Controlling Citizens, Not Borders

He also said to the crowds, "When you see a cloud rising in the west, you say at once, 'A shower is coming.' And so it happens. And when you see the south wind blowing, you say, 'There will be scorching heat,' and it happens. You hypocrites! You know how to interpret the appearance of earth and sky, but why do you not know how to interpret the present time? Luke 12:54-56 ESV

Arizona Governor Jan Brewer (R) signed a controversial immigration bill (pdf) into law April 23, 2010. The surface debate publicized in the media was between those concerned about the harassment of legal immigrants versus those who want to “control our borders.” Two Arizona Congressmen protested the bill: Raul Grijalva (D) advocated an economic boycott of Arizona, and Ed Pastor (D) insisted the federal government boycott its immigration enforcement agreement with Arizona.[1a] The emotional debate distracts Americans from the deeper issue threatening the freedom of all—and that’s just what those in power want.

All the noise about illegal immigration and the need for the federal government to do something about our borders is designed to keep you distracted from what’s really happening. State actions to “control our borders” and “keep us safe” are part of a long term plan to control everyone inside those borders.

Your Papers Please

Arizona and California already have in-state roadblocks (video). Air travelers throughout the US already are subject to indiscriminate and virtual strip searches. Just as “protection” against terrorists in air travel has resulted in herds of Americans all but mooing as they move unshodden through security checkpoints, the Arizona legislation to protect Arizonans from illegal immigrants is another step to condition us to accept more state control of the “unruly masses.”

The recent Arizona immigration act lets police check the citizenship status of suspected illegal immigrants. Not publicized are the implications for citizens: the need to carry proof of citizenship and the power of police to stop you to check your papers. How do police know you are a citizen if you don’t carry papers?

R or D, State or Fed, They Work Together (and not for you)

During the debate about the immigration bill, lots of noise was also heard about states’ rights. And it was all just noise. Article 8.F of the bill reveals the true goal of the new law: sharing private information of individual citizens with the federal government.[1] Arizona Governor Brewer, protector of the border, is also a “grateful” member of Council of Governors staffed by President Obama’s (D) January 11, 2010 executive order “to strengthen further the partnership between the Federal Government and State Governments to protect our Nation against all types of hazards.”[2]

The Arizona state version of border control goes hand in hand with the federal plan for a national ID card:

• In 2005, the Bush (R) administration gave us the REAL ID Act, which set federal standards for state-issued driver’s licenses to create a National identity card. States have dragged their feet on implementing the plan only because they want the federal government to pay for it.
• In 2007, the DHS and the State department issued a joint ruling called the “Western Hemisphere Travel Initiative,” outlining the plan for machine-readable state driver’s licenses as a national ID.[3]
• Now US Senators Lindsey Graham (R) and Chuck Schumer (D) call for federal border control. Their plan “would require all U.S. citizens and legal immigrants who want jobs” to carry “biometric Social Security cards.”

If Graham and Schumer get their way, we’ll all be required to carry biometric identification (video). Free ride advocates Grijalva and Pastor don’t have to worry about police discrimination against Hispanics—it won’t be just immigrants required to show ID, soon we’ll all be stopped at roadblocks to show our state-issued national ID cards. Without them, we won’t be able to travel, work, or purchase firearms.[4]

Rev 13:15-17 And it was allowed to give breath to the image of the beast, so that the image of the beast might even speak and might cause those who would not worship the image of the beast to be slain.
Also it causes all, both small and great, both rich and poor, both free and slave, to be marked so that no one can buy or sell unless he has the mark, that is, the name of the beast or the number of its name.

__________________________

[1a] "Congressman Luis Gutierrez Blames Obama Administration for SB 1070 at Arizona Capitol Rally," By Stephen Lemons, Apr. 25 2010, (Accessed at http://blogs.phoenixnewtimes.com/bastard/2010/04/luis_gutierrez_denounces_obama.php on April 26, 2010).

"Pastor repeated this demand, and insisted that the Obama administration suspend all 287(g) agreements and deportations in Arizona until the legislation is enjoined."

The US Immigration and Customs Enforcement site lists several Arizona government entities party to 287(g) agreements.

[1] “Oppose the Revised SB1070 on National ID Concerns,” Posted by Jeff Greenspan on 03/30/10, (Accessed at http://www.campaignforliberty.com/blog.php?view=34152 on April 25, 2010).

This post identifies the offending section as paragraph E, which changed in the final bill to paragraph F:

S.B. 1070

F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:

1 1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE
2 PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS
3 STATE.
4 2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF
5 RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL
6 ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
7 3. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
8 4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
9 COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER
10 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.

[2] “Gov. Jan Brewer to serve as Federal Council of Governors member,” Published: February 10, 2010, Coolidge Examiner, (Accessed at http://www.trivalleycentral.com/articles/2010/02/10/coolidge_examiner/top_stories/doc4b71c3c51d62d056256015.txt on April 25, 2010).

“I am grateful for the opportunity the President of the United States has provided me to serve as a member of the Council of Governors,” said Brewer. “I am honored to serve in a bi-partisan effort on a subject that is at the heart of the role of government — the security and defense of our nation.
“This subject is of great interest to all Americans, and I am pleased the President has recognized the role of governors. I am grateful that the invitation to governors is almost assuredly a sign of interest in balancing federal authority with the rights of states, exclusively reserved in the 10th Amendment to the United States Constitution.
“I want to be a voice for matters of vital importance to states, such as border security, that are clearly the responsibility of the federal government,” she said.

[3] “Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry from within the Western Hemisphere,” U.S. Customs and Border Protection, Department of Homeland Security;
Bureau of Consular Affairs, Department of State, USCBP 2007-0061, (Accessed at http://www.dhs.gov/xlibrary/assets/whti_landseafinalrule.pdf on April 25, 2010).

DEPARTMENT OF HOMELAND SECURITY
BUREAU OF CUSTOMS AND BORDER PROTECTION
USCBP 2007-0061
RIN 1651-AA69
8 CFR Parts 212 and 235
DEPARTMENT OF STATE
22 CFR Parts 41 and 53
Documents Required for Travelers Departing From or Arriving in the United States
at Sea and Land Ports-of-Entry from within the Western Hemisphere

SUMMARY: This rule finalizes the second phase of a joint Department of Homeland Security and Department of State plan, known as the Western Hemisphere Travel Initiative, to implement new documentation requirements for U.S. citizens and certain nonimmigrant aliens entering the United States. This final rule details the documents U.S. citizens' and nonimmigrant citizens of Canada, Bermuda, and Mexico will be required to present when entering the United States from within the Western Hemisphere at sea and land ports-of-entry.
DATES: This final rule is effective on June 1,2009.

For the document requirements which went into effect on January 3 1,2008, please see the Notice "Oral
Declarations No Longer Satisfactory as Evidence of Citizenship and Identity" which was published in the Federal Register on December 2 1,2007, at 72 FR 72744.

From pp 10-11:

5. Other Relevant legislation
On August 4,2007, the President signed into law the Implementing Recommendations of the 911 Commission Act of 2007 (911 Commission Act of 2007).18 Section 723 of the 9/11 Commission Act of 2007 called on the Secretary of Homeland Security to begin to develop pilot programs with states to develop state-issued secure documents that would denote identity and citizenship. Section 724 of the 9/11
Commission Act of 2007 called on the Secretary of State to examine the feasibility of lowering the execution fee for the proposed passport card.

From p 14:

8. State Enhanced Driver's License Projects.

Certify to agreement for at least one voluntary program with a state to test a state-issued enhanced driver's license and identification document.
On March 23,2007, the Secretary of Homeland Security and the Governor of Washington signed a Memorandum of Agreement to develop, issue, test, and evaluate an enhanced driver's license and identification card with facilitative technology to be used for border crossing purposes. On September 26,2007, the Secretary of Homeland Security and the Governor of Vermont signed a similar Memorandum of Agreement for an enhanced driver's license and identification card to be used for border crossing
purposes; on October 27,2007, the Secretary and the Governor of New York also signed a Memorandum of Agreement. On December 6,2007, the Secretary of Homeland Security and the Governor of Arizona also signed a similar Memorandum of Agreement to develop, issue, test, and evaluate an enhanced driver's license and identification card. The Departments have worked very closely to update the appropriate
congressional committees on the status of these certifications and will continue to do so until final certifications are made. DOS and DHS believe that these certifications will be made well in advance of the June 1,2009, deadline for implementation. In the unlikely event that the Departments are unable to complete all the necessary certifications by June 1,2009, the Departments will provide notice to the public and amend the date(s) for compliance with the document requirements for land and sea border crossings as necessary.

From pp 48-50:

5. State Enhanced Driver's License Projects
Comment: DHS and DOS received two comments to the Air and Sea NPRM stating that the best solution to increasing security at our borders is one that incorporates improved technology in existing documentation, such as a driver's license. Thirty commenters to the Land and Sea NPRM stated that WHTI should not be implemented until all state or provincial enhanced driver's license pilot programs are in place. Six Canadian provinces urged DHS to explicitly recognize their proposed enhanced driver's license in the final rule. Twelve commenters supported proposed state pilot programs. One hundred-eight commenters recommended that DHS recognize an enhanced driver's license denoting identity and citizenship for entry by both Canadian and American citizens. One commenter stated that programs for producing an enhanced driver's license need more time for development and distribution prior to the summer of 2008. Eleven commenters recommended completing an enhanced driver's license pilot project prior to implementation of WHTI. Fifty-six commenters to the Land and Sea NPRM requested
financial and technical assistance from the Federal government so that states could produce enhanced driver's licenses.
Response: DHS encourages U.S. states and Canadian provinces acting through the Canadian Government to undertake enhanced driver's license projects. In a separate notice published concurrently in the Federal Register with this final rule, DHS will designate the Washington State enhanced driver's license as acceptable and notes that additional such documents will be added by notice. DHS will consider documents such as U.S. state and Canadian provincial enhanced driver's licenses that satisfy the WHTI
requirements by denoting identity and citizenship undertaken pursuant to agreements with DHS. These documents also will have compatible facilitative technology and must meet minimum standards of issuance to meet CBP's operational needs. As noted above, the State of Washington has begun a voluntary program to develop an enhanced driver's license and identification card that would denote identity and citizenship. On March 23, 2007, the Secretary of Homeland Security and the Governor of Washington signed a Memorandum of Agreement to develop, issue, test, and evaluate an enhanced driver's
license and identification card with facilitative technology to be used for border crossing purposes. Under this final rule, U.S. citizens arriving from contiguous territory and adjacent islands may present the enhanced driver's license and identification card issued by the State of Washington at land and sea ports-of-entry. To establish an EDL program, each entity individually enters into agreement with DHS based on specific factors such as the entity's level of interest, funding, technology, and other development and implementation factors. As each EDL program is specific to each entity, DHS does not intend to delay the implementation of WHTI until all potential state and provincial enhanced driver's license projects are operational. However, DHS will continue to welcome states and provinces interested in implementing EDL
programs- even those that start after WHTI implementation.
Comment: Two commenters recommended a meeting with all state driver's license directors by January 2008 before the completion of the Washington State pilot program.
Response: DHS appreciates this comment and remains committed to working on a continuing basis with and coordinating efforts among states interested in developing, testing, and implementing pilot programs for enhanced driver's licenses. DHS encourages states interested in developing enhanced driver's licenses to work closely with DHS to that end.

From pp 51-52:

7. REAL ID Driver's Licenses
Comment: Four commenters to the Land and Sea NPRM asked for clarification whether enhanced driver's licenses issued as part of a state pilot program under WHTI would comply with the REAL ID requirements as well. Two commenters cautioned against the action of implementing WHTI using the requirements of REAL ID due to concerns regarding privacy, costs, a complicated verification system, and the issues of
federalism. One commenter stated that DHS must definitively declare that WHTI compliant driver's licenses meet the improved driver's license requirements of the REAL ID Act.
Response: DHS has worked to align REAL ID and EDL requirements. EDLs are being developed consistent with the requirements of REAL ID and, as such, can be used for official purposes such as accessing a Federal facility, boarding Federally-regulated commercial aircraft, and entering nuclear power plants. While the REAL ID requirements include proof of legal status in the US., the EDL will require that the cardholder be a U.S. citizen. In addition, the EDL will also include technologies that facilitate electronic verification and travel at ports-of-entry. DHS is extremely cognizant of the need to protect privacy, and as such institutes best practices with regard to the collection and use of personal data for all of its programs.

From pp 86-88:

D. State Enhanced Driver's License Projects
DHS remains committed to considering travel documents developed by the various U.S. states and the Governments of Canada and Mexico in the future that would denote identity and citizenship and would also satisfy section 7209 of IRTPA, as amended by section 723 of the 911 1 Commission Act of 2007.

Under this final rule, DHS will consider as appropriate documents such as state driver's licenses and identification cards that satisfy the WHTI requirements by denoting identity and citizenship. These documents must also have compatible technology, security criteria, and must respond to CBP's operational concerns.

Such acceptable documents will be announced and updated by publishing a notice in the Federal Register. A list of such programs and documents will also be maintained on the CBP website. It is still anticipated that the Secretary of Homeland Security will designate documents that satisfy section 7209 and the technology, security, and operational concerns discussed above as documents acceptable for travel under section 7209.
To date, DHS has entered into formal Memoranda of Agreement (MOAs) with the States of Washington, Vermont, New York, and Arizona which have begun voluntary programs to develop an "enhanced driver's license" and identification card that would denote identity and citizenship.44 Concurrent with this final rule, DHS is also publishing a separate notice in today's Federal Register wherein the Secretary of Homeland Security is designating that the State of Washington enhanced driver's license document
is secure. Therefore, U.S. citizens may present the enhanced driver's licenses and identification cards issued by the State of Washington pursuant to the MOA at land and sea ports-of-entry when arriving from contiguous territory and adjacent islands.

DHS is continuing discussions on the development of enhanced driver's license projects with several other states and the Government of Canada. CBSA and several Canadian provinces are planning and developing EDL projects. DHS remains committed to working with and coordinating efforts among states interested in developing, testing, and implementing programs for enhanced driver's licenses on a continuing basis. DHS encourages states interested in developing enhanced driver's licenses to work closely with DHS to that end.

On January 28,2008, DHS published a final rule in the Federal Register concerning minimum standards for state-issued driver's licenses and identification cards that can be accepted for official purposes in accordance with the REAL ID Act of 2005.45 DHS has worked to align REAL ID and EDL requirements. EDLs are being developed consistent with the requirements of REAL ID and, as such, can be used for official
purposes such as accessing a Federal facility, boarding Federally-regulated commercial aircraft, and entering nuclear power plants The enhanced driver's license will also include technologies that facilitate electronic verification and travel at ports-of-entry. While the proposed REAL ID requirements include proof of legal status in the U.S., the enhanced driver's license will require that the card holder be a U.S. citizen.

___________________________________________

44 On September 26,2007, the Secretary of Homeland Security and the Governor of Vermont signed a
similar Memorandum of Agreement for an enhanced driver's license and identification card to be used for
border crossing purposes; on October 27,2007, the Secretary and the Governor of New York also signed a
similar Memorandum of Agreement. The state of Arizona has also announced its intention to sign an MOA
with DHS to begin an enhanced driver's license project. For more information on these projects, see
www.dhs.gov.
45 The REAL ID Act of 2005 prohibits Federal agencies, effective May I 1,2008, from accepting a driver's
license or personal identification card for any official purpose unless the license or card has been issued by a State that is meeting the requirements set forth in the Act. See Pub. L. 109-13m 119 Stat. 231,302 (May 1 I, 2005) (codified at 49 U.S.C. 30301 note). On March 9,2007, DHS issued a rule proposing to establish minimum standards for State-issued driver's licenses and identification cards that Federal agencies would accept for official purposes after May 1 1,2008. See 72 FR 10820.

[4] “Urgent Action Req: (Arizona) SB1070/HB2632. PLEASE READ,” Posted by Jeff Greenspan on 03/18/10, (Accessed at http://www.campaignforliberty.com/blog.php?view=33689 on April 25, 2010).

“They are ostensibly anti-illegal immigration bills. As such, there are good things in there such as elimination of sanctuary cities.

“However, these bills have a sneak provision in them that turns the Arizona Drivers License into a national id. Section 2. 11-1051, subsections F.1-3. specifically require that the state obtain prior clearance from the US Department of Homeland Security before you can obtain or renew your Drivers License. Additionally, it requires data exchange of your domicile information.

“This also creates a backdoor gun purchase registration capability.”

Technorati Tags: REAL ID,Border control,Illegal Immigrants

NOTE: Revised April 26, 2010 to clarify the type of boycott of Arizona called for by Ed Pastor. Inserted [1a].