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Arizona Immigration Law Unconstitutional?
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Arizona Immigration Law Unconstitutional? - April 26, 2010, 09:02 AM

Arizona is going crazy making laws recently. The latest one that allows Officers to question anyone they suspect is an illegal alien and request proof of citizenship. This to me is the most unconstitutional thing I have seen in awhile. Reminding me of the old WW II Movies where the Gestapo asks "Papers Please?". What happened to probable cause or a reason to stop someone? I know the lawmakers are going to hide behind everyone's fear that Illegal aliens are a problem and this "Needs to be done". Much like the H1N1 scare coming out around the same time as Health Care reform scaring people into acceptance, when H1N1 was really an impotent threat. I digress... Questioning anyone you want for no apparent reason other than a suspicion on appearance is wrong. How many US citizens are going to be harrassed by this law, or stopped after being " Racially Profiled "?
The real problem is not the people here tryin gto make a dollar doing the shit jobs no US citizen wants to do even though they are jobless... NO.... the real problem is the people that hire them and treat them like 12 year old Nike Sneaker makers. Make them have to provide proof they hired people and did the proper checks according to the laws already in place. Laws which no one fucking understands. People will say they should come here legally. To those people I ask them to look up the immigration process and tell me how to do it, because most people dont know how, have the means to, or just straight can't afford it.
This law is unconstitutional as it allows Police to question and harass you for no reason. With a black President I knew it was a matter of time for the country to turn their "blame game" and racism to the Hispanic Population. Illegal Immigration is a problem, but harrassing citizens to provide proof of their citzenship at an Officer's whim and for no reason other than "He looks illegal" is ridiculous.
Bottomline is laws like this only breeds hatred and racism. Hatred for people trying to provide for their families, racism towards people that are here trying to make money, and hatred and distrust towards Police and governement which seems to be growing everyday. Good luck getting people in Arizona to talk to Police after this.





http://www.huffingtonpost.com/2010/0..._n_544864.html

PHOENIX Arizona lawmakers approved a sweeping immigration bill Monday intended to ramp up law enforcement efforts even as critics complained it could lead to racial profiling and other abuse.
The state Senate voted 17-11 nearly along party lines to send the bill to Gov. Jan Brewer, who has not taken a position on the measure championed by fellow Republicans. The House approved the bill April 13.
"This bill goes a long way to bringing law and order to the state," said Sen. Al Melvin, R-Tucson, who cited costly services provided to illegal immigrants and the recent slaying of a southeastern Arizona rancher near the U.S.-Mexico border as reasons for the move.
The new measure would be the latest crackdown in Arizona, which has an estimated 460,000 illegal immigrants and is the nation's busiest border crossing point.
Arizona enacted a law in 2005 making human smuggling a state crime and prohibited employers from knowingly hiring illegal immigrants with a law in 2007.
The latest bill would make it a state crime for illegal immigrants to not have an alien registration document. It also would require police to question people about their immigration status if there's reason to suspect they're in the country illegally.
Other provisions allow citizen lawsuits against government agencies that hinder enforcement of immigration laws, and make it illegal for people to hire illegal immigrants for day labor or knowingly transport them.
Republican Sen. Russell Pearce of Mesa, who sponsored the bill, said it will take handcuffs off police and put them on violent criminals. "Enough is enough," Pearce said.
U.S. Sen. John McCain on Monday called the bill a "tool that I think needs to be used." His office later said that wasn't an endorsement.
Story continues below


"It's also a commentary on the frustration that our state Legislature has that the federal government has not fulfilled its constitutional responsibilities to secure our borders," the Arizona Republican said.
Sen. Leah Landrum Taylor, D-Phoenix, predicted the legislation would cause chaos by spawning suspicion among neighbors, friends and relatives about who might be in the country illegally.
"Our state will be going completely backward," she said.
The Mexican American Legal Defense and Education Fund has all but promised a legal challenge if the legislation becomes law.
The organization claims the measure is unconstitutional because the federal government is responsible for immigration enforcement.
"The bill is so vague that it encourages investigation and arrest of people ... who essentially have done nothing wrong but because of their racial profile," said Gladys Limon, an attorney for the Los Angeles-based group.
Mexico's embassy also has voiced concerns about racial profiling.
Arizona law enforcement groups are split on the bill, with a union for Phoenix Police Department officers supporting it and a statewide association of police chiefs opposed.
Calls, e-mails and letters on the bill were running 3-1 in favor, Brewer spokesman Paul Senseman said.
Brewer's predecessor, Janet Napolitano, a Democrat who is now President Barack Obama's Homeland Security secretary, vetoed similar proposals.
Current law in Arizona and most states doesn't require police to ask about the immigration status of those they encounter, and some police officials say allowing such questions would deter immigrants from cooperating in other investigations.
The bill is regarded as carrying political high stakes for Brewer, who faces challenges from fellow conservatives in the Aug. 24 Republican primary.
If she vetoes it, "she would be crushed in the primary," said Mike Gardner, a business lobbyist and former legislator.
Vincent Picard, a federal Immigration and Customs enforcement spokesman in Phoenix, declined comment on the Arizona legislation and referred a reporter to the U.S. Department of Homeland Security's Washington headquarters.
Agency officials gave only a written statement about Homeland Security immigration policy and refused to speak on the record about the Arizona legislation.
Arizona police use the human smuggling law from time to time to charge suspects.
In Maricopa County, however, more than 1,500 people were convicted under that law, with 85 percent immigrants, not smugglers.
To reduce the economic incentive for immigrants to sneak into the country, Arizona lawmakers also approved a civil law in 2007 that prohibits employers from knowingly hiring illegal immigrants.
Authorities across Arizona have examined several dozen complaints of employer sanction violations. But in the more than two years since that law took effect, only two cases have been settled with employers admitting to violating the law.
___
Associated Press Writers Jacques Billeaud and Jonathan J. Cooper contributed to this report.


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April 26, 2010, 09:17 AM

I agree with you almost completely, the legislation is bullshit and infringement in my opinion, but you're going a little too far man.

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With a black President I knew it was a matter of time for the country to turn their "blame game" and racism to the Hispanic Population.
That's bullshit. This legislation in Arizona has been talked about and debated long before Obama became president. It's been a hot topic in Arizona for many years.


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April 26, 2010, 09:20 AM

You mean it's illegal to be in the country illegally but you think it's unconstitutional for a state to enforce the law?


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April 26, 2010, 09:21 AM

I think cops stopping people randomly and asking for papers is bs. If you commit a crime or are suspected of committing a crime, I think it should be part of the id'ing process. If they are found out to be illegals, then deal with it according to the law. Don't like the law? Act to change it or move someplace where you do like it.

Then again, don't be an illegal in the first place and you wouldn't have this problem. I would be willing to guarantee that if you are in Mexico and your Visa is expired that the government there reacts fairly negatively to your presence. Especially if you are supected in a crime or are convicted of one. How about healthcare and general welfare? Will they pick up the tab if I get sick or injured while down in Mexico, as an illegal? How about if times are tough and I need a little cash to float me to cover the rent where I am staying? Is there a plan for that? How about if I decide to have a bunch of kids, who's responsibility is it to ensure that they are fed, sheltered and medically and socially cared for? Will I get to stick around for the next 18 years since they were all born there and it's deemed necessary that I "raise" them?

I'm not saying the system is right in it's current state, but why can't they just apply to be a legal citizen and pay taxes to help ensure the above mentioned issues like everybody else? Yeah, I'm sure it takes time. Is the process that difficult? If it is, then maybe our focus should be to help them to gain citizenship to be productive members (hopefully) of society and not looked upon as second class people.

Adrian, as far as the point you made about them doing the work that "we wouldn't" or something like that, I agree, and it makes me sick. It's sad that some regular citizens won't do certain things because a lot of people believe that it's below them. Last time I checked, money was still green and it still spent the same. People will start to understand as our government starts to lose it's ability to provide for the population that working anywhere will still be work, regardless of how dirty or hard it is.


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April 26, 2010, 09:24 AM

Quote:
Originally Posted by Seijirou View Post
I agree with you almost completely, the legislation is bullshit and infringement in my opinion, but you're going a little too far man.



That's bullshit. This legislation in Arizona has been talked about and debated long before Obama became president. It's been a hot topic in Arizona for many years.
And vetoed repeatedly for its unconstitutionalilty by current DHS Secretary Janet Napolitano.


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April 26, 2010, 09:25 AM

A) It's constitutional.
B) They can't just do it on a whim. The law requires probable cause.

C) I don't like immigration laws. Let's open up all borders. We should mirror every country's immigration law. So if they make it easy for us, we make it easy for them.
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April 26, 2010, 09:26 AM

PS - it will most likely be used for other purposes to put people in jail. Like, you get pulled over for a traffic stop or random sobriety check and BAM, you're in prison for being illegal.
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April 26, 2010, 09:26 AM

Quote:
Originally Posted by Hollywood View Post
I think cops stopping people randomly and asking for papers is bs. If you commit a crime or are suspected of committing a crime, I think it should be part of the id'ing process. If they are found out to be illegals, then deal with it according to the law. Don't like the law? Act to change it or move someplace where you do like it.

Then again, don't be an illegal in the first place and you wouldn't have this problem. I would be willing to guarantee that if you are in Mexico and your Visa is expired that the government there reacts fairly negatively to your presence. Especially if you are supected in a crime or are convicted of one. How about healthcare and general welfare? Will they pick up the tab if I get sick or injured while down in Mexico, as an illegal? How about if times are tough and I need a little cash to float me to cover the rent where I am staying? Is there a plan for that? How about if I decide to have a bunch of kids, who's responsibility is it to ensure that they are fed, sheltered and medically and socially cared for? Will I get to stick around for the next 18 years since they were all born there and it's deemed necessary that I "raise" them?

I'm not saying the system is right in it's current state, but why can't they just apply to be a legal citizen and pay taxes to help ensure the above mentioned issues like everybody else? Yeah, I'm sure it takes time. Is the process that difficult? If it is, then maybe our focus should be to help them to gain citizenship to be productive members (hopefully) of society and not looked upon as second class people.

Adrian, as far as the point you made about them doing the work that "we wouldn't" or something like that, I agree, and it makes me sick. It's sad that some regular citizens won't do certain things because a lot of people believe that it's below them. Last time I checked, money was still green and it still spent the same. People will start to understand as our government starts to lose it's ability to provide for the population that working anywhere will still be work, regardless of how dirty or hard it is.
I'm not 100% sure but I believe that if you entered the country illegally, you will NOT get approved for citizenship.


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April 26, 2010, 09:28 AM

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A) It's constitutional.
B) They can't just do it on a whim. The law requires probable cause.

C) I don't like immigration laws. Let's open up all borders. We should mirror every country's immigration law. So if they make it easy for us, we make it easy for them.
Probable Cause: He looks Mexican and probably illegal... that's all they need bro.
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April 26, 2010, 09:31 AM

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PS - it will most likely be used for other purposes to put people in jail. Like, you get pulled over for a traffic stop or random sobriety check and BAM, you're in prison for being illegal.
And hopefully deported. What's the problem here? Isn't this how it's supposed to work?


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April 26, 2010, 09:34 AM

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And vetoed repeatedly for its unconstitutionalilty by current DHS Secretary Janet Napolitano.
Yeah I agree, but to suppose it's happening now because there's a black president so now racism is shifting over to the Hispanic community is unreasonable.


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April 26, 2010, 09:34 AM

Lao,
You really think the courts would allow that? That'd be like a cop saying he pulled you over because was 3am on a Saturday night coming from the city (so you were probably drinking & driving).

I don't see it flying.
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April 26, 2010, 09:36 AM

I see it more as getting pulled for a normal traffic stop and then getting arrested on an outstanding warrant when the cop runs your license.


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April 26, 2010, 09:36 AM

Mangle, I doubt they'd be deported. AZ like putting people in jail. Sending them home to them is like letting them get away with it and they fear they'll just sneak back in. It's kind of funny though because if you don't want them, why hold them here?
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