Judge Blocks Key Parts of Immigration Law in Arizona

Discussion in 'Politics' started by KenH, Jul 28, 2010.

  1. KenH

    KenH
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    July 28, 2010

    Judge Blocks Key Parts of Immigration Law in Arizona

    By Randal C. Archibold

    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.

    In a ruling on a law that has rocked politics coast to coast and thrown a spotlight on the border state’s fierce debate over immigration, United States District Court Judge Susan Bolton in Phoenix said some aspects of the law can go into effect as scheduled on Thursday.

    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.

    - www.nytimes.com/2010/07/29/us/29arizona.html
     
  2. Thinkingstuff

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    The judge addressed the fears I had about this law coming into effect.

     
  3. pinoybaptist

    pinoybaptist
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    the judge is naive.
     
  4. Don

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    I don't get it.

    How does an illegal alien obtain a valid United States driver's license?

    It's that simple, people. I pull you over, and I ask for identification. You produce a driver's license with a valid address. If you're here on a visa, you usually carry that with you anyway. I go back to my police vehicle and enter your information for a search for any outstanding warrants.

    What's the fear?
     
  5. Thinkingstuff

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    To put is succinctly the fear is
    or US citizens.
     
  6. KenH

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    Enforcing a federal law when the U.S. constitution gives the power to make immigration laws to the federal government is one thing. To enforce a state law when the U.S. constitution gives the power to make immigration laws to the federal government and not the states is something different.

    The Congress needs to get moving on this issue. The only way, in my opinion, to deal successfully with this immigration issue is threefold: a path to legal worker status for those immigrants that do not have it, an ongoing worker program for those desiring to come here and work, and consistent enforcement of tough penalties on those who employ people who do not have legal worker status after the previous two steps have been implemented.
     
  7. Don

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    I'm not getting it. What exactly is the fear? That someone will be pulled over, asked for proper ID, and...what?
     
  8. targus

    targus
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    It ain't going to happen.

    Obama has said that our border with Mexico is too big and that the Federal government doesn't have the resources to do the job.

    So they will continue to do nothing.

    What is a State's responsibility to it's citizens when the Federal government refuses to carry out it's duty to protect our nation?
     
  9. Thinkingstuff

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    Jawohl mein kommandant! Dokumente bitte.

    Note, as I've mentioned previoulsy in this debate this federal judge also makes the same evalutation
    and or US citizens. Also note she said
    . These are serious issues for me.

    For instance a sheriff employee said
    The fact is there are many foreign born american citizens who would have to go through this extra detention to verify their status. Also This person indicated that
    which means if a person is a legal citizen and a case is dropped but Identity is not yet determine an extra 48 hours in jail time is automatically implemented. This person is held with out warrent or charge this violates a us citizens rights. Also problematic.
     
    #9 Thinkingstuff, Jul 29, 2010
    Last edited by a moderator: Jul 29, 2010
  10. KenH

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    To follow the U.S. constitution that gives the power to control immigration to the federal government.

    If a state government decides that the federal government is not carrying out its duty to protect our nation becuase it won't bomb Iran or North Korea, should such a state have the right to go and bomb Iran or North Korea?
     
  11. targus

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    Silly comparison.
     
  12. KenH

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    If it is silly, then it should be simple to refute. Care to give it a whirl????
     
  13. StefanM

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    For starters, enforcement of immigration law occurs within the confines of the state. Military action occurs outside of the state.

    Additionally, not only are the illegal immigrants illegal residents of the U.S., they are also illegal residents of Arizona.
     
  14. KenH

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    See how easy that was, Targus. :D
     
  15. KenH

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    The bottom line is I will not support a state violating the U.S. constitution. Article I, Section 8, gives the power to regulate immigration within the United States to the Congress. The Congress failing to do so does not give a state the power to usurp Congressional power.
     
    #15 KenH, Jul 29, 2010
    Last edited: Jul 29, 2010
  16. Earth Wind and Fire

    Earth Wind and Fire
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    This is already being done in Rhode Island. Burden, come on!
     
  17. Don

    Don
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    What? You've never been pulled over by a cop and asked for your driver's license? You must be a better driver than me.

    Those of us who drive automobiles are required to have driver's licenses and proof of insurance at all times. If you get pulled over, and don't have either, the officer automatically starts checking you out a little further.

    So what's the foundation for your Hitlerian comment towards me? And if you can't dispute what I'm saying, then I'd appreciate an apology for likening my comments to nazism.

    Having read through the law a couple of times to try to find the correlating paragraph that would substantiate this claim, I'm not finding it. Granted, I'm not a lawyer, so I'd appreciate your help in determining what part of the Arizona law indicates this.
     
  18. Thinkingstuff

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    I've quoted that part of the law several times on other threads in this debate. Ultimately, and the Phoenix Shariffs dept. Just validated my fears. That If I'm walking down the stree or jogging and a crime happened near by and a police officer thinks I have information about it can question me about the incident. since this is normal activity for the officer he can also ask for my ID. If I don't have it because I'm jogging and he suspects I might be illegal he can further detain me run my prints until my citizenship is verified. As a US citizen that puts me in the position to go to great lengths to prove my citizenship that violates my rights up to 48 hours. Freedom has been taken away by this law. A US citizen should not have to deal with this senario however in AZ they do. And despite what anyone says its a racist law because Mexican or Latino decent is easier to spot than European decent so even US citizens who are of latin decent must put up with interigation and 48 hour detention.

    Its more than asking you for a drivers license. And No I don't get pulled over very often. However, like Nazi germany if you give away one freedom be sure that the rest will fall like a house of cards. It all starts with Ah were just giving documentation. The horror comes later. I will not go to arizona because I'm of Latin decent and if any reason I don't have id on me (getting out of a pool while swimming I can be targeted because of how I look (though they won't say that) and detained for 48 hours while my citizenship is verified. Though I am a born US citizen and have served in the Air Force. I'm patriotic and I believe in holding to freedoms given by our bill of rights. I do not believe nibbling away at liberty is pro american. And I don't think police should have road blocks for DUI Checks either.
     
  19. NaasPreacher (C4K)

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    This is indeed, Ken, the bottom line.

    Many who condemned Chicago for taking gun control into their own hands when they felt that the US government was not doing its job now praise Arizona for doing the same thing.

    This judge did the same thing that the Supreme Court did when it threw out the Chicago gun law. Certain things are mandated to the federal government. States do not have the right to over rule them.
     
  20. StefanM

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    The state is not overruling anything. The Arizona law does not affect the immigration policy of the US in any way, shape, or form. It simply provides a procedure for local officials to uncover illegal immigrants while performing their duties. The illegal immigrants would then be sent to the appropriate authorities for processing.

    If the state were to declare amnesty or were to restrict legal immigration, these policies would be infringing on the authority of the federal government. As it is, however, the law does change the immigration status of anyone. Illegals are still illegal.
     

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