally chanting (May 9, 2010):

“This is occupied Mexico”…
“This is all our country…we are all Mexicans”…
“We want respect”….“Si Se Puede”

Obviously, these protestors ignore (or chose to ignore) that Mexico has tougher immigration laws than the United States.

Posted in Immigration, USA-California | Tagged: , , , , , , , , , , , , , , , | 1 Comment »

MEXICO VS. UNITED STATES: MEXICAN IMMIGRATION LAWS ARE TOUGHER

Posted by FactReal on May 8, 2010

UPDATE – July 28, 2010: Audio: Mark Levin reading from this article.

UPDATE – Nov. 19, 2012: English translation of the Mexican Constitution
(Scroll down for more updates)

– – – – – – – – – – – – – – – – Original Post – – – – – – – – – – – – – – – –
Mexico has stricter immigration laws than the United States of America.
Here is a summary of two excellent 2006 research papers exposing how Mexico discriminates illegal and legal immigrants.
MEXICO’S IMMIGRATION LAW:[1][3]
(a.k.a. General Law on Population)
Mexico’s Immigration Law
(General Law on Population)

1999


Mexico welcomes only foreigners who will be useful to Mexican society:
– Foreigners are admitted into Mexico “according to their possibilities of contributing to national progress.” (Article 32)
– Immigration officials must “ensure” that “immigrants will be useful elements for the country and that they have the necessary funds for their sustenance” and for their dependents. (Article 34)
– Foreigners may be barred from the country if their presence upsets “the equilibrium of the national demographics,” when foreigners are deemed detrimental to “economic or national interests,” when they do not behave like good citizens in their own country, when they have broken Mexican laws, and when “they are not found to be physically or mentally healthy.” (Article 37)
– The Secretary of Governance may “suspend or prohibit the admission of foreigners when he determines it to be in the national interest.” (Article 38)

Mexican authorities must keep track of every single person in the country:
– Federal, local and municipal police must cooperate with federal immigration authorities upon request, i.e., to assist in the arrests of illegal immigrants. (Article 73)
– A National Population Registry keeps track of “every single individual who comprises the population of the country,” and verifies each individual’s identity. (Articles 85 and 86)
– A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91).

Foreigners with fake papers, or who enter the country under false pretenses, may be imprisoned:
– Foreigners with fake immigration papers may be fined or imprisoned. (Article 116)
– Foreigners who sign government documents “with a signature that is false or different from that which he normally uses” are subject to fine and imprisonment. (Article 116)

Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons:
– Foreigners who fail to obey a deportation order are to be punished. (Article 117)
– Foreigners who are deported from Mexico and attempt to re-enter the country without authorization can be imprisoned for up to 10 years. (Article 118)
– Foreigners who violate the terms of their visa may be sentenced to up to six years in prison (Articles 119, 120 and 121). Foreigners who misrepresent the terms of their visa while in Mexico — such as working with out a permit — can also be imprisoned.

Under Mexican law, illegal immigration is a felony. The General Law on Population says,
– “A penalty of up to two years in prison and a fine of three hundred to five thousand pesos will be imposed on the foreigner who enters the country illegally.” (Article 123)
– Foreigners with legal immigration problems may be deported from Mexico instead of being imprisoned. (Article 125)
– Foreigners who “attempt against national sovereignty or security” will be deported. (Article 126)

Mexicans who help illegal aliens enter the country are themselves considered criminals under the law:
– A Mexican who marries a foreigner with the sole objective of helping the foreigner live in the country is subject to up to five years in prison. (Article 127)
– Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132)

MEXICO’S CONSTITUTION:[2][4]

The Mexican constitution expressly forbids non-citizens to participate in the country’s political life.
Non-citizens are forbidden to participate in demonstrations or express opinions in public about domestic politics. Article 9 states, “only citizens of the Republic may do so to take part in the political affairs of the country.” Article 33 is unambiguous: “Foreigners may not in any way participate in the political affairs of the country.”

The Mexican constitution denies fundamental property rights to foreigners.
If foreigners wish to have certain property rights, they must renounce the protection of their own governments or risk confiscation. Foreigners are forbidden to own land in Mexico within 100 kilometers of land borders or within 50 kilometers of the coast.

Article 27 states, “Only Mexicans by birth or naturalization and Mexican companies have the right to acquire ownership of lands, waters, and their appurtenances, or to obtain concessions for the exploitation of mines or of waters. The State may grant the same right to foreigners, provided they agree before the Ministry of Foreign Relations to consider themselves as nationals in respect to such property, and bind themselves not to invoke the protection of their governments in matters relating thereto; under penalty, in case of noncompliance with this agreement, of forfeiture of the property acquired to the Nation. Under no circumstances may foreigners acquire direct ownership of lands or waters within a zone of one hundred kilometers along the frontiers and of fifty kilometers along the shores of the country.” (Emphasis added)


The Mexican constitution denies equal employment rights to immigrants, even legal
ones, in the public sector.

“Mexicans shall have priority over foreigners under equality of circumstances for all classes of concessions and for all employment, positions, or commissions of the Government in which the status of citizenship is not indispensable. In time of peace no foreigner can serve in the Army nor in the police or public security forces.” (Article 32)

The Mexican constitution guarantees that immigrants will never be treated as real Mexican citizens, even if they are legally naturalized.
Article 32 bans foreigners, immigrants, and even naturalized citizens of Mexico from serving as military officers, Mexican-flagged ship and airline crew, and chiefs of seaports and airports:

“In order to belong to the National Navy or the Air Force, and to discharge any office or commission, it is required to be a Mexican by birth. This same status is indispensable for captains, pilots, masters, engineers, mechanics, and in general, for all personnel of the crew of any vessel or airship protected by the Mexican merchant flag or insignia. It is also necessary to be Mexican by birth to discharge the position of captain of the port and all services of practique and airport commandant, as well as all functions of customs agent in the Republic.”

An immigrant who becomes a naturalized Mexican citizen can be stripped of his Mexican citizenship if he lives again in the country of his origin for more than five years, under Article 37. Mexican-born citizens risk no such loss.

Foreign-born, naturalized Mexican citizens may not become federal lawmakers (Article 55), cabinet secretaries (Article 91) or supreme court justices (Article 95).

The president of Mexico must be a Mexican citizen by birth AND his parents must also be Mexican-born citizens (Article 82), thus giving secondary status to Mexican-born citizens born of immigrants.

The Mexican constitution singles out “undesirable aliens.” Article 11 guarantees federal protection against “undesirable aliens resident in the country.”

The Mexican constitution provides the right of private individuals to make citizen’s arrests.
Article 16 states, “in cases of flagrante delicto, any person may arrest the offender and his accomplices, turning them over without delay to the nearest authorities.” Therefore, the Mexican constitution appears to grant Mexican citizens the right to arrest illegal aliens and hand them over to police for prosecution.

The Mexican constitution states that foreigners may be expelled for any reason and without due process.
According to Article 33, “the Federal Executive shall have the exclusive power to compel any foreigner whose remaining he may deem inexpedient to abandon the national territory immediately and without the necessity of previous legal action.”

SOURCES
1. ^ Mexico’s General Law on Population (Ley General de Poblacion) accessed in 2006.
Website: Mexican Congress: #http://www.diputados.gob.mx/LeyesBiblio/index.htm

2. ^ Mexico’s Constitution accessed in 2008. [English translation] UPDATE: [English translation]
Website: Mexico’s Chamber of Deputies (lower house of Congress): #http://www.cddhcu.gob.mx/
under Leyes Federales y Estatales (Federal and State Laws): #http://www.diputados.gob.mx/LeyesBiblio/index.htm.

3. ^ J. Michael Waller, Mexico’s Immigration Law: Let’s Try It Here at Home

4. ^ J. Michael Waller, Mexico’s Glass House: How the Mexican constitution treats foreign residents, workers and naturalized citizens

5.Mexico’s Law of General Population [current version] #http://www.diputados.gob.mx/LeyesBiblio/pdf/140.pdf

6.Mexico’s Constitution of 1917 (PDF):
Source: #http://www.diputados.gob.mx/LeyesBiblio/ref/dof/CPEUM_orig_05feb1917_ima.pdf
Published version: #http://www.diputados.gob.mx/LeyesBiblio/ref/dof/CPEUM_orig_05feb1917.pdf
Current version: #http://www.diputados.gob.mx/LeyesBiblio/pdf/1.pdf

MORE
MEXICAN HYPOCRISY: They abuse illegal immigrants in Mexico but demand citizenship for Mexicans living in USA (video)
Mark Levin linked and read from this article. Here is the audio (5/19/2010).

RELATED
ARIZONA SB1070: Short Analysis (and Amendment HB2162)
ARIZONA SB1070: IMMIGRATION LAW (Links to Bill Text, Chronology, Guide)
L.A. Teacher Ron Gochez Called for Mexican Revolt in the U.S. (transcript, video) (MECha, Nation of Aztlan)
Ron Gochez, Marxist L.A. Teacher Advising Kids Against Police (video)
L.A. Teacher Ron Gochez Helping Illegals To Hide? (video)
LA Students: “This is all our country…we are all Mexicans” (video)

UPDATE 7/28/2010
SB1070: JUDGE BOLTON ISSUES INJUNCTION TO BLOCK IT (PDF of ruling, latest news)
Governor Brewer’s statement on SB 1070 ruling (PDF) via her website. News report (Hat tip: Doug Powers)
Think SB 1070 Is Racist, Oppressive? How Do Illegals South of Border Fare?
Bizarro-Obama World: Feds to enforce fingerprint/ID registration database against mortgage brokers
…while a federal judge ruled today to protect illegal aliens.
Preliminary Analysis (H/t: J. Schulenburg)


Posted in Immigration, Myths Busted | Tagged: , , , , , , , , , , , , , , , , , | 24 Comments »

ARIZONA SB1070: Short Analysis (and Amendment HB2162)

Posted by FactReal on April 30, 2010

UPDATE – on May 7, 2010:
Amendment to SB1070: The Arizona Governor also signed HB2162 (PDF), an amendment to the original SB1070. HB2162 changes “lawful contact” to “lawful stop, detention or arrest.” HB2162 removes the word “solely” from “may not solely consider race, color or national origin in implementing the requirements of this subsection.” HB2162 also reduces some fines, etc.
– – – – – – – – – – Original Post – – – – – – – – – –
SUMMARY OF THE NEW ARIZONA LAW (SB 1070):

Mirrors the federal law that since 1940 requires aliens to register and carry their documents with them.[2]
Targets ILLEGAL IMMIGRATION. Americans do not oppose legal immigration. Why is it racist to ask people to come through the front door?
Will NOT give police the power to pick anyone out of a crowd for any reason and force them to prove they are in the U.S. legally.[2]
Reasonable Suspicion: SB1070 also requires police officers who, in the course of a traffic stop or other law-enforcement action, come to a “reasonable suspicion” that a person is an illegal alien verify the person’s immigration status with the federal government.[1]
No Racial Profiling: SB1070 did not invent the concept of “reasonable suspicion.” Several factors are combined for police to arrive to “reasonable suspicion” that a crime has been committed. The law prohibits police to engage in racial profiling when making any stops.
Prohibitions: SB1070 prohibits the harboring of illegal aliens and makes it a state crime for an alien to commit certain federal immigration crimes.[1]

Countries have the responsibility to provide national security. Countries like Mexico have stricter immigration laws than USA.

CARRYING DOCUMENTS
FACT: SB1070 mirrors the federal law that since 1940 requires aliens to carry their documents with them:

● The Arizona law makes it a misdemeanor for an alien to fail to carry certain documents.[1]
● Since 1940, it has been a federal crime for aliens to fail to keep such registration documents with them.[1]
For 70 years, federal law has required non-citizens in this country to carry, on their person, the documentation proving they are here legally — green card, work visa, etc. That hasn’t changed.[2]
● The Arizona law simply adds a state penalty to what was already a federal crime. [1]
● Other nations have similar documentation requirements.[1]
● The new Arizona law mirrors federal law, which already requires aliens (non-citizens) to register and carry their documents with them:[3]

U.S. Federal Law: 8 USC 1306(a): Willful failure to register
Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.

U.S. Federal Law: 8 USC 1304(e): Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

CARRYING A DRIVER’S LICENSE
FACT: SB1070 does NOT require that people carry a driver’s license. Actually, a driver’s license in Arizona proves the person is not an alien. Besides, all Americans are constantly asked for papers for routine transactions, i.e., banks, airports, etc.:

● Arizona’s law does not require anyone, alien or otherwise, to carry a driver’s license.[1]
● It gives any alien with a license a free pass if his immigration status is in doubt. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country.[1]
● All Americans have to carry their driver’s license: Is having to produce a driver’s license too burdensome? These days, natural-born U.S. citizens, and everybody else, too, are required to show a driver’s license to get on an airplane, to check into a hotel, even to purchase some over-the-counter allergy medicines. If it’s a burden, it’s a burden on everyone.[2]

NO RACIAL PROFILING
FACT: SB1070 will NOT allow police to engage in racial profiling:

● The law (Section 2) specifically states that police, “may not solely consider race, color or national origin” in making any stops or determining immigration status.[1][2]
● In addition, all normal Fourth Amendment protections against profiling will continue to apply.[1]
● In fact, the Arizona law actually reduces the likelihood of race-based harassment by compelling police officers to contact the federal government as soon as is practicable when they suspect a person is an illegal alien, as opposed to letting them make arrests on their own assessment.[1]
NEW: The Arizona Governor signed HB2162 (PDF), an amendment to SB1070, to “make it crystal clear and undeniable that racial profiling is illegal, and will not be tolerated in Arizona.

LAWFUL CONTACT
NEW: HB2162 (PDF), the amendment to SB1070, changes “lawful contact” to “lawful stop, detention or arrest.” But SB1070 was already clear, so here below are the facts for SB1070.

FACT: SB1070 will NOT give police the power to pick anyone out of a crowd for any reason and force them to prove they are in the U.S. legally:[2]

● The law requires police to check with federal authorities on a person’s immigration status, IF officers have stopped that person for some legitimate reason and come to suspect that he or she might be in the U.S. illegally.[2]
● “Lawful contact” defines what must be going on BEFORE police even think about checking immigration status. “That means the officer is already engaged in some detention of an individual because he’s violated some other law.”[2]
● The law only allows police to ask about immigration status in the normal course of “lawful contact” with a person, such as a traffic stop or if they have committed a crime. [3]

SB1070, Section 2. “For any lawful contact made by a law enforcement official or a law enforcement agency…where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person…”

REASONABLE SUSPICION
FACT: “Reasonable suspicion” will NOT permit police misconduct.

● Before asking a person about immigration status, law enforcement officials are required by the law to have “reasonable suspicion” that a person is an illegal immigrant.[2]
● The concept of “reasonable suspicion” is well established by court rulings.[2] Over the past four decades, federal courts have issued hundreds of opinions defining those two words.[1]
● The Arizona law didn’t invent the concept: Precedents list the factors that can contribute to reasonable suspicion; when several are combined, the “totality of circumstances” that results may create reasonable suspicion that a crime has been committed.[1]
● For example, the Arizona law is most likely to come into play after a traffic stop. A police officer pulls a minivan over for speeding. A dozen passengers are crammed in. None has identification. The highway is a known alien-smuggling corridor. The driver is acting evasively. Those factors combine to create reasonable suspicion that the occupants are not in the country legally.[1]
● Since Arizona does not issue driver’s licenses to illegal immigrants, having a valid license creates a presumption of legal status.[2]
● When Arizona’s governor signed the new law, she also issued an executive order requiring training for local police on what does and what does not constitute “reasonable suspicion.”[2][4]

STATE VS. FEDERAL POWERS
FACT: State governments may enact laws to discourage illegal immigration.
[1]

● While it is true that Washington holds primary authority in immigration, the Supreme Court since 1976 has recognized that states may enact laws to discourage illegal immigration without being pre-empted by federal law. As long as Congress hasn’t expressly forbidden the state law in question, the statute doesn’t conflict with federal law and Congress has not displaced all state laws from the field, it is permitted.[1]
● That’s why Arizona’s 2007 law making it illegal to knowingly employ unauthorized aliens was sustained by the United States Court of Appeals for the Ninth Circuit.[1]
● The SB1070 law is designed to avoid the legal pitfall of “pre-emption,” which means a state can’t adopt laws that conflict with federal laws. By making what is a federal violation also a state violation, the Arizona law avoids this problem.[2]

WON’T CREATE A POLICE STATE
FACT: The Arizona law hardly creates a police state.

● When you read the Arizona SB1070, you realize “it is a reasonable, limited, carefully-crafted measure designed to help law enforcement deal with a serious problem in Arizona. Its authors…went to great lengths to make sure it is constitutional.[2]
● It takes a measured, reasonable step to give Arizona police officers another tool when they come into contact with illegal aliens during their normal law enforcement duties.[1]

WHY THE LAW IS NEEDED
FACT: Arizona is the ground zero of illegal immigration.
[1]

● The federal government estimated that Arizona had one of the fastest growing illegal immigrant populations in the country, increasing from 330,000 in 2000 to 560,000 by 2008.[2][5]
● Phoenix is the hub of human smuggling and the kidnapping capital of America, with more than 240 incidents reported in 2008. It’s no surprise that Arizona’s police associations favored the bill.[1] Also, 70 percent of Arizonans support SB1070.[6]
● We already have plenty of federal immigration laws on the books, and the typical illegal alien is guilty of breaking many of them. What we need is for the [federal] executive branch to enforce the laws that we already have.[1]
● Unfortunately, the Obama administration has scaled back work-site enforcement and otherwise shown it does not consider immigration laws to be a high priority. Is it any wonder the Arizona Legislature, at the front line of the immigration issue, sees things differently?[1]

SOURCES
1. ^ Kris W. Kobach, author of the SB1070 Arizona law
2. ^ Byron York, “A carefully crafted immigration law in Arizona”
3. ^ Center for Immigration Studies
4. ^ Arizona Governor’s executive order requiring the Arizona Peace Officer Standards and Training Board
5. ^ DHS: Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2008 (see Table 4)
6. ^ Rasmussen Poll (4/21/2010): 70% of Arizona Voters Favor New State Measure Cracking Down On Illegal Immigration.
RELATED
Kris W. Kobach’s Website
Another Obama Gaffe… Immigrant ID Law Has Been On Books For 70 Years
Coulter: I’ve Never Seen Any Issue Lied About As Much As Ariz. Immigration Law
Los Suns from Phoenix
Here’s what we can do for Arizona
Arizona Governor Jan Brewer to Barack Obama: “No One In Arizona Is Laughing” (Video)

Posted in Immigration, USA-Arizona | Tagged: , , , , , , , , , , , | 4 Comments »

SB1070: ARIZONA IMMIGRATION LAW (Links to Bill Text, Chronology, Guide)

Posted by FactReal on April 27, 2010

UPDATE – May 7, 2010:
Amendment to SB1070: The Arizona Governor also signed HB2162 (PDF), an amendment to the original SB1070. HB2162 changes “lawful contact” to “lawful stop, detention or arrest.” HB2162 removes the word “solely” from “may not solely consider race, color or national origin in implementing the requirements of this subsection.” HB2162 also reduces some fines, etc.
– – – – – – – – – – Original Post – – – – – – – – – –
Links to the Arizona’s Anti-Illegal Immigration Bill (Senate Bill 1070 or SB1070)
recently passed and signed into law by the Grand Canyon State. It’s time to read the law before debating it.
LAW’S INFORMATION:
Full text: SB1070 (PDF) via the Arizona State Legislature
(bill signed by the Governor)
Title: Support Our Law Enforcement and Safe Neighborhoods Act
Amendment: HB2162 (PDF)
BILL’S INFORMATION:
Nickname: SB1070 (Senate Bill 1070)
Title (s): Immigration; law enforcement; safe neighborhoods
Safe neighborhoods; immigration; law enforcement
Versions: Introduced Version (PDF
)
Senate Engrossed* Version (PDF)
House Engrossed* Version (PDF)
Amendment: HB2162 Conference Engrossed (PDF)
BILL’S CHRONOLOGY:
Full chronology via Arizona State Legislature
– 4/19/2010 Video: Senate Final Reading
– 4/21/2010 Press Releases by Senate Republicans
– 4/23/2010 Statement by Governor Jan Brewer on Senate Bill 1070
– 4/23/2010 Executive Order 2010-09: Law Enforcement Training for Immigration Laws
– 4/23/2010 SB1070 is signed by the Governor of Arizona
– 4/30/2010 Governor Brewer signed the amendment HB2162 (PDF) to “make it crystal clear and undeniable that racial profiling is illegal, and will not be tolerated in Arizona.”
HELPFUL LINKS
ARIZONA SB1070: Short Analysis (and Amendment HB2162)
SB1070 explained by his author, Kris Kobach
Arizona Guide: Bill To Law
GLOSSARY
Alien: Any person not a citizen or national of the United States.
(Source: CIS.gov, Websters)

*Engrossed: Once a bill has cleared Committee of the Whole it is “engrossed”.
During engrossing all amendments are merged with the original bill and a “clean”
bill is created. (Sources: Arizona Legislation, C-Span
, Webster)

RELATED
Controlling Illegal Immigration: State and Local Governments Must Do More (PDF)
New Arizona Immigration Law Makes Sense
Cost of Illegal Immigration in U.S. Border States (Hat tip: NYT, Heritage Foundation)
Photos: Angry Mob at Pro-Illegal Immigration Rallies
Here’s what we can do for Arizona
Arizona Governor Jan Brewer to Barack Obama: “No One In Arizona Is Laughing” (Video)
Origin of Illegal Immigration


The illegal immigrant population in the U.S. has increased from 3.5 million (1.54 percent of the total population) in 1980 to 11.9 million (3.97 percent) in 2008. That translates into an illegal immigrant growth rate of 240 percent since 1980 compared to the total U.S. population growth rate of 32.3 percentage.
(Source, page 8)

Where Illegals Come From and Where They Go (by State)
p.s.
Sweetness & Light, thank you for linking to this article.




Posted in Immigration, USA-Arizona | Tagged: , , , , , , , , , , | 6 Comments »