Posted on 07/28/2010 10:19:57 AM PDT by God luvs America
strikes down the portion of officials demanding papers from immigrants....no word yet if she has decided this law trumps fed law but she has not struck down entire law...
info is coming in on Fox...
Did anyone expect anything different? Really, the rule is simple, a democrat appointed judge will ALWAYS throw the constitution out the door and rule based on politics.
You want to truly restore the constitution in this oountry. It starts with judicial reform. I propose a constitutional amendment that clearly defines the role of the judiciary and makes strict constructionism the law of the land and ignoring it an impeachable offense.
As the AZ law goes so does our country....GOD I’M SO ANGRY AND SICK OF IT!!
lol ya the illegal part ...cannot determine immigrations status..in other words ...We cannot expect protection from the Federal government
Illegals have all the right. we have none
Originally the thread didn’t permit replies for some reason. I know because I tried to reply and there was no reply box available. I guess the mods fixed it. Good on them.
federal law REQUIRES them to carry their legal status papers. The ONLY nation not so required is Canada.
So they should be able to be asked under federal law.
“9th circus”.. I like that.. LOL..
I can’t wait til this reaches the SC. I think we have a 5-4 there.
Reality vs. Myth: SB1070
Make it illegal in the State of Arizona for an alien to not register with the government, thus being an “illegal alien” (already the case at the federal level: 8 USC 1306a; USC 1304e)
Allow police to detain people where there is a “reasonable suspicion” that they’re illegal aliens (see the recent court case Estrada v. Rhode Island for an idea of what “reasonable suspicion” might entail)
Prohibits sanctuary cities (already prohibited at the federal level, 8 USC 1373) and allows citizens to sue any such jurisdiction
Reality vs. Myth: SB1070
Myth No. 1: The law requires aliens to carry identification that they weren’t already required to carry.
Reality: It has been a federal crime (8 United States Code Section 1304(a) or 1306(e)) since 1940 for aliens to fail to carry their registration documents. The Arizona law reaffirms the federal law. Anyone who has traveled abroad knows that other nations have similar requirements. The majority requests for documentation will take place during the course of other police business such as traffic stops. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country. (See News Hour clip 3:45 seconds in)
Myth No. 2: The law will encourage racial profiling.
Reality: The Arizona law reduces the chances of racial profiling by requiring officers to contact the federal government when they suspect a person is an illegal alien as opposed to letting them make arrests on their own assessment as federal law currently allows. Section 2 was amended (by HB2162) to read that a law enforcement official “may not consider race, color, or national origin” in making any stops or determining an alien’s immigration status (previously, they were prohibited in “solely” considering those factors). In addition, all of the normal Fourth Amendment protections against racial profiling still apply.
Myth No. 3: “Reasonable suspicion” is a meaningless term that will permit police misconduct.
Reality: “Reasonable suspicion” has been defined by the courts for decades (the Fourth Amendment itself proscribes “unreasonable searches and seizures”). One of the most recent cases, Estrada v. Rhode Island, provides an example of the courts refining of “reasonable suspicion:”
A 15 passenger van is pulled over for a traffic violation. The driver of the van had identification but the other passengers did not (some had IDs from a gym membership, a non-driver’s license card from the state, and IDs issued from the Guatemalan Consulate). The passengers said they were on their way to work but they had no work permits. Most could not speak English but upon questioning, admitted that they were in the United States illegally. The officer notified ICE and waited three minutes for instructions.
The SB1070 provision in question reads:
“For any lawful contact made by a law enforcement official or agency of this state . . . where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.”
Myth No. 4: The law will require Arizona police officers to stop and question people.
Reality: The law only kicks in when a police officer stopped, detained, or arrested someone (HB2162). The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything the officer would not otherwise do.
Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has been violated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegal alien.
The Arizona law is actually more restrictive than federal law. In Muehler v. Mena (2005), the Supreme Court ruled that officers did not need reasonable suspicion to justify asking a suspect about their immigration status, stating that the court has “held repeatedly that mere police questioning does not constitute a seizure” under the Fourth Amendment).
Source = http://www.numbersusa.com/dfax?jid=475466&lid=9&rid=123&series=tp06MAY10&tid=999725
I am sick to my stomach. This is disgusting. Now I am 100% positive that something tragic is going down here in Arizona before the elections, and it will be blamed on this.
this is what we will get with kagan
Legal analyst on Fox is rambling, but they have said at least once that Arizona cannot require law enforcement to inquire as to immigration status, but not sure they are prohibited from inquiring.
Lots of rambling without getting to the practical effect.
This administration is in derilection of duty. There are no words of curse that are appropriate enough to encapsulate the arrogance, tyranny and elitism found in Obama, the WH and all his agencies. Hitler would be proud of Obama’s capabilities in securing one of the most totalitarian US governments in the history of the country.
God Help Us!
U.S. District Judge Susan Bolton
http://news.yahoo.com/s/ap/20100728/ap_on_re_us/us_arizona_immigration
Remember in November.
“Opponents say the law will lead to racial profiling and is trumped by federal immigration law.”
It’s the same g#@damn law!
#$@$^& crooks!
http://judgepedia.org/index.php/Susan_Bolton
arm yourselves ....illegals have been empowered.
I guess there’s no need to carry my drivers license around anymore!
Arizona should stop determining IRS orders and all other Federal issues.
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