THE ISSUE: A badly flawed Federal immigration policy has led to the deaths of many would-be Americans in the Arizona deserts, trespass onto private property and state preserve lands, and forced Arizona citizens to shoulder both the humanitarian and financial cost of nominally “closed,” but actually open and unregulated borders. The job of protecting private property is not being done by either state or federal government which claims the authority and responsibility to do so, yet when private citizens attempt to protect their own land, they are branded as vigilantes and criminals.
Additionally, the non-status of illegal immigrants results, not only in their de facto denial of equal protection under law, but also results in the inability of hospitals and other providers of mandated public services to collect payment from these individuals, resulting in the closing or bankruptcy of hospitals and hospital units near the border.
Finally Border Patrol has gone to such extremes in its efforts as to shred the constitutionally guaranteed rights of Arizona citizens, with internal checkpoints and other tactics executed in almost paramilitary fashion, resulting in the erosion of the ability of Arizona citizens to travel freely in their own state without being subject to search or showing identification.
THE PRINCIPLE: Protection of private property is one of the fundamental jobs of government, and, failing federal action, the State of Arizona should provide that protection to its citizens and their businesses. But at the most fundamental level, citizens must always have the right to protect their private property. Federal or state employees must not violate the law or the Constitution in the enforcement of either.
All persons within the territory of the United States, whether citizens or illegal aliens, are not only entitled to due process of law, but must be held accountable to the law.
SOLUTIONS: Ultimately border issues will only cease when a truly viable immigration policy is implemented. Foreign nationals will cease to trespass on private land when they may enter at recognized entry points without fear or threat of reprisal. Hospitals and other businesses will not suffer insolvency when entry includes a process of documentation that enables the same legal accountability that citizens already bear. Border Patrol will cease eroding the Constitution when they no longer have illegal activity to pursue and when their improper actions are punished rather than condoned.
TRANSITIONS: Stop the prosecution of private citizens who have taken up the job of private property protection that government has forsaken. We propose changes to state legislation requiring anyone receiving mandated services from a hospital be required to provide identification sufficient for the hospital to be guaranteed access to them in the courts for payment, and to allow hospitals and other service providers to refuse services to those who will not provide such identification. We propose also that constituency groups accept responsibility and create a fund to pay those debts of illegal aliens receiving such services who are unable to pay; we propose the establishment of a tax deduction or credit for donations made to such organizations and funds.
We advocate the establishment of a state level program that includes documentation enabling due process and legal responsibility and accountability.
Remove the immunity from prosecution for violation of state or federal constitutionally guaranteed rights which Border Patrol currently enjoys, and punish severely those individuals who use their position of authority improperly.
I’ll be publishing my position statement on SB1070 this afternoon or tomorrow morning to explain why Libertarians oppose this political nonsense. It will outline why we are totally against amnesty of any kind, why the Depression has made the issue moot (pretty much) and how we can inexpensively stop all illegal border crossing.
For those of you that are of the Libertarian party, let me direct you to a book written by your VP Nominie in 2008, Wayne Allen Root. I think we can assume that since Wayne made it to the number two slot, it stands to reason that the majority of the Libertarian party agrees with his position on illegal immigration. After reading Waynes book” The Conscience of a Libertarian” I knew I had found a political home.
Barry Hess counters, in the same comment referenced above,
Anyone who thinks Wayne Root has a clue as to what it means to be Libertarian is a fool.
Wayne Root is currently a candidate for Libertarian National Committee chair. Hess and Olsen are both running for the Arizona Libertarian nomination for Governor, although only Hess is listed on the state and national LP websites.