The quick answer is yes, and Kyrsten Sinema wants to make it a class 3 felony.
Here are the facts. Under Arizona law, in ARS 13-2319 it says:
“Smuggling of human beings” means the transportation, procurement of transportation or use of property or real property by a person or an entity that knows or has reason to know that the person or persons transported or to be transported are not United States citizens, permanent resident aliens or persons otherwise lawfully in this state or have attempted to enter, entered or remained in the United States in violation of law.
Thus if you give an undocumented migrant a ride, you are officially involved in the “transportation by a person that knows that the person transported is not a US citizen, permanent resident alien, etc.”
Thus, plain and simple and to the point, you are now involved in the smuggling of human beings which makes you a human smuggler in the state of Arizona.
Notice there is no mention of being held in cages or against their will, or being raped or abused. If you given an undocumented person a ride in your car, you are a human smuggler. Period.
Kyrsten Sinema’s SB1225 makes the penalty for the above a class 3 felony. Excerpt from SB1225:
Forgery is a class 4 felony, except that if the forged instrument is used in connection with the purchase, lease or renting of a dwelling that is used as a drop house, it is a class 3 felony. For the purposes of this subsection, “drop house” means property that is used to facilitate smuggling pursuant to section 13‑2319.
Above we saw that the definition of human smuggling depended solely on the citizenship status of the person, not being held against their will or being raped.
The definition of “drop house” under the law is in bold above, and says that it is a house or dwelling used to facilitate “human smuggling.”
If you have a family member or friend that is undocumented, and you give them a ride in your car, you are a “human smuggler” and when you drop them off at their house that is a “drop house.” If they are undocumented then almost surely they forged their documents to get their rental house or apartment because of Arizona anti-immigrant policies. Thousands of families in Arizona live in “drop houses” but are simply families living in a house or apartment without being US citizens.
If a person, say a landlord, tries to make it easier for an immigrant family to stay at their place as long as they pay rent, they are involved in a class 4 felony, but Kyrsten Sinema wants to make this a class 3 felony which gives law enforcement more tools to get “tough on immigration” according to the author of SB1225, Kyrsten Sinema.
Is it a felony to give an undocumented migrant a ride? Yes.
If you give an undocumented migrant a ride, are you officially a “human smuggler”? Yes.
Are the places that undocumented families live considered “drop houses”? Yes.
Are there thousands of “drop houses” in Arizona that are simply places were undocumented families live without rape or other criminal activities occurring? Yes.
Does Kyrsten Sinema’s SB1225 increase the severity of the felony of there being a “drop house”? Yes.
Did Sheriff Arpaio and Andrew Thomas abuse ARS 13-2322 (the statute SB1225 alters) when it first passed? Yes.
Did they use it for anti-immigrant raids and purposes? Yes.
Does SB1225 increase their power to go after immigrants? Yes.
Will SB1225, which gives Sheriff Arpaio more power to go after immigrant families be used by “America’s toughest sheriff” to go after more immigrant families?
What do you think?
Watch an interview with Sheriff Arpaio regarding a recent immigration raid on those engaged in “forgery” below.
[tnivideo caption="" credit="Dennis Gilman"]http://www.youtube.com/watch?v=Ip7UEIDJfO0
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