L.A. Times Article Orange Co. Register Article
Barbara Coe, Hal Netkin, Howard Garber, Ezola Foster, Harald Martin (Anaheim police officer), and many other opponents also addressed the council, as well as reconquistas Amin David (Los Amigos de Orange County) and Zeke Hernandez (LULAC). December 4, 2001
Anaheim City Council Informed:
Acceptance of Mexican ID's is illegal
Mayor Tom Daly, Center
GLENN SPENCER'S STATEMENT BEFORE THE ANAHEIM CITY COUNCIL
Statement by Glenn Spencer
Anaheim City Council Meeting
December 4, 2001
Subject: Acceptance of Mexican ID Cards
Members of the Anaheim City Council:
President Reagan said a nation without borders is not a nation. Illegal immigration is a crime, made so by the Congress of the United States and reaffirmed as recently as 1996. The overwhelming majority of Americans want our immigration laws enforced. Since the attacks by alien terrorists on September 11, protection against illegal immigration has returned to the top of America's national security agenda.
Recent U.S. Appeals Court decisions have affirmed the responsibility of local police agencies to enforce U.S. immigration laws without prior approval by the Department of Justice. In 1994, the people of California voted to require cooperation between local law enforcement and the federal INS, adding Section 134b to the California Penal Code.
It has been reported that the chief of police of Anaheim has agreed to accept cards issued by the Mexican government as valid for identification purposes. Anaheim claims it has no indication of the immigration status of persons stopped by its law enforcement officers. This is wrong on its face. Without a second document showing legal admission to the United States, presentation of a Mexican consular matricular card is only a claim that the bearer is an alien national, and as such is a clear and reasonable indicator that the bearer is in violation of U.S. immigration law.
This is because federal law requires all aliens in the United States more than 30 days to carry on their person at all times a certificate of registration document that is their legal evidence of lawful admission to the United States. (INA 261, 262,265,266.)
Acceptance of Mexican ID cards, is a clear statement by the Anaheim Police Department that it will ignore U.S. immigration laws, to the discriminatory benefit of Mexican nationals in its jurisdiction. This action constitutes "passive resistance" in order to frustrate the constitutional protections of federal supremacy and equal protection of the laws. Federal courts have held that such passive resistance is unlawful, since it would force federal officials to resort to legal processes in every routine or trivial matter, a practical impossibility. The proposed policy by the City of Anaheim to passively resist enforcement of federal immigration laws is identical to, and as unlawful as the passive resistance to the school desegregation prohibited in Brown vs. Board of Education and its hundreds of successor decisions in federal and California courts.
The bottom line is this: Acceptance of Mexican IDs violates federal law, including the following:
Section 434 of PRWORA - "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996," (P.L. No. 104-193, 110 Stat.2105, 1996), and Section 642 of the IIRAIRA "Illegal Immigration Reform Act and Immigrant Responsibility Act" (P.L. No. 104-208, 110 Stat. 3009, 1996), which prohibit local government actions constituting a program of "passive resistance" to federal immigration law
Committing, or conspiring to commit, a felony by violating INA 274a (Immigration and Nationality Act), which outlaws harboring and conspiracy to harbor illegal aliens, as the police would be acting "in reckless disregard of the alien's illegal status." These unlawful acts would also constitute a racketeering violation under 18 USC 1961 et seq.
Anaheim will be violating 14th Amendment constitutional guarantees of equal protection by assisting persons to evade and violate federal law on the basis of national origin, and alienage, and subject to the civil rights sanctions of 18 USC 1983.
Anaheim will be in violation of the constitutional protections afforded US citizens by the Supremacy Clause (Art.6 Cl 2).
The people of the United States and the People of the State of California have spoken on the matter of illegal immigration law enforcement. The City of Anaheim has no option to choose lawless defiance.
Glenn Spencer American Patrol
13547 Ventura Blvd., Suite 163
Sherman Oaks, CA 91423