biased police complaint. simply put, sb-1070 has clearly worked in arizona has acted within its authority. the supreme court has held the states can utilize their police and enforce immigration laws. sb-1070 directs arizona law enforcement officers to cooperate and communicate with federal authorities regarding enforcement of federal immigration laws imposed as penalties and arizona law for noncompliance. it is only simple and clear law enforcement measures before the supreme court. this common sense law is fully within the authority of arizona as it protects citizens for effects of illegal immigration and upholds the recall of law in protecting our citizens the highest duty of any public official. thank you. god bless. may god continue to bless this republic. >> thank you mr. pearce. next, we'll go to senator deconcini. >> chairman, senator durbin, i want to thank you very much for

an opportunity to address this very important issue. not only to my home state of arizona but to our nation. the constitutionality and prudence of federal immigration and enforcement laws is a complex issue. mr. chairman, i'm a native arizona resident, i grew up in that state, i came from neighborhoods and business and law practice with multitude of his panic and mexican friends, investors what have you. we worked together, we shared each otherness heritage and experience, the culture of our state reflects the rich history of the latino influence. but during the last two years, mr. chairman, we have unduly harped our legal latino residents in this process. the solution of the problems coming into this country illegally. we have let rhetoric and political advantage cloud this

sound judgment. mr. chairman, this hearing is partly about 1070 and mostly seeing that the supreme court will address it tomorrow. i believe it's il founded, mean-spirited, divisive. in addition it requires state and local law enforcement to carry out immigration responsibilities that lie with the federal government clearly. prior to being elected in the united states senate in 1976 as a chairman pointed out i was a pi mlt pima county attorney to head up the arizona drug control district because of the tremendous problem along the border. this creation of this drug controlled district did not create laws that contradicted federal responsibility. it was a cooperative effort, put together by the legislature, republican legislature to address the problem, in accordance with the coop raegs of the federal agencies and we did just that.

i mentioned this because there is some similarity that laws need to be in cooperation and not hostile to each other. when i came to the senate, i was appointed to this committee, the judiciary and the committee on propo appropriations. both had juris dikds over border control, control. along with my many colleagues at time, including from border states like allen simpson, mark hatfield from oregon. we worked in a bipartisan effort. i participated as a member of the select committee and commission on immigration and refugee policy, along with my friend strom thurman, allen simpson, ted kennedy. the committee issued a report in 1981 which led to passage of comprehensive immigration reform bill during president reagan's administration. let me remind everyone, president reagan supported that bill, setting of a date to

grandfather those in this country who were here illegal with a pathway to citizenship if they did not have a criminal record. i continue to work hard to see that this happens and occurs. many ask why our efforts did id not work way back in 1981. there's an answer. we did not secure the borders, even though we passed competitive immigration reform. former senator pete dough minute neech chi chaired the appropriation appropriations committee and constantly added earmarks, money not in the budget, and often it was taken out for other reasons. the -- at that time the effort of congress and the public just wasn't there on this problem. when i left the senate, the number of border patrols had increased from approximately 4,000 to in '95, that's what it was, now it's well over 21,000,

as the chairman points out, wit over 5,000 on the arizona bor r border. those who say the federal government has not done its job in ensuring border security are wrong. i was in congress from '77 to '95, i can tell you, the federal government in recent years has made heroic efforts to secure our borders. it started under the previous administration, a republican administration, and continues now with such programs as secure communities. we are called here today to debate the merits, the constitutionality, of 1070. i unconstitutional, for many of the reasons the chairman pointed out, which i will not reiterate. having worked with law enforcement officers, much of my life, i know this law puts law enforcement in a tenable position. police officers are trained to profile behavior, behavior, not people. this law does the opposite.

it profiles people. if you have brown skin in my state, you're going to be asked to prove your citizenship. the law has bad consequences. let me play a clip of an individual and it will tell you exactly what i'm talking. this was taken just a few days after the bill passed both houses and right before the governor signed it. would you play the clip, please? >> divided our community. >> good evening. arizona. patty kirkpatrick. the bill isn't law but one valley couple said that didn't matter. the man claims he was targeted for his race and forced to provide his birth certificate. here's kirsten joyce. >> the husband is a commercial truck driver, pulled over, as he says, at the 202 at a check stop. he was asked to show documents, handed over his commercial vehicle's driver's license and

provide a social security number. but according to him that wasn't enough. >> then he came and said, i need your birth certificate and then i said, i said it's at my house. >> reporter: that's when officers handcuffed him, place him in a van, transporting him to the immigration and customs enforcement building. >> i can't imagine what he felt being put in the vehicle. people watching like he was some type of criminal. >> reporter: his wife says she was contacted and told to retrieve his birth certificate. she asked the agent why her husband had been detained and was told -- >> because he didn't answer the questions correctly. he stated that, you know, his mother is in mexico currently, that's where she lives, and i said is it a crime for his mother to be in mexico, and it is not but he thought it would be suspicious. >> reporter: she left work, drove an hour back to maricopa,

where she retrieved his and her documents, just in case. showing us abdon was born in fresno, california. within 90 minutes of the time she walked up to the building abdon united states released. the two of them remain baffled at the encounter. >> i don't think it's correct that i have to take my birth certificate with my all the times. i don't think that that's correct, you know? >> we can be stopped at any time and you have to show, bring the certificates with us and so forth, you know? it doesn't feel like it's a good way of life to live with fear, being stopped, even if we are okay, we are legal here, we still have to carry our documents around. >> mr. chairman, thank you for taking extra time to look at that. this may have been unintended consequence, as they say but this is what has happened in my state. this is not just one example

that jumps out at you. one more quick one, some statewide political leaders, county elected officials, say that, as a direct result of undocumented people coming into our state, horrific crime have been caused, such as beheadings in the desert of arizona along our border, terrorists are sneaking in. there's no proof to this. these examples turned out to be totally falsing including those made by our governor who had to retract about the beatings found in the desert. but this demonstrates how political this issue has become. it's not about creating law enforcement solutions to secure our border from criminal or other deportation, those with criminal records. which this law, by the way is a minor percentage of those who commit the crimes here. i could go on and tell you a lot of different stories here, because i've talked to a lot of different people, and finally, let me ask -- let me ask who is the target of 1070. senator durbin pointed out, if

anyone tells you it is only the drug and gun trafficking criminals, they are mistaken. sb-1070 targets those with brown skin. and in my state, those are my neighbors, my friends, successful business associates, i've been in law enforcement and the united states senate when we could fix this law and we fixed part of it. and now, 1070 has really caused us a problem. as a legislator, i know, and law enforcement, that whenever you next politics and law enforcement, you create a toxic environment and that's what has happened to my state of arizona. thank you, mr. chairman. i apologize for being longer than anticipated. >> no problem. thank you, senator. we'll hear from senator gallardo. >> thank you. mr. chairman, members, for the record, my name is steve

gallardo, i'm a state senator from arizona representing district 13. it is my privilege to have the opportunity to give my perspective and experience regarding arizona's senate bill 1070. mr. chairman, members, senate bill 1070 has perpetuated a climate of fear and vision within the state of arizona. without any doubt, senate bill 1070 has done arizona and her people a great disservice and has done nothing to secure the borders or resolve any of our immigration problems. arizona law has unfortunately a subject latino citizens to racial profiling and harassment. the following situations will illustrate how senate bill 1070 has negatively affected the lives of many la teen knows throughout arizona. creating racial tension and distruth between latinos and laufrmt as well as latinos and nonlatino neighbors. an example the tragic death of

juan rivela a citizen murdered in front of his home by his neighbor, 13 days after governor brewer signed senate bill 1070 into law. after the bill was signed into law, gary kelly yelled racial slurs, go back to mexico, if you don't go back to mexico, you're going to die. before long, gary kelly pointed his .38 revolver at juan and shot him in the face. mr. rivella died in frot nt of s home. he leaves a wife and a 13-year-old daughter. latinos are less likely to report crimes to local law enforcement, a fear of having themselves deported or a loved one deported. many latina women face nightmare situations if they are victims of domestic violence because of senate bill 1070, many of these women placed in a position where they cannot report their abuser in fear of getting deported.

in some cases these women are held hostage in their own home. mr. chairman, members, no one regardless of immigration status should ever be placed in harm's way. senate bill 1070 has shifted priorities of law enforcement to focus its attention away from the criminal investigation and placed squarely on local law enforcement immigration enforcement. this comes at the expense of rape, assault, murder victims. most recently the maricopa county sheriff's office has come under fire for their failure to investigate 400 sexual assault cases, many of these cases involve children. maricopa county sheriff's office focused their attention on immigration enforcement. senate bill 1070 and laws like it fostered and legitimize the vigilante movements for lethal attacks on latinos. another example, the case of a

9-year-old and her father were killed by the hands of shawna ford and jason bush, all members of the minute men defense organization in arizona. the florezes were murdered in their own home as being robbed. she was 9 when she pleaded for help and shot dead at her home. if senate bill 1070 has been successful in anything, mr. chairman, it has been successful in breaking up the families by separating hard, working immigrant parents from their children and limiting success of our latino students. these parents and children live in fear every day. fear of being separated from each other. it is common practice for parents to teach their children a phone number of a family member that they can trust in the event that the parents get socked away in sheriff arpaio's

rides in phoenix. the state of arizona dealt with a lot of anti-immigration type legislation. most recent was a ballot initiative that preceded senate bill 1070 requiring undocumented students to pay out of state tuition. the dream act has been exactly that, only a dream. i use my karl hayden high school robot exes team in my district, a source of pride in my legislative district, a school team that has beaten teams all over the world, including the massachusetts institute of technology. if it wasn't for their immigration status, these students would have unlimited prom ess. laws pander to a climate of fear and division that run rampant through the state of arizona. mr. chairman, this fear is created for a purpose. mr. chairman, members, i would submit to you that senate bill 1070's truen tensions is

primarily objective to make second-class citizen of u.s. latinos to disturj them from voting, going to school, seeking employment, and realizing the american dream. immigration enforcement is only secondary objective by their own admissions, the authors and sponsors of senate bill 1070 intend to harass immigrants, create a hostile and miserable environment to immigrants will choose to self-deport. they show no regards to the civil rights abuse of u.s.-la toon know citizens. this by its nature defines the str strategy as reckless and abusive. it's a campaign of harassment, intimidation, directly solely on the person's complexion. finally, the prime sponsor of senate bill 1070 will try to give you some rational for the chaos of this legislation. how far, i would submit to you any effort to justify profiling,

harassment, or oppression of anyone is un-american, illegal, and unctugsle on its face. i pray to see the wisdom of passing ledge slaegs pgislation enforcing immigration laws and put emphasis on passing comprehensive immigration reform, specifically the priority of passing a dream act for the students not only the state of arizona, but across this great country. mr. chairman, members, these are my comments. i respectfully submit them. >> thank you, senator gallardo. mr. landfried, you may proceed. >> thank you, mr. chairman, for inviting me to speak today. for the record, my name is todd landfried, executive direct, of the arizona employers for immigration reform. azer was formed in 2007 and has approximately 400 small, medium, large business members.

we are not open borders pro-illegal business addicted to cheap labor nor put profits before patriotism. we know there are serious problems on the board somewhere people's lives are being affected and the issue needs to be addressed. businesses want legal and fsht access to the labor it needs when it needs it from wherever it must come from with little government interference or interaction as possible. most importantly, we want you in congress to solve the problem. my remarks will focus on whether laws like arizona sb-1070 and others are good public policy based on impacts in the business and economy. what are the outcomes? do they secure the border? do they create jobs and reduce state expenses? do they fulfill their promises? it's a legitimate question. et cetera specially at a time when program accountability is so important. what's wrong with holding state level immigration laws to the same scrutiny? i've shown attrition through enforcement scheme has been

tried at the city, county, state level going back to 2006. what has come from past attempts? the short answer, nothing good, unless your only good to make brown people move. after oklahoma passed hb-2004, the bankers association found the loss of 90,000 families $1.9 billion loss to the state's product. the migration policy institute found negligible savings on oklahoma public services from the departure of the undocumented because they're ineligible for benefits in the first place. a georgia restaurant association survey found november 2011, 71% of members had labor shortages and estimates the average monthly sales loss due to the shortage $21,000 per store. georgia farmers needed 11,000 workers to bring in the fruit crop. governor deal offers up probationers. on the first day 11 showed up. a week later, seven left.

the losses of the farmers encountered in 2011, 391 million. one analyst said we have analysd good workers into criminals and turned criminals into bad workers, losing on both ends of the deal." exactly. alabama's rethinking hb-56. 25% of alabama's construction workers have left the state with few replacements. towns like russellville reports sales tax revenue losses exceeding $8.5 million. statewide losses and state income in sales tax collections are estimated to be between $56 million and $264 million. arizona continues to see total losses for cancellations and bookings for conferences and tourism, were $394 million at a loss of 4,236 jobs. in fact, there is a chart in the back of my written testimony that highlights those losses. foreign businesses and executives refuse to work in arizona. the loss of 150,000 consumers

from the arizona economy resulted in an estimated decline in gross state product of $24.4 billion, or 9.6%. loss of 291,000 direct and indirect jobs and a result in tax revenue of $2.1 billion. do these sound like the effects of a good law? we were told sb-1070 would bolster the economy and create jobs, yet history convincingly demonstrates exactly the opposite. if these laws are so good, then why are the impacts so bad? the answer is, you have bad outcomes because of bad inputs. bluntly, we are misled by proponents who extort data, exaggerate impacts, cherry-pick statistics and in a lot of instances make it all up. you have heard about it costing arizona to medicate and incarcerate illegal aliens. but that isn't the whole story, as it ignores the financial contributions these workers made to the economy. economic studies that examine both sides of the ledger show

immigrants are in the benefit of arizona of just under $1 billion. you heard 17% of arizona's prison are illegal aliens, when in reality, it's impossible to know. why? because the arizona department of corrections combines unauthorized inmates with those who are here legally into a category called criminal ail yendz. latest number is 13.2%. therefore, the undocumented population must be lower. we're told because of sb-1070, crime in phoenix is at a 30-year low. yet, there are no data from phoenix pd, the department of public safety or the fbi to back that up. that fact was reiterated in this morning's "arizona republic." mr. chairman, nearly every statistic used to justify sb-1070 has serious factual problems with it. newspaper fact check researchers found that nine out of ten immigration statements they checked, including some you heard today, are not the whole truth. i would encourage you to take a look at the 4-plus gigabytes of reports of data that i've

provided to the committee and educate yourself on the real facts. i'm not saying all of the concerns are illegitimate. i'm not saying there are no costs. no one questions the serious issues of drugs and smuggling on the border. no one questions the security threats. no one denies there is an immigration problem. we can agree on all of this, but shouldn't we spend our time looking at solutions that might work rather than on one we know that doesn't? if you want to ask a question, it should be what else you got? it amazes me that with this history of failure, sb-1070 was the best idea they could come up with. maybe it's because no other solutions were allowed to be heard and discussed. fortunately, there's great ideas for solving this problem, but you don't get to hear them because we're spending too much time arguing about sb-1070. we will discuss some of these solutions may 1st in the rayburn gold room starting at 10:00 a.m. we've invited all members of congress. we hope your staff will attend. the continued fixation on sb-1070 as some kind of viable solution when we know better is crazy. the supreme court's decision will do nothing to change the

fact that it remains bad policy and bad law. congress, however, can and must do something about that, and you shouldn't waste any time getting started. that solution must deal with demand for labor as well as and at the same time as border security. nothing else will work. thank you, mr. chairman and members of the committee for your time today. >> thank you, mr. landfried. let me thank all of our panelists for their testimony, and now we'll begin with questions. i'm going to direct some first questions to you, mr. pearce. first, i want to thank you for coming, because we don't agree. that's obvious. but you've had the courage and integrity to come here and defend your views, and that's very much appreciated. okay, now, i'm interested in trying to understand the general context behind the arizona law. you were on fox news on july 29th, 2010. you said your intent in writing sb-1070 was, this is your quote "to take the handcuffs off law

enforcement. they'll go home. they'll self-deport." do you still stand by that statement? >> yes, sir. >> okay. now, some have said that the arizona law is necessary because the federal government has not secured the border. but to be clear, even if the border were completely secure and the government could show that no new people are entering the country illegally, you would still want sb-1070 to remain in effect to ensure that all of those who are already here without status either leave america or get apprehended or deported, is that correct? >> mr. chairman, can i get better than just a yes to that? >> sure, yes. >> mr. chairman, you know, it's simply the rule of law, you know. you know, we have laws, all kinds of laws. you're never going to get 100% compliance, we understand that. but laws without consequences are not laws at all. and i've heard information today to more than support it. if government will remember the

case in 2005, a 9-0 landmark decision by the united states supreme court that struck down a prior decision by the 9th circuit court about 4th and 14th amendment of those here illegally, when you can ask and can't and they struck that, saying you can ask any time. those are not in the federal law and the supreme court upheld you can ask any time. in sb-1070, we prohibit racial profiling. we say you have to have a legitimate contact. in sb-1070, we say that you have to have reasonable suspicion. those are the basic things taught in a police academy to every young recruit. >> right. >> civil rights, you know, the proper respect and decorum of our citizens and those that we come in contact with. i find it very demeaning to law enforcement that we would assume that those kinds of things are going on. you're always going to have exceptions to every law when you have thousands and thousands of arrests, mr. chairman. >> thank you. >> but that is demeaning to our law enforcement community to make that. and i want to -- >> go ahead, please. >> if i might, sir. we always talk about the police

chiefs not supporting sb-1070. those that are appointed bureaucrats from open border in most cases, what did support was 9 out of 15 sheriffs, arizona police association, 10,000 officers, 23 agencies, arizona, 6,000 officers, the fop, every single organization that represents boots on the ground supported sb-1070 and worked with me to make sure that we created the kind of exceptions that they could make in doing their job, when necessary. it is the rule of law, mirrors federal law. it's not -- we didn't regulate. that is an exclusive, exclusive responsibility of the federal government, and i agree with you, mr. chairman, on that. but enforcement has never been the exclusive responsibility. we don't hear this about drug laws, we don't hear this about gun laws, we don't hear this about bank robbery or the other federal crimes that we enforce on a daily basis. states have always had. had congress wanted to preempt the states from enforcing the

law, they would have used their plenary powers. they have never done that. there has never been a preemption. it has always been a collaborative effort between local law enforcement and the feds to secure this nation, and that should always be our priority, is the rule of law, dignified, compassionate, respectful, but non apologetic for securing our laws and boarders. >> i appreciate that and i want you to get the opportunity to state your whole case, because obviously, you're out-numbered here. >> that's usually the case, mr. chairman. >> okay, well, but again, i appreciate your being here. but i do want to ask the question again, just if you could give me a yes or no answer on that. if the border were completely secure, if the government could show and we could all agree that no new people were crossing the border, however accomplished, you would still want sb-1070 to remain in effect so that people who are already here without status would leave or be apprehended and deported, is that right? >> mr. chairman, i don't mean to be difficult, a yes or no answer

doesn't -- >> well, just give me your answer to that question. it doesn't have to be yes or no. >> let me give you the answer, because we, again, we're a generous nation. we allow more people in this country than every other developed nation combined legally. but yes, the number must be enforced. with that number you talk about, there ought to still be arrests and deportations. the largest gangs in this country are made up of illegal aliens. the terrorists, kidnappers, human smugglers, the drug smugglers, can't ignore. you can't just carve out a little section when you do these things. >> i appreciate that, but your answer is yes. >> yes. >> okay. in trying to promote self-deportation, do you make any distinctions if the person's been in america for 20 years or has u.s. citizen children or is brought here as a minor through no fault of their own? the law does not make any distinctions among those type of people, right, or between -- >> mr. chairman, the federal law doesn't make any distinction. that's a regulatory function, not a function of the states. >> okay. next