United States of America v. Arizona, State of, et al

Filing 64

Additional Attachments to Main Document re 63 Lodged Proposed Document Index - Exhibit P by Defendants Arizona, State of, Janice K Brewer. (Attachments: # 1 Exhibit Q-Y, # 2 Exhibit Z, 1, 2, # 3 Exhibit 3-8, # 4 Exhibit 9-33, # 5 Exhibit 34-41)(Bouma, John)

United States of America v. Arizona, State of, et al

Doc. 64

GOVERNOR BREWER AND THE STATE OF ARIZONA'S

RESPONSE TO MOTION FOR PRELIMINARY INJUNCTION EXHIBIT INDEX Tab # A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. Declaration of Michael Cutler Declaration of Neville Cramer Declaration of Jessica Vaughn Declaration of Jeffery Kirkham Declaration of Brendan P. Doherty Declaration of Jose Vasquez Declaration of Brandon L. Judd Declaration of Nate Gafvert Declaration of Margie Emmermann Declaration of Dan Glover Declaration of Bret Glidewell Declaration of H. Michael Donly Declaration of Wendy Glenn Declaration of Gary Thrasher Declaration of Ryan Smith Declaration of Otto Reich Declaration of Thomas Streed Declaration of James Switzer Declaration of Jennifer McGlone Declaration of Tom Tardy Declaration of Franklin Marino Exhibit Description

Dockets.Justia.com

Tab # V. W. X. Y. Z. 1. Declaration of Levi Bolton Affidavit of George Borjas

Exhibit Description

Declaration of Jayson P. Ahern Declaration of Larry Dever Declaration of Joseph G. Adams Homeland Security: Challenges to Implementing the Immigration, Testimony before the H. Subcomm. on Immigration, Border Sec. and Claims of the H. Comm. on the Judiciary, 108th Cong. (2003) (Statement of Richard M. Stana, Director Homeland Sec. and Justice) Alison Siskin, Cong. Research Serv. RL33351, CRS Report for Congress Immigration Enforcement Within the United States 1, 14 (2006). U.S. Department of Justice, Office of the Inspector general, Audit Division, Audit Report 07-07, Cooperation of SCAAP Recipients In the Removal of Criminal Aliens From the United States ___(2007). Bybee, J.S., Memorandum for the Attorney General Re Non-preemption of the authority of state and local law enforcement officials to arrest aliens for immigration violations (April 3, 2002). U.S. Immigration and Customs Enforcement, M-396, Guide to Selected U.S. Travel and Identity Documents (2008). U.S. Immigration and Customs Enforcement, Law Enforcement Support Center Fact Sheet. U.S. Customs and Border Protection, Community Informational (July 8, 2010). Enhancing DHS' Efforts to Disrupt Alien Smuggling Across Our Borders, Testimony before the Subcommittee, 111th Congress (2010) Statement of Janice Kephart, Director of National Security Center for Immigration Studies). Letter from John M. Roll, Chief Judge, Arizona District Court, to Congressional Staff Members (June 3, 2010).

2. 3.

4.

5. 6. 7. 8.

9.

10. Letter from Janet Napolitano, Governor of Arizona, to Donald Rumsfeld, Secretary, Department of Defense (Dec. 30, 2005). 11. Letter from Janet Napolitano, Governor of Arizona, to Donald Rumsfeld, Secretary, Department of Defense, and Michael Chertoff, Secretary, Department of Homeland Security (Mar. 7, 2006).

Tab #

Exhibit Description

12. Letter from Janet Napolitano, Governor of Arizona, to Michael Chertoff, Secretary, Department of Homeland Security (Mar. 11, 2008). 13. Letter from Janice K. Brewer, Governor of Arizona, to President Barack Obama (June 23, 2010). 14. Letter from Dean Martin, Treasurer of Arizona, to Janet Napolitano, Secretary of Homeland Security (Jan. 4, 2010). 15. Statement by Senators John McCain and John Kyl Regarding National Guard Troops on the Southwest Border (May 25, 2010). 16. Arizona Senators Respond to Obama Administration Decision to Sue Arizona (July 6, 2010). 17. President Barack Obama, Remarks by the President on Comprehensive Immigration Reform (July 1, 2010). 18. Letter from Arizona Senator John McCain and Jon Kyl to Michael H. Posner Assistant Secretary of State, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State (May 18, 2010). 19. Article with video of interview with P.J. Crowley, Assistant Secretary of State. 20. FOXNews.com, Napolitano Admits She Hasn't Read Arizona Immigration Law in "Detail," (May 18, 2010). 21. ABC.com, Holder: Arizona Immigration Law Not Racist (May 9, 2010). 22. Devin Dwyer & Huma Khan, Arizona's Governor Signs Controversial Immigration Bill (April 23, 2010). 23. Testimony of Larry A. Dever, Sheriff, Cochise County, Arizona, Senate Committee on Homeland Security and Governmental Affairs (Apr. 20, 2009). 24. Chad C. Haddal, Cong. Research Serv., RS 21899, Border Security: Key Agencies and Their Missions 3 (2010). 25. Maricopa County Attorney's Office, Illegal Immigration (Sept. 2008). 26. Michael Hoefer, Nancy Rytina, & Bryan C. Baker, Estimates of the Unauthorized Immigrant Population Residing in the United States: January 2009, Department of Homeland Security (Jan. 2010). 27. Letter from Terry Goddard, Arizona Attorney General, to President Barack Obama (July 8, 2010). 28. Excerpts of transcript of the Senate Public Safety and Human Services Committee

Tab # Hearing, January 20, 2010.

Exhibit Description

29. Excerpts of transcript of the Senate vote on SB 1070 by the Arizona 49th Legislature, Second Regular Session, Apr. 19, 2010. 30. Bureau of Land Management- Southern Arizona Project FY 2009 Fact Sheet. 31. U.S. Customs and Border Protection, Community Informational (June 24, 2010). 32. Bureau of Land Management, Southern Arizona Project to Mitigate Environmental Damages Resulting from Illegal Immigration, Fiscal Year 2008 Year-End Report 33. Majority Staff of H. Comm. On Homeland Sec., A Line in the Sand, Confronting the Threat at the Southwest Border (2006). 34. Excerpts of transcript of Minutes of House Committee on Military Affairs and Public Safety re SB 1070, 49th Legislature, Second Regular Session, March 31, 2010. 35. Arizona Peace Officer Standards & Training Board Support Law Enforcement and Safe Neighborhoods Act Training Course, transcript of DVD. 36. Excerpts of transcript of the Senate Public Safety and Human Services Committee Hearing, Arizona 49th Legislature, Second Regular Session, Jan. 21, 2010. 37. Hillary Clinton Migrates into Arizona law Controversy (May 2, 2010) 38. Support Our Law Enforcement and Safe Neighborhoods Act: Hearing on S.B.1070 Before the S. Comm. on Pub. Safety and Human Servs., 49th Leg. 2d Reg. Sess., 2 (Ariz. 2010). 39. Support Our Law Enforcement and Safe Neighborhoods Act: Hearing on S.B. 1070 Before the H. Comm. on Military Affairs and Pub. Safety, 49th Leg. 2d Reg. Sess., 1-8 (Ariz. 2010) 40. Message from Sen. Russell Pearce (March 24, 2010) 41. Certified copies of selected Arizona Peace Officer Standards And Training Board 585 - Hour Basic Curriculum Model Lesson Plans.

11760985.1

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

EXHIBIT E

EXHIBIT F

EXHIBIT G

EXHIBIT H

EXHIBIT I

EXHIBIT J

EXHIBIT K

EXHIBIT L

EXHIBIT M

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(#001358) Robert A. Heny (#015104) Joseph G. Adams (#018210)
John.1. Bouma

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SNELL & WILMER U..l'. One Arizona C~nter 400 E. Van Buren

Phoenix. AZ 85004-2202
PhoDe: [phone] Fmc [phone] jbouma(p)swlaw.com

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bhenr(aswlaw.com
jgadms(0swlaw.co:m
Joseh A. Kacfield (#015838)

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Otlicc of Govcrnor .Janice K. Brewer
1700 W. Washington. 9t Floor

Phoenix, AZ 85007 Telephone: [phone]
Fa.x: [phone]

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jkanelicld(gaz.gov
Altorney.'fnr InJC:twinor Defendants Janice K. ßrewer. the. Siate alArizona. and the Siate '?lAriz(ma Governor of

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IN THF UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Friendly Hou!;~, ct at

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No. CV-10-1061-PHX-SRß

Plaintiffs.
v.

DECLARTION OF W.~NDY GLENN

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Michael B. Whiting, Apachc County Attorney, in his offcial capcity, ct aI.,
Defendants,
and

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Janice K. Brewer, Goycrnorofthe State of Arizuna, in her official capacity; and the Statc of Arizona,
Intervenor DeH..-ndant-;.

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DECLARATION OF WENDY GLENN
T, Wendy Glenn, declare as follows:

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the matters set forth
I make this dcel&ation based upon roy peronal knowledge of

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below. 1 f called upon to do so, 1 cøuld and wcu'd tcsti-r (joropctently thereto. live on a ranch east of Douglas, Arizona. 1. My husband. Warer Glcnn, and i

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and we were both born and raised in the Douglas, area. In fact. my grandfather was onc of
the founders of Douglas.

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2. My husband and 1 own a ranch along the Arizona ~tate border with Mexico. just afer we were
3. We have owned our ranch for 50 years. We bought it

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ma1Ti~d in 1960.

4. Our ranch i:i located approximately 18 miles from Douglas, Ariona. Our

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nearest neighbor is about 5 miles away.
5. We ranch 15.000 acr~s, which is approximately 23 square rnilc:;. border fence with Mexico. 6. Our ranch includL"S four miles or
7 . Ahout 8 or 9 years ago, we noliced an increase in the amount of root traffic

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across our rach propert. It has gotten much worse in the last 5 years.

8. Wc believe that thesc people are ilegally crossing the border from Mexico

into the United States.
9. In the bcginning~ W~ saw less than 10 people a month erossing though our

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land.
10. At that time, we understood that these individuals were i1egal workers

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crossing the border headed Cor their jobs in Ari7.ona.
i 1.. The number of unlawful immigrants erossin.g the ranch inereascd

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significantly about 5 years ago.

) 2. Now we estimate that at times, 500 to 800 people a week cross into our
ranch from Mexico.

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13. The presence of so many people walking across our land has lcd 'to serious
environmental problems 00 the rach.

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trash, including
14. For exainplc~ the ilegal immigrants leave large amounts or

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food, empty cans, medication, pla'\tic bags, clothing and water bottles. We regularly have

to clean up this trash.

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15. llegal immigrants cut water pipelines in our valley, to acccl)~ fresh water, H
is expensive to continually replace the pipelines and the water is wasted out on the
ground.
16. l1egal immigrants usc our water trough to wash clothing and bathe. This

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creates serious health issues for our cattle.
17. Tlegal immigrants create trails acro~s our ranch. i estimate that there aN

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about 10 trails coming north that come through the four-milc southern bordcr ofthc ranch.
18. llegal immigrants leave gates open and cut fences, sometimes letting our

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19. llcgal îmm1granL'; scare our caltle. causing the animals to run long distance:-

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tn fright causing stress. Stress causes the animals to lose weight, threatening thcir health.

20. Ilegal immigrnts regularly dcfecate on our property, ollen ncar our
~pdngs. This can foul the water, is unsanitary, and can lead to health problem!;.

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21. About 1 5 times a year. ilegal immigrants come to the ranch house ror
help'-(1ì:cn needing loodand medical assistance. When this happens, my husband or 1

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wil call the Border Patrol. Border PatTol agents wil come pick up the ilegal immigrants.
22. Lfthe situation warrants it, the Border Patrol wil call an ambulance for

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those who are seriously îl or injured.

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23. One time~ a woman had a baby in a pasture about 3 miles from our house. the way to the house for
She. her husband caring the baby and her brother walked all

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her. They sent an ambulance.
help. We called the Border Patrol to take care of

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24. We found a dead body last year in a pasture on the ranch. marjuana in pastures on the ranch.
25. We have found bundles of

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2K

26. Although our home has not been robbed. or experienced other violencc, we
have had solar panels stolen from one of our wells, and we live wíth the theat ofvio1cnce

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daily. Many other nearby ranchers that we know havc been victims olviolencc by ilegal
2 immigrants.
3 27. Increased Border Patrol enforcement can have a positivc effect on the

4 numbers ofilcgalimmigrant.~ crossi.ng our ranch. But, as soon as the level of
5 enforcement drops~ th~ number of 1lcgal immigninis who cross the border and througb

6 our ranch increases again.

7 28. The issues that my husband and I face on the ranch every day are serious.

8 We spend a huge amount oftimc attempting to address the problems that illegal
9 immigrntli cause here. There have been Chinese. Pakistani~ Yemcncsc, South Amcncan
1.0 and other foreign groups tòund in our area.

11 29. T believe that the State of Arizona has a rei:ponsibilty to tr to solve these
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problems by cnfordílg the law.
30. I do not believe that the tcdcnil government is doing enough to protect our

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border.

31. 1 believe that Sß 1070 williavc a positive impact on the situat.ion at our
ranch.
32. 1 am appreciative fum by passing Sß 1070, Arizona is finally trying to help

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1 declare under penalty ofpcrjury that the foregoing is true and correct.

DATED July 8. 2010
Cochise County, Arizona.

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By

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Wendy

Glenn -T

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EXHIBIT N

1 2 3 4 5 6 7 8 9 10 11
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

John J. Bouma (#001358) Robert A. Henry (#015104) Joseph G. Adams (#018210) SNELL & WILMER L.L.P. One Arizona Center 400 E. Van Buren Phoenix, AZ 85004-2202 Phone: [phone] Fax: [phone] [e-mail] [e-mail] [e-mail] Joseph A. Kanefield (#015838) Office of Governor Janice K. Brewer 1700 W. Washington, 9th Floor Phoenix, AZ 85007 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Intervenor Defendants Janice K. Brewer, Governor of the State of Arizona, and the State of Arizona IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Friendly House, et al. Plaintiffs, v. Michael B. Whiting, Apache County Attorney, in his official capacity, et al., Defendants, and Janice K. Brewer, Governor of the State of Arizona, in her official capacity; and the State of Arizona, Intervenor Defendants. No. CV-10-1061-PHX-SRB DECLARATION OF GARY A. THRASHER

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Snell & Wilmer L.L.P.

1 2 3 4 5 6 7 8 9 10 11
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

DECLARATION OF GARY A. THRASHER I, Gary A. Thrasher, declare as follows: I make this declaration based upon my personal knowledge of the matters set forth below. If called upon to do so, I could and would testify competently thereto. 1. I am Gary A. Thrasher, a veterinarian who limits his practice to care for

cattle and horses at ranches in Arizona, New Mexico and Texas. 2. I live approximately 4 miles north of the U.S./Mexico international

boundary in Sothern Arizona, have a ranch operation 10 miles north of the border and also operate a cattle "stockyard/feedlot" in Cochise, Arizona. 3. I have many ranch clients that I am frequently called upon to service along

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more than 200 miles of the U.S./Mexico border in Arizona. 4. I've lived and worked out of my office, "Hereford Veterinary Service" in

Snell & Wilmer L.L.P.

Palominas for 25 years, after first coming to Southern Arizona in 1971. From 1992 through 2005, I also owned and operated "Servicios Veterinarios Asociados, Hereford, S.C.", a Mexican chartered corporation that processed cattle at ranches in Mexico for export to the U.S. 5. My travels and work along the U.S. border has given me a unique

perspective on our changing border situation from both sides of the border. 6. While our international boundary has always been porous, until 1996 it was

only a tolerable nuisance for remote rural ranchers, after 1996 it has become progressively more intolerable, uncontrolled, threatening, and violent. 7. I see firsthand the increasing degradation of the environment, losses of

livestock due to trash left behind by trespassers and vehicle chases, the unnecessary and willful destruction of private property, and intimidation of remote rural Arizona residents.

1 2 3 4 5 6 7 8 9 10 11
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

8.

I hear, on a regular basis, the ranchers' reports of break-ins, home invasions,

vehicle thefts, and immigrant deaths on their property. 9. I've personally been confronted by large groups of illegal immigrants

demanding transportation to Tucson and Phoenix. 10. I've stopped to help some of those posing to need help only to be threatened

if I didn't help what turn out to be "coyote guides" returning to Mexico to guide their next group of illegal immigrants or drug "back-packers." 11. I've been run-off remote rural roads by high-speed vehicles trying to get

stolen vehicles back into Mexico and vehicles loaded with illegal immigrants and/or illegal drugs trying to pass into the U.S. without detection. 12. I've helped with numerous traffic fatality wrecks on interior Arizona roads

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Snell & Wilmer L.L.P.

caused by people with vehicles overloaded with illegal aliens trying to "outrun" local law enforcement trying to stop traffic offence violators. Some of those deaths and serious injuries were U.S. citizens just going about their daily lives. 13. Those of us who live and work in the remote stretches of Arizona

ranchlands had been predicting that it was only a matter of time before one of us or our immediate families would be seriously hurt or killed by the "type" of people now controlling the illegal immigrant trade and passing, wave after wave through our ranches. 14. Then Rob Krentz, a long-time friend, client, and partner was murdered on

his ranch in an extremely remote place, and at a time that the murderer had no reason to be there on foot except to be using the immigrant and drug trail that runs through his ranch. 15. Time and time again, I've seen caravans of illegal entrants on foot going

north along that trail coming from the Mexican border, and time upon time I've seen the

1 2 3 4 5 6 7 8 9 10 11
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

one or two "coyote guides" returning to Mexico along the same trail. And that's only one of the hundreds of trails used the same way all along the remote reaches of the Tucson Border Patrol Sector border. And it's well know that the Mexican syndicate that "owns" that trail is prone to intimidation and scare tactics, but is not nearly as violent and deadly as the syndicates controlling the trails through the western end of the Tucson sector border. 16. At my home in a more populated region we have a "lay-up" in a 10-acre

pasture where illegal entrants wait for rides within 600 ft. of my front porch. 17. We report it; the Border Patrol watches it for a night or two, than as soon as

the Border Patrol assigns their watch to another location, the illegal entrants return en masse. As many as fifteen backpacks are left behind with each of their visits. 18. A pickup truck loaded with "illegal entrants" trying to out-run an unmarked

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Snell & Wilmer L.L.P.

law enforcement vehicle barreled through our pasture fence, and crashed through a dozen large mesquites before totally wrecking the vehicle less than 100 yards from my doorstep. All of the occupants escaped. I replaced ½ mile of fence and had to clean up the mess and tow away the truck myself. 19. Three times my clinic/horse barn was occupied by illegal entrants when I

went to the clinic in the morning. Twice they came in while I worked alone late at night, demanding rides, offering up to $300 a piece to take them to Phoenix, then threatening when I refused. 20. from me. 21. Twice I've stopped along lonely remote ranch roads to help desperateOnce, my daughter came to my recue with an ax handle to chase them away

looking illegals only to have them jump up and jump into my pickup truck and refuse to get out; once I had to physically drag him out of my truck. One threatened me with an

1 2 3 4 5 6 7 8 9 10 11
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

unloaded pistol. I can only, surmise he had stolen the pistol on a return trip but wasn't able to find the ammunition. 22. Federal agencies in recent years have defended the border in more populate

border communities and at official ports of entry and sight reduced crime statistics as an accomplishment, but ten and twenty miles away from there, where many of us live and work, and where statistics are "minimal," we are being deluged. 23. There is, in fact a foreign invasion crossing the border in remote stretches

and we requested, petitioned, and even demanded, that the federal government fulfill their duty and responsibilities for many years now, to no avail. The federal government has not had the will, nor political desire, to correct the injustice, enforce our nation's laws in Arizona, nor protect Arizona's citizens and their property. 24. Recently, Mr. David Aguilar, an official in DHS was quoted saying that "the

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Snell & Wilmer L.L.P.

border is not a line in the sand nor a juridical line, but a third country between Mexico and the U.S." 25. To date he has not been made to retract, nor clarify, nor correct that

statement. It leads me to believe that we who live and work in that third country are no longer to be given the protections and security of the United States. Yet the international boundary was delineated, surveyed and ratified by both the United States and Mexico in the Gadsden Treaty, and a large portion of the lands acquired in that treaty became the Arizona Territory and later the State of Arizona. 26. The United States of America has refused to secure the international

boundary, yet Arizona's southern boundary is well defined in the Gadsden Treaty, and the U.S. government has refused to enforce its own federal immigration laws throughout the state that would mitigate the security breaches of the Arizona border. 27. Arizona residents have demanded that the federal government enforce the

1 2 3 4 5 6 7 8 9 10 11
LAW OFFICES One Arizona Center, 400 E. Van Buren Phoenix, Arizona 85004-2202 [phone]

laws of the United States in Arizona, they have not, so to provide for our security along the border Arizona citizens have demanded Arizona fulfill its duties and responsibilities within the state. 28. With the passage of Arizona S.B. 1070, the Arizona legislature and

Governor have passed a law which mimics federal immigration law, and adds only antidiscrimination provisions that better clarifies how the law is to be enforced. 29. When the passage of the bill was announced many of us living and working

on the border saw an immediate reduction in illegal immigrant traffic and have heard from our Mexican counterparts on the other side of the border that the "staging" of illegal immigrants planning to come into the U.S. through Mexico is either "building-up and waiting out" the current lawsuit or being diverted elsewhere than Arizona to cross, which depends on what Mexican border community the "staging" is taking place in, and what syndicate is controlling the trails across the border in that region. 30. The law is already having a mitigating affect on illegal crossings, even

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Snell & Wilmer L.L.P.

before enforcement begins. I declare under penalty of perjury that the foregoing is true and correct. DATED ______________ Cochise County, Arizona.

By

Gary A. Thrasher
11717903

1 2 3 4 5 6 7
8

laws of the United States in Arizona, they have not, so to provide for our security along the border Arizona citizens have demanded Arizona fulfill its duties and responsibilities within the state. 28. With the passage of Arizona S.B. 1070, the Arizona legislature and

Governor have passed a law which mimics federal immigration law, and adds only antidiscrimination provisions that better clarifies how the law is to be enforced. 29. When the passage of the bill was announced many of us living and working

9 10 11
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on the border saw an immediate reduction in illegal immigrant traffic and have heard from our Mexican counterparts on the other side of the border that the "staging" of illegal immigrants planning to come into the U.S. through Mexico is either "building-up and waiting out" the current lawsuit or being diverted elsewhere than Arizona to cross, which depends on what Mexican border community the "staging" is taking place in, and what syndicate is controlling the trails across the border in that region. 30. The law is already having a mitigating affect on illegal crossings, even

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before enforcement begins. I declare under penalty of perjury that the foregoing is true and correct.

Cochise County, Arizona.

11717903

EXHIBIT O

EXHIBIT A

Exhibit B

EXHIBIT P

DECLARATION OF AMBASSADOR OTTO REICH I, Otto Reich, declare as follows: The facts set forth below are of my own personal knowledge and, if called as a witness, I could and would testify competently thereto. 1. I received a Bachelor's Degree in International Studies from the University of

North Carolina (1966) and a Master¹s Degree in Latin American Studies from Georgetown University (1973). I served in the US military from 1966-1969 as a

lieutenant in the U.S. Army's 3rd Civil Affairs Group (Airborne), Panama Canal Zone. 2. I served as Washington Director of the Council of the Americas; Community

Development Coordinator for the City of Miami; International Representative of the State of Florida Department of Commerce; and staff assistant in the U.S. House of Representatives. During the 1980's, I received three appointments from President Ronald Reagan. From 1986 to 1989, I served as U.S. Ambassador to Venezuela, for which I was awarded the highest commendations of both the State Department and the Republic of Venezuela. As Special Advisor to the Secretary of State from 1983 to 1986, I directed the Office of Public Diplomacy for Latin America and the Caribbean, which received the Department's Meritorious Honor Award. From 1981 to 1983, I was Assistant Administrator of the U.S. Agency for International Development (USAID) in charge of U.S. economic assistance to Latin America and the Caribbean. 3. In 1991 and 1992, as a private citizen and at the request of President George H.

W. Bush, I served as Alternate U.S. Representative to the UN Human Rights Commission in Geneva. 4. From 1990 through 2001, I worked as a private consultant, advising clients on

international government relations, market access and strategic planning. 5. In 2001, President George W. Bush selected me to be the Assistant Secretary

of State for Western Hemisphere Affairs, reporting to Secretary of State Colin Powell. In 2003, I became President Bush's Special Envoy for Western Hemisphere Initiatives, reporting to Dr. Condoleezza Rice at the National Security Council. 6. I left government service in June 2004 and later formed Otto Reich Associates,

LLC, of Washington, DC, a consulting firm which provides international government relations, trade and investment advice to US and multinational clients. 7. I have spent most of my life working in the field of foreign affairs, primarily

related to Latin America and the Caribbean, including private enterprise, government, and the U.S. military. 8. I am an immigrant and, at the time I had my green card, I understood I needed Based on my personal experience, and my

to carry it until I became a citizen.

professional experience as an observer of foreign and domestic policy, I understand the value of legal immigration in allowing the US to continue to welcome immigrants to this country. I strongly believe that controlled immigration is good for the United States, the country to which I owe my freedom and any success I have had in life. Uncontrolled, illegal immigration undermines not only the respect for the rule of law that made this country the envy of the world, but also undermines support by US citizens for continued legal immigration. 9. I have reviewed the Declaration of James B. Steinberg, Deputy Secretary of State,

dated July 2, 2010, submitted in the case of US of America v. The State of Arizona, et al., 2:10-cv-01413-SRB. 10. 11. I have reviewed SB 1070 as amended by HB 2162. I offer the following statements with the benefit of my prior government service;

my continued work with US and multinational clients related to international government relations, trade and investment advice; and my extensive history working in foreign affairs, primarily related to Latin America and the Caribbean. 12. The Declaration of Deputy Steinberg addresses various issues that the State

Department must take into consideration as it coordinates the foreign policy for the United States. I agree with many of the various considerations he identifies. That said, Deputy Steinberg makes a number of statements about the potential impact of SB 1070 based on concerns about the viewpoints of several historically anti-American governments, leaders, and international organizations. He further suggests that SB 1070 has caused criticism in the international community but fails to acknowledge that the State Department has wholly failed to educate the international community about SB 1070 or the extent to which federal law already allows what Arizona seeks to accomplish. Additionally, Deputy Steinberg insinuates that United States foreign policy is dictated by the views of the foreign governments or foreign publics and without further explanation that SB 1070 implicates human rights considerations. In my considered view, the State Department and other federal officials, including the President of the US, Secretary of State Hillary Clinton, Secretary of the Department of Homeland Security Janet Napolitano, and Attorney General Eric Holder have each played a significant role in exacerbating the response by the international community. Accordingly, the validity of the statements by Deputy Steinberg is undermined by the federal government's role in creating the intense international response, the reliance on criticism from some antiAmerican leaders and organizations and the State Department's failure to explain US immigration policy in the face of such criticism. I. The State Department Acknowledges It Plays a "Substantial Role" in "Managing" Foreign Relations. 13. The State Department has failed in its role to manage foreign relations as it relates to Arizona's passage of SB 1070 as amended by HB 2162. 14. Deputy Steinberg acknowledges in paragraph 22 of his declaration that, the

Department of State is often in the position of managing problems associated with changes to immigration law. Indeed, he acknowledges that countries routinely raise concerns about changes in bilateral, regional, and multilateral areas as it relates to immigration. In my experience, events occur every single day in the US, and outside of

the US, that foreign governments find objectionable as it relates to the US. 15. In the context of foreign policy, public criticism in bilateral exchanges is part of

the normal conduct of diplomatic relations. If others countries are criticizing the US, that criticism may be deserved. If it is not deserved, the US should defend itself vigorously. With respect to SB 1070, the federal government has apparently made the choice not to defend the US against criticism. The US was criticized for its immigration policy before SB 1070 and, based on my experience, it will be criticized after SB 1070 whether or not the law is enjoined or invalidated. In short, the US can expect to be criticized ­ whether valid or not ­ with or without SB 1070. 16. On any given day, the US is going to take action that some foreign governments

find objectionable. For example, I fielded and responded to various complaints by foreign governments during my years of service. In one case, I received formal

complaints from a number of Western Hemisphere nations about airport security for their traveling diplomats. As a result, the State Department tried to set up a system to make sure that it was informed of travel plans in advance so that a protocol official could meet the traveling diplomat to be escorted through the airport and to avoid the need to go through public security procedures. This is a simple example of the type of relationship building that the State Department is charged with managing. 17. Paragraphs 16-17 of Deputy Steinberg's declaration address the revocation of

visas in Honduras as a result of a constitutional crisis in 2009. In that case, the State Department revoked visas to convince other interests to (unsuccessfully) restore the Honduran President who had been removed from power. This was a subjective and very controversial decision by the US government. In fact, this was a decision that was criticized by some in our own Congress and in countries of Latin America. This is an example of the State Department doing what it feels needs to be done without regard to criticism from within or without the US. The federal government has the power to decide

who can come into the country as Steinberg recognizes at Paragraphs 16 and 17 of his declaration. 18. In the case of immigration enforcement, however, the federal government has

fallen short in its responsibility to control borders. In light of this failure, the federal government should then not criticize a state government who offers to help, such as in the case of Arizona and SB 1070. This is particularly true as Deputy Steinberg recognizes that states may play beneficial roles in assisting with the enforcement of federal immigration law. 19. In my experience, the US is much more restrictive in its immigration policy and is As a result, State

stricter in enforcing the law than many other foreign countries.

Department officials frequently receive complaints from foreign governments. 20. One of the roles of the State Department is to convince other countries that US

policy is correct. The job of the State Department is to find some compromise when disagreement occurs. I have not seen any effort by the State Department to find any compromise with respect to SB 1070. On the contrary, the lawsuit filed by the DOJ has given critics of the US a further basis to disparage the US. A. The US State Department Is Charged with Day-to-Day Conduct of Foreign Affairs Which Includes Educating Foreign Governments and Their Public About US Immigration Law 21. The State Department has an obligation, as part of its diplomatic mission, to educate foreign countries and the international community about US policy, including the enforcement of immigration laws. 22. I have reviewed reports in the press and watched television interviews about SB

1070, and I have also participated in international meetings where SB 1070 was discussed. I have reviewed Spanish television programs that included reports about SB 1070, and in particular, comments made by US officials regarding SB 1070. 23. Since the passage of SB 1070, I am not aware of any attempt by the State

Department (or any other federal department or official) to either educate foreign

countries and the international community about SB 1070 or to explain that SB 1070 simply deals with Arizona's assistance in enforcing existing federal law. For example, as I understand SB 1070, Arizona will not be deporting or removing individuals as that decision will remain vested with the federal government. I am not aware of any instances in which the State Department has explained publicly that existing US law already contains certain requirements for obtaining authorization to enter the US and that SB 1070 does not change that or the way in which decisions are made to remove or deport those unlawfully present in the United States. 24. I taped a Spanish-language television program on July 16, 2010 for Oppenheimer

Presenta, a weekly show hosted by Andres Oppenheimer, a Pulitzer Prize-winning journalist for the Miami Herald. It is broadcast to US media in the Spanish-language, to Spain and Latin America. One of the panelists was a Mexican Senator who had critical comments about SB 1070, but they were based on a distorted understanding of the law. Based on the various public media sources that I have reviewed over the last thirty to sixty days, the impression in Latin America is that law is negative. Not only has SB 1070 been distorted by local politicians in Latin America and the media, including Univision and CNN (Spanish), but it has not been fully explained to the international community by US authorities. Such steps, had they been taken, could have alleviated some of the criticism about which the Deputy Steinberg complains. B. SB 1070 Has Been Distorted by US Officials Resulting in Widespread Criticism That Has Been Exacerbated by the DOJ's Lawsuit Against Arizona 25. The various statements about SB 1070 made by President Obama, Secretary Clinton, Secretary Janet Napolitano, and Attorney General Eric Holder, have contributed to the negative publicity about which Department of Justice now complains in its lawsuit against Arizona. I understand that both Attorney General Holder and Secretary

Napolitano made negative comments about SB 1070 before (according to their own admissions) reading the legislation. If the US Attorney General and the Secretary of Homeland Security did not read the law before criticizing it, it is fair to assume the

reporters in Latin America and the general public did not read it prior to criticizing it either. 26. I am aware of comments made by Secretary of State Hillary Clinton in Quito,

Ecuador on June 8, 2010 to an Ecuador television reporter. In this interview, Secretary Clinton stated that President Obama spoke out against the law and, in a rather surprising way she further announced to the world that the DOJ would be bringing a lawsuit against the State of Arizona. In my experience, this type of announcement is unprecedented, and the State Department should have expected a significant negative response from the international community, and in particular, from countries who regularly criticize the US for their own political or economic reasons. 27. Rather than using the interview in Quito, Ecuador to explain US immigration

policy, Secretary Clinton fueled the fire at the international level by announcing that the US was suing one of its states to enjoin legislation that by its express terms, prohibits racial profiling and that seeks to parallel federal immigration law. Secretary Clinton unquestionably used the media opportunity in Ecuador to attack SB 1070. As a result, the Latin American population, in particular, has been led to believe that the Arizona law is draconian rather than simply consistent with federal law. 28. For example, during the 1980's, the US adopted certain policies related to Central

America and the Caribbean that were particularly controversial. President Reagan set up an Office of Public Diplomacy to explain the policies to various constituencies, domestic, international and foreign governments, and the press. The Office of Public Diplomacy gathered, processed and disseminated information in an effort to explain US policy. I have seen no evidence that the State Department or the Office of Public Diplomacy has made any effort to use available resources to educate the public about SB 1070 both domestically and abroad, except to incite criticism and fear as it relates to the enforcement of the legislation.

II. Many Foreign Nations Have Significant Political And Economic Reasons To Criticize And Discourage Any Action by the US, Including The Individual States, As it Relates to Limiting Immigration, Whether Legal or Illegal 29. As a matter of foreign policy, the US should consider the positions of foreign nations but not the exclusion of enforcing its own federal laws. In my experience, the views of foreign governments and people are important considerations but they do not drive the decisions made by the State Department, which is charged with, among other things, administering federal immigration law and policy and managing and negotiating its foreign relations impact. 30. In the area of immigration, many foreign countries have particularly strong views

as to how the US should enforce its laws. In my experience, most countries would prefer to see the US border remain as open as possible to allow the exportation of surplus labor to the US. The declaration submitted by Deputy Steinberg ignores the reality that the US is under constant pressure from countries all over the world to keep its borders as fluid and accessible as possible. Based on my experience, the pressure from other countries to stem efforts to limit entry has existed for at least the last twenty five years and I have no reason to believe that it will change any time in the near future. 31. By way of example, in the 1990's, the US granted Temporary Protected Status

("TPS") to nationals of El Salvador, Honduras and Nicaragua. TPS is typically extended every 18 months. In the case of El Salvador, that has not been the case. Following Hurricane Mitch in 1998, then-Attorney General Janet Reno announced that she would temporarily suspend the deportation of aliens from El Salvador and other countries affected by the hurricane. Before Hurricane Mitch, Congress was contemplating

revoking the TPS for the several hundreds of thousands of El Salvador nationals in the US. Today, some twelve years after Hurricane Mitch, those nationals of El Salvador continue to maintain TPS. In this case, the TPS status has become permanent status since over twelve years have passed and there is no indication that the status will be revoked.

This type of result is not uncommon. Various Central American countries hire paid lobbyists to convince the US Congress that it cannot eliminate TPS status for their foreign nationals because sending them back would be destabilizing to the economies, socially and politically. Presidents of these Central American and Mexico countries have met with Presidents of the US to make the same argument and plead for the US to allow their foreign nationals to remain in the US. 32. I was personally involved in similar discussions as it related to requests by During the early 2000's, I was approached by the

Colombia and Argentina.

Ambassadors of Colombia and Argentina to extend TPS to Colombians and Argentines who were in the US illegally based on the dire economic situation facing those two countries at the time. At that time, the US declined to agree to the request, in part because the number of illegally present Argentines and Colombians was unknown and in part because the potential immigrant population of these two countries was in the millions. It is no surprise, and nothing novel, that countries in this region will take the opportunity to criticize US policy to the extent it seeks to enforce the federal immigration laws. 33. The Latin American region wants the US borders to remain open to undocumented

workers because the number of legal aliens that the US allows is not enough to offset the problems of overpopulation and unemployment in those countries. In particular, these countries favor amnesty so that those unlawfully present can continue to send money to their friends and families back home. These remittances represent up to 25% of the gross domestic product of countries like Honduras and El Salvador. It is therefore essential for the stability of the countries to have their citizens remain in the US. Based on my work with Mexico, I understand that the ultimate desire of Mexico is complete amnesty. 34. Deputy Steinberg cites public opinion polls from Mexico to suggest that SB 1070 Deputy

has "significantly harm[ed] foreign attitudes towards the US as whole."

Steinberg relies on one opinion poll from Mexico to draw this conclusion. Time after

time, the US has taken positions that have been very unpopular in Central America and Mexico. Without question, the US will continue to take positions that are not palatable to countries in Central America and Mexico. Even if the polling is accurate, that is not a basis for dictating US immigration policy. If it were, the US might never have taken other unpopular steps, such as supporting some governments and opposing others during the civil wars that ravaged Central America in the 1980's. The Government of Mexico vigorously opposed US policy at the time, a policy that resulted in great gains for freedom and democracy in the region, and therefore for US objectives. 35. Before SB 1070, Mexico sought open borders for workers via NAFTA and

publicly criticized the building of the border fence by the US. Based on my observations as a student of foreign policy for over thirty years, it is not the Arizona law that Mexico objects to, it is the limitation on the ability of its workers to cross the border at will, with or without the permission of the US. To the extent the State Department has presented these arguments about public opinion in Mexico, the State Department has effectively become the representative of the will of some people in Mexico. While public opinion polls should certainly inform foreign policy decisions, they should not be a factor cited to suggest the need for court intervention or to justify invalidating a state law which seeks, in the express language of the bill, to enforce existing federal immigration law. 36. The examples above establish that the countries of Latin America have a

significant stake in keeping US labor markets as open to their people as possible ­ whether legal or undocumented. As a result, these same Latin American countries are predisposed to criticize any attempt by the US ­ whether justified or not ­ to enforce its immigration laws.

III. The US ­ Just Like Other Countries ­ Should Be Entitled to Enforce Its Own Immigration Laws 37. Deputy Steinberg makes multiple assertions about potential retaliatory treatment by other countries. The truth is that the US and its citizens are already subject to retaliatory treatment for a host of immigration actions by the US. 38. For example, after 9/11 the US imposed stricter identification requirements and Countries like Brazil were very upset

eliminated visa waivers for some countries.

because the US was requiring Brazilians to be photographed and fingerprinted on arrival in the US. The US believed this was prudent to avoid terrorist activities. The Brazilians retaliated by having Americans be photographed and fingerprinted. The US accepted the changes in Brazil. During this period, Brazil was harassing documented US citizens (as opposed to illegal aliens) by making them wait in long lines for several hours. 39. My understanding is that Brazil believed its retaliation efforts would force the US

to change its laws. Brazil was wrong, and they eventually changed their rules after losing significant tourism from the US. 40. I have a former colleague who traveled to Brazil using a diplomatic passport after

he retired from the State Department but before obtaining a diplomatic visa. Brazil sent him back immediately on a plane to US because he was not complying with Brazilian law which required either a diplomatic visa or a common passport. Brazil, like other

countries, has its own laws which it enforces. The same should be true for the US. It is simply an empty threat to suggest that US citizens are going to be retaliated against for traveling to another country legally and with documentation because the US and one of its sovereign states are enforcing federal immigration law. A. Criticism By Anti-American Governments and Leaders Should Not Dictate The Policy of The US As It Relates to Immigration Law 41. Deputy Steinberg points to objections or criticisms raised by various countries and leaders. Additional criticism has come from a variety of anti-US organizations. 42. Mexico has been the most vocal opponent of SB 1070. This is not surprising since

Mexico has an interest in the US border remaining as open as possible. When NAFTA was negotiated, Mexico wanted to include the free-flow of labor across the Mexico, US and Canadian borders. The US and Canada rejected Mexico's proposal. This position was reiterated by Mexico's former President Vicente Fox after NAFTA had been in effect for several years. The same sentiment was presented during 2001 when the Mexican Foreign Minister, Jorge Castaneda, indicated that Mexico didn't want piecemeal immigration reform in the US but instead wanted "the whole enchilada" (i.e., open borders). Once again, the US did not agree with Mexico's long-standing objective to allow their citizens to cross into the US to get jobs at will. The fact that Mexico wants US borders to remain open is nothing new and the recent criticism of SB 1070 in my view is simply another iteration of Mexican policy beyond that already exerted over the past twenty plus years. 43. The UN and the Organization of American States ("OAS") have also been cited by

Deputy Steinberg to support the Obama Administration opposing to SB 1070 44. These organizations often adopt positions inimical to US interests and often pass That the US may be subject to additional critical

resolutions critical of the US.

resolutions by the United Nations or the OAS is par for the course for one of the most powerful countries in the world. Deputy Steinberg overstates the effect of SB 1070 and its effects on foreign relations. 45. For example, a number of bodies such as the UN criticize the US for various

things, including: 1) its support of Israel ; 2) the wars in Iraq and Afghanistan; and 3) the Cuban embargo. Simply because the UN asserts criticisms or does not agree with US policy does not mean the US is wrong, that the criticism is warranted, or that it should drive US policy. 46. Some of the very countries and individuals criticizing SB 1070 are among the

most anti-American and corrupt governments and leaders in the world. Aside from Mexico, which is a friend and ally, the most vocal opponents of SB 1070 have been

Venezuela, Cuba, Bolivia, and Ecuador.

These four countries are among the most

virulently anti-American governments in the region. These countries routinely criticize US policy for purely political purposes. 47. First, Rafael Correa, President of Ecuador is an ally of Hugo Chavez and Fidel

Castro. President Correa has confiscated properties without compensation and expelled the US from the Manta air base that was used for surveillance of the Amazon basin and the Andes to prevent narcotics trafficking. To suggest that the US should be concerned about the views of President Correa as it relates to SB 1070 is ridiculous and undermines the credibility of Deputy Steinberg's declaration. 48. Second, Evo Morales, President of Bolivia, expelled the American Ambassador in

2008, accusing the Ambassador of interfering with the internal affairs of Bolivia. In addition, President Morales even expelled the US Drug Enforcement Agency (DEA) and USAID, the US economic and humanitarian assistance program, from his country. To date, the State Department has not sent an Ambassador back to Bolivia. Accordingly, it is disingenuous to imply that the US has significant foreign policy concerns about Bolivia's criticism of US immigration policy or SB 1070. 49. President Morales and President Correa are both members of the Bolivarian

Alternative of the America ("ALBA"). ALBA is the alliance established by Cuba's Fidel Castro and Hugo Chavez. The members of ALBA include Cuba, Venezuela, Ecuador, Bolivia, Nicaragua, and several small Caribbean islands. In my experience, ALBA is nothing more than an anti-American organization controlled by Hugo Chavez and Fidel Castro. Based on my experience, ALBA is used as a vehicle to criticize the US on any number of topics. 50. Third, President Funes from El Salvador was elected as part of the Farabundo

Martí National Liberation Front ("FMLN") party, known as a violent Marxist guerilla group from 1979-1992. The FMLN now purports to be a political party that has

renounced violence. Nevertheless, the current Vice President of El Salvador has been

accused of participating in the deaths of hundreds of people during the period of the Salvadorean civil war (1979-1992). 51. Fourth, Alvaro Colom is the President of Guatemala. Guatemala suffers from

significant governance problems, and the rule of law in Guatemala is essentially nonexistent. Just last month, Carlos Castresana of the International Commission against Impunity (CICIG) resigned his post in Guatemala after saying that he could do no more when the government had not kept its promise to reform the justice system. 52. Paragraph 50 of Deputy Steinberg's declaration further identifies criticism by the

Union of South American Nations ("UNASUR"). This entity was also created at Hugo Chavez's suggestion. The current head of UNASUR is the former President of Argentina, Nestor Kirchner. President Kirchner was accused of massive corruption. His wife, now President of Argentina, received suitcases of cash from Hugo Chavez for her presidential campaign. Given the history of UNASUR and the individuals involved at the leadership level, any suggestion by Deputy Steinberg that UNASUR's opinion should be considered while determining US foreign policy is simply without merit. B. Requiring Aliens To Present Identification or Comply with Federal Law Is Not A Violation of Human Rights 53. Under US law, since 1940, foreign nationals have been required to carry documentation of their authorized presence in the US. 54. Requiring that foreign nationals comply with the requirement to provide

documentation of authorized presence is not a violation of human rights ­ if it were, the US has been violating human rights in this way since the 1940s. 55. US citizens traveling overseas are similarly required to obtain proper authorization

and, in most cases, to carry documentation of authorization on their person at all times. To the extent a US citizen is traveling overseas without proper documents then that citizen is likely breaking the law and should not be heard to complain when the foreign country enforces that law against him. The same standard applies for foreign nationals traveling to the US.

56.

In my experience, it is not unusual even for pro-American foreign governments to

complain about steps taken by the US to limit the ability of their citizens to enter the country. Many times, the basis for the complaints has nothing to do with the fact that they are unwilling to cooperate with the US or that they intend to impose sanctions or take some other step to harm the US. Often, the basis for the complaints is merely a matter of policy because they do not have enough jobs for their populations. Again, for many of the Latin American countries, the US serves as a destination for their unemployed citizens which helps to alleviate the significant burdens associated with high unemployment. 57. To the extent that Deputy Steinberg is concerned about the opinion of the UN This concern is

Human Rights Council ("UNHRC"), that concern is unfounded.

unfounded because countries such as Libya, China, and Cuba are voting members. These countries are gross violators of human rights but frequently sit in judgment of the US and other countries. The UNHRC has also criticized Mexico for its treatment of immigrants making their way across Mexico toward the US border. 58. The United Nations ("UN") resolution regarding SB 1070 is unremarkable. The

United Nations ("UN") regularly adopts resolutions regarding human rights and protection of migrants. Having said that, the United Nations regularly adopts resolutions that the US does not like, and the US says so (e.g., the US regularly criticizes actions that involve Israel). The issues raised in paragraph 46-47 by Deputy Steinberg are not germane to the internal debate in the US about immigration. 59. In paragraphs 31-33 of his declaration, Deputy Steinberg attempts, via innuendo,

to suggest that SB 1070 is violating the human rights of migrants without offering any proof that such rights are being violated. Deputy Steinberg never expressly says SB 1070 violates human rights or explains how SB 1070 is expected to violate human rights. Additionally, in paragraphs 24-25, Deputy Steinberg insinuates that SB 1070 violates treaties such as the Vienna Convention on Consular Relations ("VCCR") which requires

that foreign nationals receive consular notification when in US custody.

Deputy

Steinberg has not explained how SB 1070 expressly or implicitly violates VCCR. US federal law does not violate VCCR, and Arizona mirrors federal law, then the suggestion that SB 1070 implicates the Vienna Convention is simply a mis-statement. 60. I was a US delegate to the UN Human Rights Council on two occasions. In my

experience, the US has questioned the validity of the Council and resigned on at least one occasion. The same is true for UNESCO, where President Reagan withdrew the US from UNESCO because they were constantly undermining the policy of the US and supporting our enemies. At one point, President Bush elected not to participate in the UN Human Rights Commission which was seen by the internationally community as a vote of no confidence. Accordingly, Deputy Steinberg's reliance on criticism lodged by these and similar organizations is misplaced. 61. I have traveled a great deal during my over thirty years in government service and

foreign policy. I have negotiated with violators of human rights. To suggest that the enforcement of existing federal immigration law would make it difficult for the State Department to promote advancement of human rights is a reflection on the State Department and its skills as opposed to SB 1070. IV. The Federal Government Is Targeting Arizona While it Ignores Cities And States That Affirmatively Encourage Non-Compliance With Federal Immigration Law 62. At the same time the US is claiming that Arizona's action in passing SB 1070 has interfered with its ability to coordinate a uniform federal policy, it is ignoring jurisdictions across the country that prohibit their officers from complying with Federal law. My understanding is that several cities and other localities in the US have policies in place that prohibit law enforcement from contacting immigration authorities if they believe a person is in the US unlawfully. Based on my understanding, the Federal government has not pursued any of the so-called sanctuary cities that direct their law enforcement offices to refrain from inquiring about immigration status or contacting ICE.