The 'Friends of Marcia Powell' are autonomous groups and individuals engaging in prisoner outreach, informal advocacy, and organized protest and direct actions in a sustained campaign to: promote prisoner rights and welfare in America; engage the Arizona public in a creative and thoughtful critique of our system of "justice;” deconstruct the prison industrial complex; and dismantle this racist, classist patriarchy...

Retiring "Free Marcia Powell"

As of December 2, 2010 (with occasional exceptions) I'm retiring this blog to direct more of my time and energy into prisoner rights and my other blogs; I just can't do anyone justice when spread so thin. I'll keep the site open so folks can search the archives and use the links, but won't be updating it with new posts. If you're looking for the latest, try Arizona Prison Watch. Most of the pieces posted here were cross-posted to one or both of those sites already.

Thanks for visiting. Peace out - Peg.

Saturday, April 10, 2010

Racist, Fascist SB 1070 "Illegal is not a race..."

If that's true, I must be lost. I thought this was Arizona.

Here's the latest Pearce Alert on his racist, fascist legislation, SB 1070...Be there or otherwise lift your voice by Tuesday, April 13 to register your resistance to this repulsive effort to trump local sovereignty and communities trying to prioritize their law enforcement resources without Pearce's interference...this thing has implications for all of us - citizens, too.

Pearce et al are not representing a LOT of us in Arizona these days...we are not all fascists and racists.

-------------------------------------from www.russellpearce.com -----------------------
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Hello ,

SB1070 Will be heard in the Arizona House of Representatives Tuesday afternoon, April 13th.
This is the best and most comprehensive immigration enforcement bill in the nation.  I would appreciate it if you would send this to your list. This is an important bill. I need calls and e-mails. I have a firm commitment from the Speaker to have the bill 3rd read next Tuesday.  I need to make sure our Republicans stay firm for the rule of law.    Illegal is not a race, it is a crime.   Next Tuesday, I also will be holding a Press Conference at noon and an all afternoon hearing on border violence along with Ranchers and Farmers from the border and the cost of our open border to citizens. 
 
Please email support to the House of Representative for SB 1070; it should be up for 3rd and final reading next Tuesday.
SB 1070       immigration; law enforcement; safe neighborhoods
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Purpose: Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws.  Establishes crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties.
Enforcement of Immigration Law
·          Prohibits officials and agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.
·          Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.
·          Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.
·          Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.
·          Specifies that a person is presumed to be lawfully present if the person provides any of the following:
Ø        A valid Arizona driver license.
Ø        A valid Arizona non-operating identification license.
Ø        A tribal enrollment card or other form of tribal identification.
Ø        A valid federal, state or local government issued identification.
·          Requires that if a person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP). 
·          Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.
·          Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:
Ø        Determination of eligibility for any public benefit, service or license. 
Ø        Verification of any claim of legal domicile if legal domicile is required by law or judicial order.
Ø        If the person is an alien, determination of the person’s compliance with federal registration laws.
Ø        Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.
·          Allows a person to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.
·          Allows the court to order any of the following, if there is a judicial finding of a violation:
Ø        That the person who brought the action recover court costs and attorney fees.
Ø        That the entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions. 
·          States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.
·          Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.
·          Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.

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