35 replies to this topic

[Kafkaesque]

High court rejects part of Arizona immigration law

Quote

The Supreme Court threw out key provisions of Arizona's crackdown on illegal immigrants Monday but said a much-debated portion could go forward - that police must check the status of people stopped for various reasons who might appear to be in the U.S. illegally.

The court upheld the "show me your papers" requirement, but even there the justices said the provision could be subject to additional legal challenges. And they removed some teeth by prohibiting officers from arresting people on immigration charges.

The Obama administration had assailed the Arizona law as an unconstitutional intrusion into an area under Washington's control, and the court struck down provisions that would have made state crimes out of federal immigration violations.

http://seattletimes....mmigration.html

[Taun]

Why would they forbid law enforcement officers from arresting people for breaking the law?

[questionmark]

Taun, on 25 June 2012 - 07:34 PM, said:

Why would they forbid law enforcement officers from arresting people for breaking the law?

Because it is not their job nor their jurisdiction. But nothing stops those officers from detaining the person and calling immigration to make the arrest legally.

Besides that, on grounds of false arrest a whole expulsion procedure of an illegal can be challenged and held up in court for decades.

[Clyde the Glyde]

questionmark, on 25 June 2012 - 07:39 PM, said:

Because it is not their job nor their jurisdiction. But nothing stops those officers from detaining the person and calling immigration to make the arrest legally.

Besides that, on grounds of false arrest a whole expulsion procedure of an illegal can be challenged and held up in court for decades.

But will they ?  Isn't that why Arizona passed this law ?  Because the Federal government won't get involved and make arrests ?

[questionmark]

Clyde the Glyde, on 25 June 2012 - 07:44 PM, said:

But will they ?  Isn't that why Arizona passed this law ?  Because the Federal government won't get involved and make arrests ?

They have to, if the police call immigration and they don't show there will be some guys without a job. That is called dereliction of duty.

The problem here was that Arizona in passing the law had absolutely no interest in working with the Feds but tried to take matters in their own hands. And that was deemed illegal. As it should be.

[Michelle]

questionmark, on 25 June 2012 - 07:47 PM, said:

They have to, if the police call immigration and they don't show there will be some guys without a job. That is called dereliction of duty.

The problem here was that Arizona in passing the law had absolutely no interest in working with the Feds but tried to take matters in their own hands. And that was deemed illegal. As it should be.

I beg to differ. What local law enforcement are regularly told is that there isn't enough man power to send someone there to deal with it. Another excuse is that they will only come if the illegal immigrant has committed a major crime. Usually the feds put local LEO through so much red tape it's not worth it to even arrest or hold them because they almost always let illegals go on a technicality.

[questionmark]

Michelle, on 25 June 2012 - 08:03 PM, said:

I beg to differ. What local law enforcement are regularly told is that there isn't enough man power to send someone there to deal with it. Another excuse is that they will only come if the illegal immigrant has committed a major crime. Usually the feds put local LEO through so much red tape it's not worth it to even arrest or hold them because they almost always let illegals go on a technicality.

Like a false arrest, yes we know. But instead of arresting they might try detaining and call immigration. If they don't show call Chanel 7. Action will follow suit.

[Michelle]

questionmark, on 25 June 2012 - 08:07 PM, said:

Like a false arrest, yes we know. But instead of arresting they might try detaining and call immigration. If they don't show call Chanel 7. Action will follow suit.

No, not like a false arrest. We have a very good friend that was run over on his bicycle by a drunk, illegal immigrant...three of them in the car. They had no insurance, no drivers license and no ID of any kind. Our friend was in intensive care in the hospital, not knowing whether he was going to live or die for months. Finally they came up with bond, after local LEO contacted the feds over and over again, getting one excuse after the other. When they got out, with a court date pending, they disappeared. Our friend is a paraplegic now, with no justice whatsoever.

We jumped through hoops and raised all kinds of hell to get some kind of justice and it was a total waste of time.

Edited by Michelle, 25 June 2012 - 08:25 PM.

[Rafterman]

I'm looking forward to referring to this decision when everyone on the left is blasting the Court for being right-wing zealot hatchet wielders once their final decision of the term comes out this week.

[Kafkaesque]

Obama has said that this law will result in racial profiling; it's hard to say that it will or will not. But you cannot deny that Arizona does have an immense problem with immigration. Some thing has to be done before the situation is exacerbated even more. Since the law-makers perceive the federal government under this incumbent as fairly ineffective; siding with the immigrants so that they can receive more votes, they decided to take matters in their own hand.

Personally, I am all for the state handling its immigration problems. Although the feds will claim it isn't their right to do so.

[DieChecker]

questionmark, on 25 June 2012 - 07:39 PM, said:

Because it is not their job nor their jurisdiction. But nothing stops those officers from detaining the person and calling immigration to make the arrest legally.

The part of the law as the Supreme Court upheld specifically says that the police cannot detain anyone longer then a regular traffic stop unless they have/recieve proof of illegal status. So if they can't get ahold of immigration to check a traffic offender's status, they have to let them go.

The couple articles I've recently read also said that the Feds usually do not detain people for only having an illegal immigration status. They have to have commited a more serious crime. The Feds usually give them a immigration court date and let them go. If they don't show then they can have a warrent put out I suppose??

[DieChecker]

Drayno, on 25 June 2012 - 10:00 PM, said:

Obama has said that this law will result in racial profiling; it's hard to say that it will or will not. But you cannot deny that Arizona does have an immense problem with immigration. Some thing has to be done before the situation is exacerbated even more. Since the law-makers perceive the federal government under this incumbent as fairly ineffective; siding with the immigrants so that they can receive more votes, they decided to take matters in their own hand.

Personally, I am all for the state handling its immigration problems. Although the feds will claim it isn't their right to do so.

I think racial profiling in auto stops is bogus. At least in part. I think if there is evidence, such as video, of a driver commiting a traffic infraction, that is not profiling to pull them over. I suspect that since I'm pretty much a Northerner here in Oregon, that I don't have that 1 on 1 experience with huge hispanic populations like those on the Southern Border do (Arizona?).

My uncle lives in Austin and ever time I've seen him, he's made comments on how the Mexicans we have in Oregon are so much better then those in Texas. Sounds racist, but is it true? Are Mexicans fresh from Mexico more Rough and Wild in their activities then those who've been here 20 years or who were born here?? I think possibly they are.

[ninjadude]

Drayno, on 25 June 2012 - 10:00 PM, said:

Obama has said that this law will result in racial profiling; it's hard to say that it will or will not.

it's not hard at all. It already has.

Quote

But you cannot deny that Arizona does have an immense problem with immigration. Some thing has to be done before the situation is exacerbated even more.

yes, yes I can. It is not different that 10 years ago. It's a neo-nazi thing that got pushed thru AZ. The nazi's and white supremers are the sponsers and pushers behind this heinous legislation. The chicken littles crying about the sky falling, the sky falling are racist "-------"'s. They've gotten other people to uncritically agree that the sky must be falling because other people say so. IT's ridiculous if it wasn't so sad.

[Kafkaesque]

ninjadude, on 26 June 2012 - 02:20 AM, said:

it's not hard at all. It already has.



yes, yes I can. It is not different that 10 years ago. It's a neo-nazi thing that got pushed thru AZ. The nazi's and white supremers are the sponsers and pushers behind this heinous legislation. The chicken littles crying about the sky falling, the sky falling are racist "-------"'s. They've gotten other people to uncritically agree that the sky must be falling because other people say so. IT's ridiculous if it wasn't so sad.

First of all, I am not in Arizona, so I do not know the effects of the immigration first hand. And by all accounts, from what I can presently tell, neither do you. However, I have lived in the south majority of my life. When I lived in north west Florida there were many illegals; not nearly as much as in Arizona, Texas, or any other border state. Still, I witnessed many people, undocumented, illegally working and getting social benefits. You must be drinking the cool aid if you believe them illegally being here is not a problem. It doesn't have to do with race, it has to do with principle. To some people it does have to do with race; to some people, race is everything. But you must look beyond your preconceptions, friend.

I do admit, you are going out on quite a limb to accuse the legislation of having neo-nazi or white supremacist undertones. If I agree that we should deport illegals, does that mean I am a neo-nazi? No, not at all. If it is against any civil law, federal law, or state law - the person who commits the crime should be held accountable. The true chicken little-esque folk are the ones who are crying it's about race - "We are being mean because of the color of their skin, or their culture, or their language - NOT because they tip toed into our nation to take advantage of the loop hole laws that allow them to stay if they have children here!"

[Socio]

http://spectator.org...court-drop-dead

Quote

Within hours of the Supreme Court's decision on the Arizona immigration law -- leaving in place a core section of the law that allows local law enforcement to continue checking the immigration status of anyone suspected of being an illegal -- the Obama administration has just said it will no longer enforce the law.

Fox News reports that the U.S. Department of Homeland Security -- that would be Secretary Janet "Big Sis" Napolitano -- has just announced that the Obamites are "suspending a key program that allowed state and local law enforcement to enforce federal immigration law."

Even though;

Title 8 United States Code, Section 1304(e).

The Feds are required by Law to determine status, and immigrants and visitors are required by law to carry proof with them at all times.

So basically now when the AZ law enforcement make an arrest and suspect the perp of being in the country illegally and call the Feds to verify immigration status which was ruled by the Supreme Court to be within their purview, the Feds can say sorry we can't help you and hang up.

It is not bad enough that the lawless Obama regime refuses to enforce the law, they have setup a special hot-line so the illegals can call and report "civil rights" abuses.


http://hosted.ap.org...-06-25-18-30-49

Quote

The Justice Department has set up a hotline for the public to report potential civil rights concerns regarding the Arizona law that requires police to check the immigration status of those they stop for other reasons.

The hotline phone number is 1-855-353-1010. The email is: SB1070(at)usdoj.gov.

This is really just a fishing expedition to find anything they can spin to their advantage and sue Arizona in to submission, it is so far beyond despicable I don't have the words to describe it.

Edited by Socio, 26 June 2012 - 02:49 PM.