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United States v. Arizona — How 'Bout United States v. Rhode Island?
National Review ^ | 07/08/2010 | Andrew McCarthy

Posted on 07/08/2010 7:48:37 AM PDT by SeekAndFind

Well whaddya know? It turns out that Rhode Island has long been carrying out the procedures at issue in the Arizona immigration statute: As a matter of routine, RI state police check immigration status at traffic stops whenever there is reasonable suspicion to do so, and they report all illegals to the feds for deportation. Besides the usual profiling blather, critics have trotted out the now familiar saw that such procedures hamstring police because they make immigrants afraid to cooperate. But it turns out that it’s the Rhode Island police who insist on enforcing the law. As Cornell law prof William Jacobson details at Legal Insurrection, Colonel Brendan P. Doherty, the state police commander, “refuses to hide from the issue,” explaining, ”I would feel that I’m derelict in my duties to look the other way.”

If, as President Obama and Attorney General Holder claim, there is a federal preemption issue, why hasn’t the administration sued Rhode Island already? After all, Rhode Island is actually enforcing these procedures, while the Arizona law hasn’t even gone into effect yet.

Could it be because — as we’ve discussed here before — the Supreme Court in Muehler v. Mena has already held that police do not need any reason (not probable cause, not reasonable suspicion) to ask a person about his immigration status?

Could it be that just this past February, in Estrada v. Rhode Island, the U.S. Court of Appeals for the First Circuit upheld the Rhode Island procedures, reasoning that, in Muehler v. Mena, the Supreme Court “held that a police officer does not need independent reasonable suspicion to question an individual about her immigration status…”?

So, we have a Justice Department that drops a case it already won against New Black Panthers who are on tape intimidating voters in blatant violation of federal law, but that sues a sovereign state for enacting a statute in support of immigration enforcement practices that have already been upheld by two of the nation’s highest courts. Perfect.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: aliens; arizona; illegal; immigration; rhodeisland
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1 posted on 07/08/2010 7:48:38 AM PDT by SeekAndFind
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To: SeekAndFind

Wow


2 posted on 07/08/2010 7:53:59 AM PDT by Pikachu_Dad (Impeach Sen Quinn)
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To: SeekAndFind

Aren’t the procedures also the same as those implemented in Prince William County, Virginia?


3 posted on 07/08/2010 7:55:03 AM PDT by upstanding
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To: Pikachu_Dad

What I’d like to know is this — how does Rhode Island compare with the rest of the other states in terms of the IMPACT of their economy from illegals ?

Dothey for instance, have a smaller number of illegals as a percentage of their state population as other states in the North East ?

The answer to this question will give us an indicator of how effective policies like the one put in place in Arizona will be.


4 posted on 07/08/2010 7:56:10 AM PDT by SeekAndFind
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To: SeekAndFind

We are also trying to get “E-Verify” passed here in RI but the liberals in the General Assembly keep shelving it, refusing to bring it up for vote.


5 posted on 07/08/2010 7:56:30 AM PDT by NMEwithin
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To: SeekAndFind

Obama is an agent of KAOS.


6 posted on 07/08/2010 7:56:33 AM PDT by ClearCase_guy
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To: SeekAndFind

Great article and find by Andrew McCarthy! Thanks for posting.


7 posted on 07/08/2010 7:57:05 AM PDT by Servant of the Cross (the Truth will set you free)
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To: SeekAndFind

FYI, John McCain received 35% of the vote in Rhode Island in 2008.


8 posted on 07/08/2010 7:57:31 AM PDT by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: SeekAndFind

It would seem that Rhode Island is racist too. Who knew?


9 posted on 07/08/2010 7:58:07 AM PDT by equalitybeforethelaw
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To: SeekAndFind

There is history here. Rhode Island was founded as a refuge for Massachusetts heretics and has always been shy of outsiders coming to upset their status quo.


10 posted on 07/08/2010 7:58:18 AM PDT by bert (K.E. N.P. N.C. +12 ..... The winds of war are freshening)
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To: upstanding

RE:


Well let’s say Prince William County, VA has the same policies as Rhode Island...

What I’d like to know is this — how does Rhode Island or Prince William County compare with the rest of the other states/counties in terms of the IMPACT on their economy from illegals ?

Do they for instance, have a smaller number of illegals as a percentage of their state population as other states in the North East because of this policy in place ?

The answer to this question will give us an indicator of how effective policies like the one put in place in Arizona will be.


11 posted on 07/08/2010 7:58:24 AM PDT by SeekAndFind
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To: SeekAndFind

Don’t worry, the lib’rals will find an excuse for why it’s different in RI than it is in AZ. For instance, Arizonans are racists while Nor’easterners are a kind, genteel people.


12 posted on 07/08/2010 8:00:38 AM PDT by randog (Tap into America!)
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To: myboyz

Ping!


13 posted on 07/08/2010 8:01:20 AM PDT by basil (It's time to rid the country of "Gun Free Zones" aka "Killing Fields")
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To: SeekAndFind

“In Rhode Island, home to 1 million people and 30,000 illegal immigrants, the immigration debate has been far more incendiary.”


14 posted on 07/08/2010 8:08:39 AM PDT by NMEwithin
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To: SeekAndFind
...the Supreme Court in Muehler v. Mena has already held that police do not need any reason (not probable cause, not reasonable suspicion) to ask a person about his immigration status

Perhaps this has something to do with why the Holder DOJ did not mention profiling in its lawsuit.

15 posted on 07/08/2010 8:08:39 AM PDT by Palmetto Patriot
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To: SeekAndFind
Link to RI Governor's Executive Order
16 posted on 07/08/2010 8:10:53 AM PDT by NMEwithin
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I got da red-state blues
An dat ain’t not good news
Ahl da political foolz
It’z my wallet dae use
An I don’t know who’s
Gitt’n ahl my money…….


17 posted on 07/08/2010 8:13:44 AM PDT by Cyber Ninja (Rebuke, Renounce, Repeal, Repeat,...)
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To: SeekAndFind

The hypocrisy and racism of the Obama regime is clear for all to see. Not only are they not going after any of the dem states that have similar laws, but why are they not bringing lawsuits against those cities that have signed sanctuary laws? Are those not interfering with federal enforcement of immigration laws?

I hope the judge laughs them out of court.


18 posted on 07/08/2010 8:22:19 AM PDT by Ironfocus
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To: NMEwithin
This link shows the estimated number of illegal immigrants per capita for each state in the USA.

California ranks #1, Arizona #2, Texas, Nevada, Illinois, Colorado, Utah, NY, NJ and Georgia round up the top 10.

Rhode Island ranks #17.

Louisiana ranks dead LAST. Wonder what they've been doing or not doing to cause this happy circumstance...
19 posted on 07/08/2010 8:24:44 AM PDT by SeekAndFind
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To: NMEwithin

FROM WIKIPEDIA

State of Residence of the Illegal Alien Population: January 2000 and 2006
State of residence Estimated population in January Percent of total Percent change Average annual change
All states 11,555,000 100 37 515,000
California 2,930,000 25 13 53,333
Texas 1,640,000 14 50 91,667
Florida 980,000 8 23 30,000
Illinois 550,000 5 25 18,333
New York 540,000 5 - -
Arizona 500,000 4 52 28,333
Georgia 490,000 4 123 45,000
New Jersey 430,000 4 23 13,333
North Carolina 370,000 3 42 18,333
Washington 280,000 2 65 18,333
Other states 2,950,000 26 69 200,000

20 posted on 07/08/2010 8:28:07 AM PDT by SeekAndFind
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