Federal judge halts key part of Arizona's immigration law

[abelisle]

PHOENIX - A federal judge, ruling on a clash between the federal government and a state over immigration policy, has blocked the most controversial parts of Arizona's immigration enforcement law from going into effect.

The parts of the law that the judge blocked included the sections that called for officers to check a person’s immigration status while enforcing other laws and that required immigrants to carry their papers at all times. Judge Bolton put those sections on hold until the issues are resolved by the courts.

http://www.nytimes.com/2010/07/29/us/29arizona.html

Alex

[rudywoofs (Pam)]

I don't know why people are opposed to Arizona's immigration law. California has had one on its books for years:

Quote:

834b. (a) Every law enforcement agency in California shall fully

cooperate with the United States Immigration and Naturalization

Service regarding any person who is arrested if he or she is

suspected of being present in the United States in violation of

federal immigration laws.

( With respect to any such person who is arrested, and suspected

of being present in the United States in violation of federal

immigration laws, every law enforcement agency shall do the

following:

(1) Attempt to verify the legal status of such person as a citizen

of the United States, an alien lawfully admitted as a permanent

resident, an alien lawfully admitted for a temporary period of time

or as an alien who is present in the United States in violation of

immigration laws. The verification process may include, but shall not

be limited to, questioning the person regarding his or her date and

place of birth, and entry into the United States, and demanding

documentation to indicate his or her legal status.

(2) Notify the person of his or her apparent status as an alien

who is present in the United States in violation of federal

immigration laws and inform him or her that, apart from any criminal

justice proceedings, he or she must either obtain legal status or

leave the United States.

(3) Notify the Attorney General of California and the United

States Immigration and Naturalization Service of the apparent illegal

status and provide any additional information that may be requested

by any other public entity.

© Any legislative, administrative, or other action by a city,

county, or other legally authorized local governmental entity with

jurisdictional boundaries, or by a law enforcement agency, to prevent

or limit the cooperation required by subdivision (a) is expressly

prohibited.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=34201815798+2+0+0&WAISaction=retrieve

[Liz]

((((Rudywoofs)))) so happy to see you back!!! Still praying for you sister.

[olger]

I am flabbergasted.

Arizona gets in trouble for enforcing existing Federal immigration laws, and contractors like myself get in trouble for not proving that illegals are legal. I N S A N E, people.

`oG

[Bravus]

Rudywoofs: that California one refers to people already arrested for other crimes. The Arizona one means any person guilty of 'existing with a Hispanic appearance' can be stopped at any time, for any reason or none, and required to show papers, and arrested if they happen to have left them in their other pants. It's a massively different thing.

[phkrause]

I am flabbergasted.

Arizona gets in trouble for enforcing existing Federal immigration laws, and contractors like myself get in trouble for not proving that illegals are legal. I N S A N E, people.

`oG

Obviously since the government, who knows for how many years, have done nothing to solve this thing, why should they all of a sudden do something against the status quo. I do agree that something needs to be done.

[bonnie]

Rudywoofs: that California one refers to people already arrested for other crimes. , and reThe Arizona one means quired to show papers, and arrested if they happen to have left them in their other pants. It's a massively different thing.

Could you please post the information that said .....any person guilty of 'existing with a Hispanic appearance' can be stopped at any time, for any reason or none

[Dr. Shane]

contractors like myself get in trouble for not proving that illegals are legal. I N S A N E, people.

The private sector shouldn't have to verify if some is legal or not. We should have a national ID or a magnetic strip on our driver's license that an employer can swipe and the federal government can verify if the person is able to work or not.

I think the Arizona law is problematic but do not see constitutional problems. This thread could get very political very fast and probably doesn't belong in this section.

[Bravus]

Rduywoofs: that is implicit in the 'requiring immigrants to carry papers at all times'. How do the police and other authorities know whether someone is an immigrant until they ask? And who are they going to ask?

[rudywoofs (Pam)]

Rduywoofs: that is implicit in the 'requiring immigrants to carry papers at all times'. How do the police and other authorities know whether someone is an immigrant until they ask? And who are they going to ask?

Bravsu, it's very easy to carry a green card with one's driver's license or other ID. And what is wrong with asking if someone is an immigrant? What is there to hide? Who will they ask??? Suspicious people. Seems like a no-brainer to me.

[bonnie]

Originally Posted By: Bravus

Rduywoofs: that is implicit in the 'requiring immigrants to carry papers at all times'. How do the police and other authorities know whether someone is an immigrant until they ask? And who are they going to ask?

Bravsu, it's very easy to carry a green card with one's driver's license or other ID. And what is wrong with asking if someone is an immigrant? What is there to hide? Who will they ask??? Suspicious people. Seems like a no-brainer to me.

How many want to pledge to refuse to give name and identity the next time they are pulled over.

[Neil D]

The constitution states that the federal government has jurisdiction over enforcement of immigration laws....And when a state crosses that line and steps up where the Goverment has been lacks [i am talking about the Goverment, not the administration] [iOWs, kinda acting like an "activist Judge"], you guys applaud that.....

There is a decidedly "anti-constitutional" flavor among those who would be for the literal administration of the US Constitution. [aka "constitutionals"] on this board....

Please explain to me the reasons for this hypocritical application...

[bonnie]

When you are 'pulled over', that is because of activity, not skin color, although that happens occasionally and is illegal.

If you had read the law or maybe repeating it accurately it would tell you that there had to be a reason based on activity to be pulled over.

In typical fashion for some of you any actions that deals with someone of another race is done so because of prejudice.

I don't think you are any more qualified to judge the heart of another than Shane is.

Personally the administration should quit playing games and open the borders with a big welcome sign. Jobs should be decided,a translator on hand through out their lives. Of course housing,medical and education be provided for any and all for life that do not learn the language to be able to work.

[Stan]

Yet, all the illegal White Canadians living there, did not seem to be concerned..... Wonder why?

[whbae]

I heard that the proposed AZ law does not contradict with that of US constitution which already has a clause that the police may inquire about one's immigrant status.

I grew up in a country every one must carry an id (this was to prevent the communists' infiltration from North Korea), so carrying an id all the time does not bother me while the Americans who never experienced war on their own soil would oppose things like this saying it is an infringement on our freedom. You may have to think twice on this matter to keep this freedom. You may have to give a little for the sake of a whole lot.

Regarding racial profiling, when 99.9% offenders are Hispanics why is it a racial profiling to question those ethnic group?

Won

[Dr. Shane]

Rduywoofs: that is implicit in the 'requiring immigrants to carry papers at all times'. How do the police and other authorities know whether someone is an immigrant until they ask? And who are they going to ask?

Immigrants are required to carry their Resident card at all times. It says so right on the card. I asked an immigration officer what we should do if my wife was robbed. He told me to make a copy of her card and keep on copy in the house and another in the glove compartment of the car.

[Dr. Shane]

The constitution states that the federal government has jurisdiction over enforcement of immigration laws....

Can you quite the portions of the Constitution you are referring to and any case law associated with it?

[Dr. Shane]

Regarding racial profiling, when 99.9% offenders are Hispanics why is it a racial profiling to question those ethnic group?

Won

58% of the Arizona population is white. 30% is Hispanic. Racial profiling allows one group to harass the other group.

[Tom Wetmore]

In addition I would point out that the vast majority of Hispanics are in the US legally. According to the US Census there are an estimated 48 million Hispanics the US. There are estimated to be 10-11 million illegal immigrants in the US of which 61% are Hispanic. (6.1 - 6.7 million) And of the Hispanics in the United States at least 60% are natural born citizens of the United States.

That means that no matter how you slice it and dice it, enforcement of the the Arizona law targeting everyone that appears to be Hispanic, it is more likely the person is a citizen, and it is more likely that the person is here legally if they are not a citizen.

And for Won's benefit, by comparison for the 12 million or so reported Asians in the US, there are an estimated 1 million illegal Asians in the US.

http://pewhispanic.org/files/reports/44.pdf

http://www.census.gov/population/www/socdemo/hispanic/hispanic_pop_presentation.html

http://www.census.gov/prod/2002pubs/c2kbr01-16.pdf

[bonnie]

Not sure what your issue is, but your post was going somewhere I had not mentioned. I made an observation on the difference between 'suspicious people' and 'suspicious activity'.....haven't a clue as to what you are all about!

There is nothing in the law that dictates or suggests pulling over a specific skin color just for the fun of it.

If you had read the law or maybe repeating it accurately it would tell you that there had to be a reason based on activity to be pulled over.

[rudywoofs (Pam)]

Originally Posted By: whbae

Regarding racial profiling, when 99.9% offenders are Hispanics why is it a racial profiling to question those ethnic group?

Won

58% of the Arizona population is white. 30% is Hispanic. Racial profiling allows one group to harass the other group.

Shane, you avoided Won's question. Why is that?

[Bravus]

Won's question is utterly a lie. '99.9% of offenders are Hispanic' - on what planet?!!

[rudywoofs (Pam)]

Won's question is utterly a lie. '99.9% of offenders are Hispanic' - on what planet?!!

It's not a lie. It's the truth in Mexico. Mexico is on our planet. It's the truth in Central America. Central America is on our planet. In the US, most of the prison population is black. source

[Dr. Shane]

Shane, you avoided Won's question. Why is that?

No, I answered the question. The problem is that so many get confused. Many think that all immigrants are illegal immigrants. That is wrong headed. Most immigrants are legal.

Are large percentage of the Arizona population is Hispanic. Most of them are here legally. Many were born here. There is a real concern that the Arizona law will lead to racial profiling. Won's question was asking why racial profiling is a problem since most illegal immigrants are Hispanic.

The answer is that it is a problem because 30% of the population is Hispanic and most of them are here legally.

How do you prove you are here legally? Do you carry your birth certificate with you? I carry my passport card with me but as an American citizen, I do not have to carry proof of my citizenship with me. Those in Arizona legally (including those born there) have a legitimate concern they are going to be harassed.

Let me share a true story with you. A member of our church in St. Paul, Minnesota owned a BMW. One day he was getting into it in the parking lot of a shopping mall. A policeman stopped and yelled at him. The policeman proceeded to handcuff him and remove his wallet. Calling in the license plate number the police discovered the BMW belonged to the man. The police took the handcuffs off him and asked, 'what is a guy like you doing with a car like that?' The man was born in the US and spoke crisp clear English. Does anyone doubt that Hispanics in Arizona are going to be harassed with this new law?

[Renewed_faith]

Maybe you need to write that in Spanish instead of English... LOL

Maybe the law needs to be in Spanish as well as English

I had to go there... is just too funny in my humble blinded eyes.