I need help. Federal Judge released a ruling that blocks the following parts of the AZ supplemental law concerning illegal immigration. The judge also blocked parts to prevent illegals from soliciting for jobs. The judge blocks provisions that police with reasonable suspicion of wrongdoing, the exact same standard for searching a car for drugs, or asking if a driver had been drinking, are required to ask if someone is a legal immigrant. “There is a substantial likelihood that officers will wrongfully arrest legal resident aliens,” she wrote. “By enforcing this statute, Arizona would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.” In the ruling the Judge has offered, I find no intellectual explanation for her perception of a 'substantial likelihood' that law enforcement officers will be incapable of lawfully arresting illegals and not arresting people who aren't breaking any laws. Also, the Judge offers no explanation as to what ADDITIONAL burden would be imposed by this law, as the law does not change or add anything that is already federal law that is the currently existing burden on legal aliens. ..... The more I read criticism of this the more I wonder, in my small minded way... The two biggest arguments they assert are 1, it is impossible to inquire about someone's legal status and not be a racist. 2, it is a violation of an illegal's civil rights to inquire. But its never clarified exactly to me what civil right is being violated. The nearest common sentiment I can find among people who argue civil rights it that at the core, they believe it is a civil right to be an American, and that illegal immigration is in fact in their mind, not actually a crime. The Judge's ruling and comments seem to fall in concurrently with these perspectives. I need help with this: If an officer of the law can't investigate in any way if someone has broken a law, what meaning does the law have?
the right to NOT carry around proof. I dont want someone asking me if i am illegal when i am walking down the road.
You don't have such a right when you are driving to not have proof of ID to be lawfully driving. And you do not have a right to NOT carry proof of citizenship at any time if you are not a permanent resident/citizen. That is the current federal law, and the Arizona law changes neither. And even if I take just your sentiment for what its worth, it still doesn't offer an answer to the question I asked. . .
Its more-likely i would be asked since i am not white. That in it self is discrimination. If they asked EVERYONE for it.. itd be just fine.
The law has meaning, it is just the opinion of the judge that immigration laws are in the federal enforcement's jurisdiction and not the state's because of the complications with foreign policy.
But isn't that why AZ tried to pass this law in the first place? It is the federal governments job to secure our border and ensure that people enter the country legally. They failed to enforce the law, so AZ took it upon themselves to fill in the gap within their state.
While the actual cause, that isn't even the issue...and no Berz, her ruling reads what I quoted as an explanation. “There is a substantial likelihood that officers will wrongfully arrest legal resident aliens.” And then offers absolutely no satisfactory explanation to support this assertion. Just abstract boogeymen. I understand your sentiment. But just because you're not white is also not a valid reason to NOT ask you either. As it is, under federal law (which again, Arizona's law doesn't change), if a cop stops you for speeding and asks if you're a citizen and you say yes, then the only thing you need by law is a valid drivers license. The cop can't pursue it any further without a suspicion that will hold up in court if he charges you. This is no different than most laws requiring authorities to be asking for permission to search the vehicle without a warrant or without directly investigating an actual crime. If this type of policy is no good for immigration then it should also be no good for 4th Amendment rights. Yet nobody has made such a stink. If a cop stops someone walking on the street because they're breaking a law and asks if you're a citizen, and then you say 'yes,' he can't pursue the matter any further. This is because you, as a citizen, do not need to carry identification to walk in public. If he ends up arresting them for the crime he stopped them, then during processing for the crime it should be reasonable to verify the truthfulness of claiming citizenry. If it turns out they lied, they should be charged.
So its considered racial profiling if you verify the status of someone who appears Hispanic in an area known for illegals if you are checking to see if they are an illegal.Yet the illegals we are talking about are from Mexico and would more than likely appear Hispanic. If I was in another country and there was a problem with white male criminals I am sure they would leave me alone. Ok,if something is illegal than its illegal.
Her ruling was unconstitutional as she ruled against carrying papers which IS in the the constitution. If you are here legally YOU MUST CARRY your papers. Fucking looser clinton appointee...Nov can't get here quick enough...I am ready for a SLAUGHTER!!! EDIT: remember this is all pollitical, Obama and the worthless AG were against this without even READING the damn thing. But they don't read the fucking bills they pass either so fuckit.
The problem with your example is that you didn't specify something: If you're just asking people who look different if they're here illegally, that is profiling by racial characteristics. This Arizona bill isn't trying to address that. The law is specifically written that people who are suspected of having involvement in breaking the law already, should the officer have reason to believe they are not in the country legally are required to use the existing federal immigration laws to investigate if they are hear legally. As it stands now, if a state cop in AZ pulls over someone for a busted tail light, and he speaks no English, and his VIN number isn't pulling up any expired insurance, let alone a valid current policy, AND he gives a Mexico license, but no immigration papers, the state cop CAN NOT ask him if he's here legally. (even though if he IS legal, he is required by federal law to carry his papers with him at all times to present.) He can only write him a ticket for the busted light and send him on his way. Even if its an arrestable offense, they can't really do anything until after they fail to process him as a legal resident or a citizen. They call ICE at that point.