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To: melancholy
For any lawful stop, detention or arrest made by a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town of this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person. The person’s immigration status shall be verified with the federal government pursuant to United States Code Section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person pro- vides to the law enforcement officer or agency any of the following:

1. A valid Arizona driver license.
2. A valid Arizona nonoperating identification license.
3. A valid tribal enrollment card or other form of tribal identification.
4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.

294 posted on 07/28/2010 12:15:32 PM PDT by Fundamentally Fair (Bush: Mission Accomplished. Obama: Commission Accomplished.)
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To: Fundamentally Fair

FF,

Thanks a lot for the legalese.

I reported what I heard from the two lawyers on FOX. They were talking in terms of MANDATORY REQUIREMENT is blocked by the judge.

Clearly, what you posted doesn’t even imply a MANDATORY REQUIREMENT.


307 posted on 07/28/2010 12:24:03 PM PDT by melancholy
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To: Fundamentally Fair
Not sure what you're quoting there, but it's decidedly inaccurate -- and leaves out what the judge found was a key mandatory provision. The law actually provides:
For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town of this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person’s immigration status determined before the person is released.
The court found that the emphasized language -- left out of your quotation -- required a mandatory determination of immigration status for all arrestees.
318 posted on 07/28/2010 12:48:43 PM PDT by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
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