Russell Pearce

I knew Arizona’s SB 1070 would be controversial when I introduced it, but I did not expect the national immigration debate to revolve around a state law.

While the anti-American open borders Left attack me and the law as “racist,” “nativist” and their other empty smear words, the vast majority of the people of Arizona and America support the law.

Naturally, politicians of both parties on the state and local level are trying to jump on the bandwagon as the election approaches.

On the state level, dozens of gubernatorial and attorney general candidates are campaigning to enact SB 1070 style legislation. Even Democrats like Georgia’s Roy Barnes say they’d sign such a bill. Of course a politician’s promise isn’t worth the paper it’s written on.

Even if they would in fact sign the bill, they must also pledge to fight the Obama administration and its far left buddies like the ACLU and Mexican American Legal Defense Fund who are sure to file lawsuits and do whatever they can to block implementation of the law.

On the federal level, just saying “I support SB 1070” is even emptier without any commitment to fight the open borders agenda of the Obama administration and the courts.

Any Senate candidate who supports SB 1070 needs to guarantee that they will vote against any activist judge. Any RINO who voted for a board member of “LatinoJustice” (which filed an amicus brief against SB 1070) like Sonia Sotomayor knew how she would vote on immigration cases.

Additionally there is legislation that can affect the legal challenges against SB 1070.

Sen. Robert Menendez’s Comprehensive Immigration Reform Act of 2010 would try to nullify every single state and local law that fights illegal immigration. Congressman Luis Gutierrez’s CIR ASAP Act with over 100 Democratic co-sponsors does the same thing.

Menendez’s bill also restricts the 287(g) program to allow state and local law enforcement to enter into formal agreements with federal immigration authorities to fight illegal immigration. Gutierrez’s bill completely repeals it.

287(g) is a useful program, but it is unfortunately viewed by many as a permission slip that must be granted by the federal government to allow states and localities to enforce immigration law. Former INS Commissioners Doris Meissner and James W. Ziglar wrote an Op Ed in the Washington Post claiming that SB 1070 is unconstitutional because it goes beyond what is permitted by 287(g).

Obama and Janet Napolitano restricted the agreement so that it can only be used to enforce the law against illegal aliens who also commit other crimes, and unfortunately many local law enforcement agencies stopped pursuing the law.

Russell Pearce

Russell Pearce served as President of the Arizona State Senate where he authored SB 1070. He is currently president of Ban Amnesty Now.