AZMEX I3 22-4-12

AZMEX I3 22 APR 2012

Dever to High Court on SB 1070
Sun, 04/22/2012 - 12:03am

Cochise County Sheriff Larry Dever, listens to Lucinda Rossow,
shortly after the sheriff talked at a dinner of the Coronado Chapter
of the Military Officers Association of America Thursday night about
Arizona border issues and the upcoming oral arguments concerning
Arizona's immigration law, which will be heard by the U.S. Supreme
Court this week. Dever will be at the high court session on
Wednesday. (Bill Hess•Herald/Review)

BY BILL HESS
Herald/Review
http://www.svherald.com/content/news/2012/04/22/260489

Although some are tired of hearing about Arizona's border problems,
others are not.
That's how Cochise County Sheriff Larry Dever sees the issue, which
not only impacts Arizona but also far beyond the state.

The federal government's attack on Arizona's Senate Bill 1070 is just
an example of those in Washington, D.C., who are unaware of the
enormous problem illegal immigrants and drug cartels are causing
throughout the nation, Dever said.
Speaking to more than 40 people Thursday night at the monthly dinner
meeting of the Coronado Chapter of the Military Officers Association
of America, the sheriff said the federal government is also trying to
collapse Alabama's more stringent immigration law.
"The feds are more interested in hampering the states than doing
their jobs in securing the border," Dever said.
Not long ago, individuals from another southern state — North
Carolina — came to Cochise County to obtain firsthand knowledge of
what living along the border with Mexico is like, the sheriff said.
It wasn't a fast in-and-out tour, but rather people from North
Carolina lived with border residents to experience the lifestyle the
federal government's inaction has forced on Arizonans, Dever said.
The North Carolina group put together a 30-minute
documentary — of which he played about six minutes — showing how easy
it was to cross from Mexico into Cochise County, with some of the
people going over low fences — a little more than adult waist high —
into Mexico and easily coming back into the United States.
The visitors from North Carolina get it and those in Alabama get it,
as do other states, Dever said.
The question is why doesn't the federal government get it, he asked.
Alabama is under administrative threat from the Department of Justice
and the
Department of Homeland Security, Dever said.
The Civil Rights Division of the Department of Justice has threatened
law enforcement officials in Alabama with lawsuits, the sheriff said.
In the federal government's view, Alabama is entering into law
enforcement duties which is not the purview of the state — a similar
view against Arizona's SB 1070 — and if Alabama engages in
identifying and incarcerating illegal immigrants they are violating
the U.S Constitution, Dever said.
It's the same obtuse legal arguments the federal government has made
against Arizona, he said.
The only difference is SB 1070 has made its way to the U.S. Supreme
Court, where on Wednesday, Dever will hear the arguments, pro and
con, on the issue as part of the nine justices' decision-making process.
Dever's expenses to witness the oral arguments are being paid for by
the Legacy Foundation, a Phoenix organization which raised money to
help the sheriff and others fight the federal government on the
immigration
issue.
"The foundation raised $1 million," Dever said.
While he will not be able to make any verbal comments to the court,
the ultimate federal arbitrators have written arguments from him and
others as to why Arizona's law should stand.
Although Dever cannot speak to the high court members on Wednesday,
he will be talking to the press after the arguments are finished.
Usually, except in some circumstances, verbal arguments are limited
to one hour, but during that time Dever told the Herald/Review he
will be watching the faces of each justice and listening to their
questions to see if expressions or comments may give away how they
are leaning on the
issue.
He told the dinner audience the threat to Alabama was so bad, when
state officials requested clarification and special training as to
when they would be violating federal rules, the Department of
Homeland Security, headed by Arizona's former Gov. Janet Napolitano,
declined to respond.
What is happening is the federal government is telling Alabama
officials they could violate a federal law, but refuse to help the
state's law enforcement ensure they don't, Dever said.
During his speech, Dever reiterated many of the comments he has made
over the past few years, to include questioning the number of illegal
immigrants, saying the 11 million number has been used for years and
is too few, to re-emphasizing the deterioration of the quality of
life for border residents, to the increase in the drug trade along
the border, noting in the past those engaged in criminal acts —
smuggling illegal immigrants or drugs — seldom carried weapons but
now "they are all
armed."
Arizona, Alabama and other states' law enforcement officers, at all
levels, are being stymied by the federal government's "do it our way
or else," dictates, the Cochise County Sheriff
said.
The federal government has failed for years to secure and control the
border, and that has happened under Democrat and Republican
administrations, but still the big government, not those in the field
but their bosses, want to further hinder states from protecting their
citizens, Dever said.
"We are being handcuffed by the folks in Washington, D.C.," Dever said.