From the Desk of the APA Executive Director SB
1070 Ruling - Reaction
Today Judge Bolton issued her ruling on a request
for preliminary injunction against SB 1070. Contrary to some media
reports the judge did not issue a preliminary injunction against the
entire bill just certain provisions within it. Here is the
breakdown.
Allowed to stay in effect:
1. The intent of the law remains in effect
2. Prohibits agencies from limiting enforcement of federal
immigration laws
3. Requiring state officials work with federal officials with regard
to unlawfully present aliens
4. Allowing legal resident to sue any state agency for adopting a
policy that restricts enforcement of immigration laws to less than
the full extent permitted by federal law
5. Crime of human smuggling as amended
6. Creating a crime for stopping a motor vehicle to pick up day
laborers if it impedes traffic
7. Knowingly hiring of unauthorized aliens
8. Checking employment eligibility
9. Creating a gang and immigration intelligence team enforcement
mission fund
10. Creating a separate crime for a person in violation of a
criminal offense to transport or harbor an unlawfully present alien
11. Amending the provisions for the removal or impoundments of the
vehicle to permit impoundment of vehicles used in the transporting
or harboring of unlawfully present aliens
Placed on hold pending future court review by
injunction:
1. The law requiring an officer to make a
reasonable attempt to determine the immigration status of a person
stopped. (Notice it does not prevent an officer from calling ICE. BP
or 287G)
2. Creating a crime for the failure to apply for
or carry alien registration papers
3. Creating a crime for an unauthorized alien to solicit, apply for
or perform work
4. Authorizing the warrantless arrest of a person where there is
probably cause to believe that person is in the county illegal
(*Arizona's Immigration Law)
Most of the provisions sought by this association
were a permitted to move forward (i.e. stopping sanctuary city
policies, right to partner with federal immigration authorities).
Essentially, for most state agencies, it will be business as usual
tomorrow. For those Arizona cites such as Tucson who have a
sanctuary city policy they will now be forced to change their policy
to afford their officers the right to check a person's immigration
status with their federal partner without restriction.
PLEA Phoenix Police Department Draft Immigration
Policy ref. SB1070
"An officer contacted me about the new PPD
immigration policy and the training behind it.
Attached are two pages from the draft policy from PPD on the new
immigration law. The section under "arrests", the way it is
presented in the policy and the way it is being taught to officers,
requires that "ALL arrested persons" - meaning whether there is
reasonable suspicion to believe they are in the country illegally or
not, are to have their status verified by ICE. This interpretation
is confirmed by the following NOTE in the policy - "Presentation by
the arrestee of presumptive identification....DOES NOT MEET the
requirement to verify immigration status."
This creates a situation that is in conflict with SB1070 - everyone
is presumed to be in the country legally, valid identification IS
presumptive proof of legal status thus there is NO reason to contact
ICE to verify legal presence in the country. This policy appears to
deviate from the statewide video training provided by AzPost. This
policy creates an unnecessary, costly, time-consuming burden that is
beyond the intent of SB1070. It appears that this policy is written
with the goal of causing the new law to fail or undermine its
effectiveness.
Under this policy, I stop Mr. Smith for failing to signal while
driving a vehicle and turning onto a street. I contact Mr. Smith and
he gives me an Arizona drivers license. I run Mr. Smith and find
that he has NO warrants but is driving on a suspended drivers
license. I have a choice: I can book Mr. Smith or I can write Mr.
Smith a ticket. If I choose to write him a ticket, I have to verify
his status with ICE even though he has provided me a valid ID that
was verified on my car computer. Even though there is NO reason to
believe Mr. Smith is in the country illegally, this new policy is
forcing me, and every other officer for every other similar stop or
situation, to call ICE to verify legal status. This is unnecessary,
takes time, costly, and foolish.
Under this policy, I get a call to a location where I find Mr. Jones
illegally dumping trash. Upon contact with Mr. Jones, he provides me
with a valid Arizona drivers license. I run Mr. Jones on the car
computer and he has NO outstanding warrants. I have a choice: I can
book Mr. Jones or I can write Mr. Jones a ticket. If I choose to
write him a ticket, I have to verify his status with ICE even though
he has provided me a valid ID that was verified on my car computer.
Even though there is NO reason to believe Mr. Jones is in the
country illegally, this new policy is forcing me, and every other
officer for similar stops or situations, to call ICE to verify legal
status. This is unnecessary, costly, and foolish.
This new immigration enforcement philosophy seems to be showing up
in other Arizona police policies. On July 19, 2010 I received the
following from the Glendale PD union president Justin Harris:
"I recently attended my departments SB 1070 training and I was
surprised to learn that Glendale is telling all of its Officer's
that we have to call in and verify everyone's immigration status
even after they provide us with a valid form of ID that meets the
"presumptive" clause in the bill. Has any other labor group
expressed this concern to you? I thought the reason the presumptive
ID clause was written in the statue was so that we didn't have to
call and verify everybody's status? If this holds true then I'm sure
the Feds call center will be overwhelmed and it will cause an undue
detention of citizens who have a valid form of ID. Is this the
administration's way to work against the bill?"
It seems that the Arizona Chiefs of Police (ACOPS) has moved from
lawlessness in NOT proactively addressing the crime of illegal
immigration to malfeasance in subjecting front-line officers and the
citizens they serve to needless and abusive immigration checks when
NO reasonable suspicion exists that the law enforcement contact
provides reasonable suspicions that a person is in the county
illegally. This policy flies in the face of the intent of SB1070 and
appears to be a dangerous and foolish attempt by police managers to
undermine the bills effectiveness in keeping Arizona safe from the
crime of illegal immigration. One wonders if the chiefs will mandate
that every person contacted be patted down for weapons when no
reasonable suspicion exists that the contacted person is armed.
The author of the original PPD policy, Lt. Larry Jacobs,
communicated to me that the draft policy that was sent out is not
consistent with what he wrote and was changed to its present form by
PPD attorneys. It is unfortunate, but not surprising, that this
policy was produced without any input from PLEA - the 2400 men and
women who are tasked with enforcing this new statute in a front-line
capacity.
PLEA opposes and is alarmed by this new immigration policy."
Mark Spencer PLEA President
Document One
Document Two
The Arizona Police Association Membership
Announcement
The Arizona Police Association is introducing the
Law Enforcement Association of Pinal County as its newest member.
"The APA welcomes the officers of the Law Enforcement Association of
Pinal County to the rank and file members of our association. We
also look forward to developing a strong relationship with the
community served by these officers," says Brian Livingston Executive
Director of the Arizona Police Association.
APA Executive Director meets with Maricopa County Attorney
Candidate Bill Montgomery to discuss issues of importance to law
enforcement. Mr. Montgomery has received the endorsement of the
Arizona Police Association which represents approximately 10,000
police, detention, correction, Border Patrol and other law
enforcement officers throughout the state.
The Arizona Police Association Membership
Announcement
The Arizona Police Association is introducing the Salt River Law
Enforcement Association as its newest member. Members of the Salt
River Law Enforcement Association work on the Salt River Indian
Reservation as full time law enforcement officers.
“The APA welcomes the officers of the Salt River Law Enforcement
Association to the rank and file members of our association. We also
look forward to developing a strong relationship with the community
served by these officers,” says Brian Livingston Executive Director
of the Arizona Police Association.
Public Safety Collective Bargaining Passes
U.S. House of Representatives
On July 1, 2010 the House of Representatives passed the Public
Safety Employee-Employer Cooperation Act (H.R. 413) as part of the
War Supplemental Appropriations Act, H.R. 4899.
The U.S. Senate will start their review of H.R. 4899 today as it
returns from the 4th of July recess. APA members are urged to call,
e-mail or write all members of the U.S. Senate to voice their
support for this measure.
Feds to Fight Arizona!
Misplaced Priorities: U.S. taxpayer dollars to
fight Arizona not the illegal activities of illegal immigrants,
criminal drug cartel operations and Latin American and Foreign Crime
Syndicates.
Click
to read federal lawsuit
Related Documents:
Police chief: Cartels threaten U.S. law
enforcement in Arizona
(CNN) -- In the first public incident of its
kind, cartels are making direct death threats to U.S. law
enforcement officials in Nogales, Arizona, the police chief there
told CNN Monday.
Speculation about death threats by cartels
towards U.S. law enforcement has been widespread for some time, but
this is the first time U.S. officials along the border confirmed a
case.
The threats began less than two weeks ago, after
off-duty police officers from the Nogales police department seized
several hundred pounds of marijuana from a drug smuggling operation
they stumbled upon while horseback riding in the eastern fringes of
Nogales, the chief said.
The smugglers in the incident managed to flee
into Mexico before being detained, Nogales Police Chief Jeffrey
Kirkham told CNN.
"We are taking the threats very seriously,"
Kirkham told CNN. "We have received information from informants who
work in Mexico that the drug cartel running that operation was
unhappy about our seizure. They told our informant that they
understand uniformed police officers have a job to do, but anyone
out of uniform who gets involved in their operation will be
targeted."
"America is based on freedom. We're not going to
be intimidated by the threats, but we are taking them seriously.
I've told my officers if they venture into that area off duty to be
armed," Kirkham said.
The U.S. Customs and Border Protection sent an
increased presence to the area where the bust happened, Kirkham
said.
It was unclear which cartel was making the
threats against the Nogales police department, but Kirkham said
there is a turf war on the other side of the border in Nogales
Sonora, Mexico, between the Sinaloa cartel and the Juarez cartel.
Kirkham said he was unaware of cartels trying to
bribe or extort his police officers, but he did say cartel's are
using the same tactics on U.S. law enforcement that they do on local
law enforcement in Mexico.
In May, a former sheriff's deputy in nearby Santa
Cruz County -- 29-year-old former deputy Jesus R. Contreras -- and
another man were arrested on federal drug-smuggling and gun charges.
Local reports said Contreas was wearing a police uniform when he
tried smuggling five kilograms of cocaine through a checkpoint on
March 2.
By Nick Valencia, CNN
6-21-10
Department of Liquor License and Control has
New Director
Arizona. Governor. Jan Brewer has appointed Alan
Everett, Director of the Arizona Department of Liquor Licenses and
Control.
Everett is a former mayor of Sedona. He succeeds Jerry Oliver, who
retired earlier this month.
The APA congratulates Mr. Everett on his appointment.
Arizona to be sued by Federal Government
regarding SB 1070
The following remarks were said by Secretary of
State Hillary Clinton today:
“QUESTION: Thank you very much. I would like to
start with the immigration debate in the United States. The recently
approved law in Arizona has presented sort of a difficult scenario
for the President Obama Administration. According to some polling,
half of the United States has approved this law and maybe other
states would like to implement it. How’s Obama Administration
dealing with this debate? Is the immigration law near reality?
SECRETARY CLINTON: Well, Andrea, first, let me
say how pleased I am that I have this chance to talk to you about
these and other important issues. President Obama has spoken out
against the law because he thinks that the federal government should
be determining immigration policy. And the Justice Department, under
his direction, will be bringing a lawsuit against the act. But the
more important commitment that President Obama has made is to try to
introduce and pass comprehensive immigration reform. That is what we
need. Everyone knows it, and the President is committed to doing
it.”
http://www.realclearpolitics.com
The association will have further comment on this
matter, out of respect for the court, until this matter is
adjudicated.”
Governor Jan Brewer Learns of President’s
Directive to Sue Arizona via Ecuadorean Television Interview.
Click here to read Governor Brewer's
Press Release >>>
APA Meets with U.S. Attorney General Eric
Holder
APA Executive Director Brian Livingston along
with Phoenix Law Enforcement Association executive board members
Mark Spencer, Joe Clure and PLEA lobbyist and consultant Dr. Levi
Bolton met with U.S. Attorney General Eric Holder on Tuesday in
Washington D.C. This meeting was requested by PLEA and the APA. The
meeting with Mr. Holder and other administration invitees was held
to discuss SB 1070 and the history and relationship both
associations had with the bill’s origination and passage.
“Mr. Holder expressed interest in the information provided by the
APA and PLEA. He also stated clearly that the Obama Administration
had not yet formulated a final position on SB 1070,” says the
Executive Director of the APA. The discussion was reportedly “frank
and to the point” on the requirements of SB 1070 and the
disinformation being disseminated by various groups and factions
opposed to the bill and the potential national ramifications with
the bill’s passage and adoption. APA and PLEA representatives also
expressed their support for Governor Brewer and her continued
efforts to secure the state’s border with Mexico. In final comments,
the APA Executive Director expressed deep safety concerns for the
U.S. Border Patrol officers serving along the international border.
The APA wishes to thank Mr. Holder for agreeing to meet with our
association and we look forward to future conversations with members
of President Obama’s administration.
 PLEA and APA to Meet with US Attorney GeneralThe National Association of Police Organizations (NAPO) is facilitating a meeting between PLEA and the APA with the US Attorney General on Tuesday June 8, 2010 in Washington DC. The AG deserves an honest law enforcement assessment from police officers concerning SB1070. PLEA and the APA believe it’s important to communicate the needs and concerns of front-line Arizona rank-and-file officers and the tools that SB1070 provides. SB1070 has been successfully test-driven for the past two years in Phoenix through the Department’s modified immigration policy. The Phoenix immigration policy allows a discretionary, proactive partnership with ICE in dealing with the crime of illegal immigration and mirrors the intent of SB1070. Over the past two years implementation of the new immigration policy has resulted in crime plummeting along with over 3000 deportations without any additional costs, any additional crimes, any drain on manpower, and without a single civil rights, biased policing, or racial profiling complaint.
It should be interesting to note, that in order for four PLEA and APA law enforcement representatives to meet with the US Attorney General, the following instructions have to be complied with: “THIS PART IS IMPORTANT, DOJ WILL NEED ASAP FOR ALL FOUR OF YOU THE FOLLOWING (1) FULL NAME; (2) DATE OF BIRTH; (3) SOCIAL SECURITY NUMBER; (4) PLACE OF BIRTH; (5) CITIZENSHIP”
Listen Now! to an audio clip from the Mike Broomhead show talking about the irony of US police officers having to prove citizenship prior to meeting with the Attorney General.
The APA is urging everyone to look at the back page of today's
Arizona Republic business section. You will see a half page
advertisement from the Sonora Mexico Tourism Bureau which states "In
Sonoran we are looking for People from Arizona" (attachment above).
Please notice that the individual is wearing military type fatigues,
is hiding in bushes or shrubbery and holding binoculars! The
implication of this advertisement is obvious! I have been in contact
with several legal and professional people and they all see the
advertisement in the same manner.
I am especially concerned for our Border Patrol officers and
southern Arizona police officers. Such a declaration by a foreign
government element should heighten their awareness and safety
precautions.
I am even more concerned that such an ad was approved by an Arizona newspaper.
Brian L. Livingston
Executive Director, Arizona Police Association
Teen sentenced to 40 years in prison for murder of US Border
Patrol agent east of San Diego
04-29-2010 01:38 PM MST |By ELLIOT SPAGAT, Associated Press
Writer
 FILE
- This undated file image provided by the U.S. Border Patrol shows
agent Robert Wimer Rosas, who was shot and killed while patrolling
Thursday July 23, 2009 in southeastern San Diego County. Christian
Daniel Castro Alvarez faces a maximum sentence of life in prison
when he is sentenced for killing Rosas. (AP Photo/US Border Patrol,
File)
SAN DIEGO (Associated Press) --
A 17-year-old Mexican youth was sentenced Thursday to 40 years in
prison for the murder of a U.S. Border Patrol agent who was shot
repeatedly during a robbery attempt.
Christian Daniel Castro Alvarez sat silently with his head down
throughout the sentencing by U.S. District Judge M. James Lorenz in
San Diego.
Castro pleaded guilty in November to murdering a federal officer
near Campo, a mountainous area about 60 miles east of San Diego. He
told authorities that he and others were attempting to rob the
agent, Robert Rosas.
The sentencing came as a furious debate rages around the nation on a
new Arizona law that requires local and state law enforcement
officers to question people about their immigration statuses if
there's reason to suspect they're in the country illegally
The courtroom was packed with uniformed Border Patrol agents as the
judge read a letter written by the defendant apologizing to the
family of the 30-year-old Rosas.
Rosas was shot several times in the head, from behind and while
lying on the ground. Castro's attorney had argued that two
accomplices now in Mexico fired the fatal shots.
Castro told authorities the killing occurred during the attempted
robbery he was forced to commit under threat of death.
A probation officer had urged a life sentence for Castro. Federal
guidelines call for a minimum sentence of 30 years.
Rosas was the first Border Patrol agent to be killed by gunfire
since 1998, according to The Officer Down Memorial Page, a website
that tracks death of law enforcement officers.
U.S. authorities say Castro acted with others but have not said how
many or announced arrests. The suspects are believed to have fled
back to Mexico through a small crevice under a border fence made of
corrugated metal, sparking a massive search on both sides of the
border.
Castro surrendered to authorities at a San Diego border crossing
last August, less than a month after Rosas died on the night of July
23, but his capture was not announced until he pleaded guilty three
months later. He was charged as an adult.
Castro confessed that he and others lured Rosas out of his Border
Patrol vehicle by leaving footprints on a dirt road, shaking bushes
and making noises, according to prosecutors. Rosas, who was
patrolling alone, was ambushed and stripped of his gun about 100
yards from the border.
Castro, who was 16 at the time, told authorities he was holding
Rosas at gunpoint when the agent reached for Castro's firearm.
Castro shot once and shouted for help to his collaborators, who were
walking toward Rosas' vehicle. They opened fire.
Castro said one of his collaborators shot him in the hand, leaving a
trail of blood back to Mexico. Castro's DNA matched the blood.
Like many people raised in California's Imperial Valley along the
Mexico border, Rosas found a career in law enforcement. He was a
state prison guard for six years before joining the Border Patrol in
2006.
He was survived by his wife, Rosalie, and two young children.
Prosecutors wrote the judge last week that the children run to the
front door calling "Papa" when a car pulls up to the house.
The Hypocrisy of California Politicians
Several California City mayors have condemned and pushed through
business boycotts of Arizona because of the recent passage of SB
1070. What these politicians are not telling you is California
already has an immigration law similar to Arizona’s SB 1070 on their
books. Once again, we see politicians who wish to make headlines
instead of telling the truth to their constituents.
Click here to see a copy of the California Law.
Click here to read Washington Times
Calif. penal code 834b not
enforceable, but fed law covers immigration inquiries
National Reliable News Stations Get It. Why Can't Ours?
Channel 2 Investigates U.S. Border Security Part 1 - Video -
WSB Atlanta
Channel 2 Investigates U.S. Border Security Part 2 - Video -
WSB Atlanta
Some APA associations work with NAPO (The National
Association of Police Organizations) to develop strategies and
agendas related to national issues. The APA shares the below
information with all of our members and friends for their
edification.
NAPO Meets with White House and DHS to Discuss Immigration Reform
WASHINGTON, D.C.: On January 8, 2010, NAPO
met at the White House with staff from the Office of the President,
the Office of the Vice President and the Office of the Secretary of
Homeland Security to discuss our concerns with current immigration
policy and our suggestions on how to reform those policies. NAPO
discussed the importance of securing the border, the need for
federal support of state and local law enforcement along our
nation’s borders, and the necessity of information and intelligence
sharing between federal, state and local law enforcement.
Specifically, NAPO recommended additional
training on federal immigration laws for state and local law
enforcement, as well as the Department of Homeland Security
providing more resources to educate law enforcement on immigration
policies and procedures. NAPO also suggested that Immigration and
Customs Enforcement (ICE) reach out to agencies and communities and
make them aware of its presence and services. Improving the
relationship between ICE and state and local law enforcement
agencies is vital to protecting our communities from criminal
aliens. Communication and cooperation are essential and NAPO firmly
believes that the 287(g) program plays a major role in improving the
relationship. NAPO advocated for the 287(g) program and we voiced
our support for expanding the program in order to augment the ICE’s
limited resources.
This meeting was a continuation of the
conversation between NAPO and the administration about immigration
reform. The next step is working with Senators Charles Schumer
(D-NY) and Lindsey Graham (R-SC) on an immigration reform bill to be
introduced this year. NAPO continues to push for stronger
immigration enforcement policies as the administration and lawmakers
move forward with immigration reform.
APA members support Governor's
Action on SB 1070 during signing announcement
|
On
3/29/2010 a Border Patrol Agent responded to a narcotic traffic
call-out by ground units. The agent encountered a load vehicle going
south. The load vehicle was driven into a river. As the agent
approached in his marked vehicle, 20 subjects ambushed him throwing
rocks and various objects (including the wheel from a motorcycle).
The agent’s window was down and he was struck in the face by a
cement rock. The passenger window was shattered and the rear window
was completely smashed out by the motorcycle wheel. After being
struck, the agent was able to drive away to safety. The agent
received lacerations and a fractured face. 383 pounds of marijuana
was recovered from the load vehicle.
