Bulletin!!!

There is a proposed law going through the Arizona legislature right now that we thought everyone would like to know about. Arizona is the first state to try and put illegal immigration enforcement into the hands of local law enforcement.

As most of you are aware, illegal alien crime is skyrocketing. Young, angry men are streaming across the border illegally and are popping up everywhere in the country. Committing crimes and distributing massive amounts of illegal drugs.

This phenomenon has greatly complicated the security problems at your storage facility. Establishing positive identification of a renter is at the core of a good security policy. An illegal trying to rent space, with marginal, at best, identification is a real security and safety issue. In addition to the identification problem is the central issue of keeping illegal activities out of your storage facility.

You know the problems that proper screening can pose. There are laws against profiling and liability issues. There are invasion of privacy problems and the list goes on and on.

Arizona may be handing the industry a model law and tool that we should be able to use. Arizona is considering a law that will make trespassing by an illegal alien against the law, anywhere in the State of Arizona. In other words, if the law is enacted, it will be considered a misdemeanor for an illegal alien to BE IN the State of Arizona. They will be trespassing. This will give all facility managers a new tool that can enhance the security level of your facility. It appears you will be given the legal right to make sure someone isn’t trespassing. We will have to wait and see.

We contacted the Arizona Senate and asked for a layman’s explanation of this proposed law. Here is a copy of the correspondence we received from an Arizona State Senate research analyst a few days ago.
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Attention: The Safety Factor

Hi Thomas,

You asked for a factual summary of what SB 1070 (illegal immigration; enforcement; safe neighborhoods) does regarding trespassing. It establishes the crime of trespassing by illegal aliens. More specifically, the bill does the following:

Trespassing by Illegal Aliens

1. Specifies that, in addition to any violation of federal law, a person is guilty of trespassing if the person is:
a) present on any public or private land in the state and
b) is not carrying his or her alien registration card or has willfully failed to register.

2. Requires, in the enforcement of this statute, the final determination of an alien's immigration status to be determined by:
a) a law enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status or
b) a law enforcement officer or agency communicating with Immigration and Customs Enforcement (ICE) or the U.S. Border Protection.

3. Stipulates that a person is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.

4. Directs the person to pay jail costs and an additional assessment of at least $500 for the first violation or at least $1,000 for subsequent offenses.

5. Requires the court to collect and remit the assessments to DPS for the special GIITEM sub account.

6. Specifies that the trespassing statute does not apply to a person who maintains authorization from the federal government to remain in the U.S.

7. Classifies the violation as follows:
a) a class 3 felony if the person commits the violation while in possession of a dangerous drug, precursor chemicals used in the manufacturing of methamphetamine, a deadly weapon or dangerous instrument or property that is used for committing an act of terrorism;
b) a class 4 felony for a second or subsequent offense or if the person, within 60 months before the violation, accepted a voluntary removal from the U.S. or has been deported;
c) a class 1 misdemeanor in all other cases.


Senate Research Analyst
Public Safety & Human Services Committee
1700 W. Washington
Phoenix, AZ 85007

A word of caution.

According to the staff analyst, this proposed law demands a “breach of peace” crime before a citizen can make a citizens arrest. It has not been defined yet if “No Trespassing” meets that standard. It is always best to let the police do their job. We are not attorneys and can’t give advice.

If you agree with us that this approach may help the security situation at your facility, call your state Senator and Representative. Suggest they look into Arizona State proposed law SB 1170.

If you live in Arizona, please call your State Senator and voice your opinion this week. Whether you agree with us or not.

Thomas on Safety

You just gotta love Arizona....Sheriff Arpaio..."tent city", etc. And now a "No Trespassing" law for illegal aliens. I personally LOVE IT!! Gonna have to call Arnold here in CA and see why he didn't come up with this!!

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That would get rid of much of my business.......lol..........

As we understand the proposed law, it does not make drivers licenses, green papers or passport checks mandatory. It will, however, give those operators, who want to know who their customers are, another way to do so. It puts another tool in the proverbial "security toolbox".

This idea could spread like wildfire to other states.

But, then......Here comes the judge! (this bill or new law could end up in the Supreme court!)

fyi,
Thomas

Unfortunately, this thread was moved. Please go to the Arizona state section to voice your opinion.

The "No Trespassing" approach to our crime problem is so unique, we hope everyone hears about it. At thevery least, it's a new idea that all states should talk about. Good or Bad!

Someone from Texas already e-mailed us a link to this post. Spread the word and encourage that everyone voice their opinion. All state lawmakers need to hear from us on this issue. What is happening in your state?

Thomas Holm
The Safety Factor