REGION: Three USD professors say Arizona law is constitutional

North County Times ^ | May 13, 2010 | EDWARD SIFUENTES

[SantaLuz]

Arizona's controversial new immigration law probably would withstand legal challenges on constitutional grounds, according to a panel of three UC San Diego law professors.

However, the professors said the law could create problems, such as racial profiling, if it is not implemented properly.

The professors spoke Thursday during a panel discussion on the university's campus in La Jolla hosted by the Institute of the Americas, an organization that promotes cooperation between the U.S. and Latin America.

Arizona's law, Senate Bill 1070, requires police officers to check a person's immigration status if they have a "reasonable suspicion" the person is in the country illegally. It makes it a state crime to be in the country without legal documentation; it already is a federal crime.

Critics say the law, which takes effect later this year, could lead to racial profiling of Latinos and other ethnic minorities. Some Latino and civil rights groups, including the American Civil Liberties Union and the Mexican American Legal Defense and Education Fund, say they plan to challenge the law in court.

Those groups say the Arizona law also violates the U.S. Constitution by interfering with federal immigration power and authority.

Professor Lawrence Alexander, who teaches constitutional law at UCSD, said that argument would fail because the Arizona law does not conflict with federal immigration law. The state law is only seeking to enforce the federal law, he said.

"I don't see anything in this law that is going to fail a challenge on the grounds of federal supremacy," Alexander said.

[fporretto]

However, the professors said the law could create problems, such as racial profiling, if it is not implemented properly.

Good Lord, what law can't create problems if not properly implemented? Every law is capable of being abused, if the police fabricate evidence and the prosecutors go along with it!

But the really big laughs go to the folks who claim the law is "unconstitutional." On what basis? Because the law against illegal entry is a federal law? Would it be unconstitutional for a state trooper to arrest a man for kidnapping?

Washington needs to be reminded that the law is the property of the people, not the government. If only the specific organ of government that passed a law were allowed to enforce it, we would be exposed to the very worst sort of selective enforcement.

Freedom, Wealth, and Peace,
Francis W. Porretto

[Jane Long]

Maybe they’ll clue AG Holder in.

[TigersEye]

El Presidente Calderon is engaging in the same divisive race baiting that Barry0 has been.

SOURCE townhall.com
FR Posted May 04, 2010 by pissant

“Cuba Si!—Arizona No! “ Says Mexican President Felipe Calderon
Townhall, 5/4/10 | By Humberto Fontova

Mexican President Felipe Calderon can hardly contain his revulsion and rage against Arizona’s SB 1070. He’s "deeply troubled" reports the Associated Press over a law he denounces as "discriminatory and racist," not to mention “a dire threat to the whole Hispanic-American population." This new Arizona law "opens the door to intolerance, hate, discrimination and abuse in law enforcement," sputters the Mexican President.

=====================================

Indeed, this “threat to Hispanics” and these “abuses in law enforcement," have been ongoing for years.

The Associated Press carried a story where a Maria Elena Gonzalez, reported how female migrants were “forced to strip by abusive police officers, supposedly to search them, but the purpose is to sexually abuse them." Jose Ramos, 18, reported “that extortion by border police occurs at every stop on their migratory route. Until migrants are left penniless and begging for food.”

According to AP: “Others said they had seen migrants beaten to death by police, their bodies left near the railway tracks to make it look as if they had fallen from a train.

"If you're carrying any money, they take it from you," said Carlos Lopez. "Federal, state, local police--all of them shake you down. If you're on a bus, they pull you off and search your pockets, and if you have any money, they keep it all and say, get out of here.”

All of the above “hate” and “abuses in law enforcement” as reported by the Associated Press, befell Central American migrants who enter Mexico. (Excerpt) Read more at townhall.com ...

61 posted on Friday, May 14, 2010 3:47:00 AM by Liz

[guitarplayer1953]

I lived in AZ when I was a child in the 50’s at that time Phoenix was a small town and Scottsdale was a wide spot in the road so to say. the populations was mostly white and you would see a few Indians at some local stores selling hand made arrow heads and copper bracelets.

[El Cid]

They said it was constitutional.

You have to admit though, you see "UCxx Professors" in the title - and you almost immediately jump to the conclusion that they were going to declare the Arizona law UNconstitutional...
I have a feeling that quite a few people are posting comments without having read what the Professors actually said (although I have to admit that it seemed like they only 'grudgingly' claimed the law was constitutional -- and then they had various disclaimers about needing to be careful not to abuse the law, etc, etc...)

[whence911]

LOL, well some of them are.

[IHateLeftists]

We don’t have that many of them here in Upstate NY except on some farms I think. I honestly don’t know how you guys in the Southwest and Mountain West deal with all of them. I would get so enraged at people so blatantly violating our immigration laws and then having the audacity to call us racist for enforcing our own. Compared to how severely Mexican law treats illegal immigrants, our law (which we don’t even bother to enforce) treats them like little children. We give them free bus rides back.

[IHateLeftists]

I think EVERYBODY here illegally needs to get out of the country. I do sometimes think the focus is too much on the Mexican illegals. They all NEED to go, don’t get me wrong, but there’s another source as well, besides Mexico and greater Latin America — people overstaying their student visas. These people need to be deported as well and banned from re-entry.

[whence911]

Dear Mexican citizens. You and your supporters are correct. American law enforcements officers are very abusive to people here illegally. And our prisons are death traps for citizens of other nations. If you don’t die in the desert, the cops and the jails are sure to get you. Best solution, stay home.

[kevao]

Yes, it’s not what the Constitution says, it’s what the Supreme Court justices say the Constitution says, which normally is not what the Constitution says.

[skeeter]

Yes, any unbiased appraisal from anyone associated with the educational industry in this state is surprising.

[GeronL]

Did the UCSD ever restore the student media funds and their free speech rights?

[TigersEye]

That’s right. The death camps are running 24/7 on the backlog.

[Defiant]

according to a panel of three UC San Diego law professors

That's interesting, since UCSD doesn't have a law school.

[hondact200]

Hey does anyone have Mexico’s Immigration Policy and Arizonia’s Immigration Policy so Freepers can compare the two. I may have missed the posting, as I have been out of town on Thursday and a good portion of Friday for a medical testing 269 miles one way away. Please repost if already done so.

[SantaLuz]

UC schools and professors tend to vary from liberal to very liberal, so this is surprising that they gave this kind of review. Not the Supremes, but it does affect public opinion.

[Oceander]

Every liberal can kiss AZ's butt!



bumper sticker

[NoLibZone]

"law could create problems, such as racial profiling, if it is not implemented properly."

Name a law that doesn't : create problems, such as racial profiling, if it is not implemented properly.

[CodeToad]

The AZ makes it legal for law enforcement to do what was already legal and that is enforce the laws within the confines of the US and State constitutions. They simply made it clear.