I have seen no verification that the private prisons intend to make money from inmate labor & the recent article claiming prison labor would displace more citizen jobs if illegals were jailed as a positive for amnesty was ridiculous. All anti-amnesty directives I have seen call for the illegals being deported back to their country of origin ASAP. How does this equate to available prison labor for private prisons?OK, let’s go look at the anti-immigrant law passed by Arizona.
It’s littered with “federal custody” and
“imprisoned not more than thirty days” and
“imprisoned not more than six months” and
“A person who is sentenced pursuant to this section is not eligible
for suspension or commutation of sentence or release on any basis until
the sentence imposed is served.”
and
“class 1 misdemeanor”
and
“class 3 felony”
and
“class 4 felony”
and
“twenty days in jail” and
“thirty days in jail”.
Arizona Revised Statutes Section 11-1051
D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who the agency has received verification is unlawfully present in the united states and who is in the agency’s custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. a law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.
13-1509. Trespassing by illegal aliens; assessment; exception; classification
A. In addition to any violation of federal law, a person is guilty of trespassing if the person is both:1. Present on any public or private land in this state.
2. In violation of 8 United States Code section 1304(e) [KEYTLaw Comment – Section 1304(e) states: “Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.”] or 1306(a). [KEYTLaw Comment – Section 1306(a) states: “Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.]
…
DC. A person who is sentenced pursuant to this section is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.
ED. In addition to any other penalty prescribed by law, the court shall order the person to pay jail.
…
G. A violation of this section is a class 1 misdemeanor, except that a violation of this section is:
1. A class 3 felony if the person violates this section while in possession of any of the following:
(a) A dangerous drug as defined in section 13-3401.
(b) Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
(c) A deadly weapon or a dangerous instrument, as defined in section 13-105.
(d) Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01.
2. A class 4 felony if the person either:
(a) Is convicted of a second or subsequent violation of this section.
(b) Within sixty months before the violation, has been removed from the United States pursuant to 8 United States Code section 1229a or has accepted a voluntary removal from the United States pursuant to 8 United States Code section 1229c.
H. A violation of this section is a class 1 misdemeanor, except that the maximum fine is one hundred dollars and for a first violation of this section is: the court shall not sentence the person to more than twenty days in jail and for a second or subsequent violation the court shall not sentence the person to more than thirty days in jail.
Case closed.
-jsq
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