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Show ALL Forums  > Off Topic  > The real reasons behind Arizona's Immigration Law?      Home login  
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 matchlight
Joined: 1/31/2009
Msg: 101
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The real reasons behind Arizona's Immigration Law?Page 5 of 23    (1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23)

I would just like to hear you cast some blame and responsibility to those who have actually created this situation


The reason they don't do that is because what they really want is for anyone they happen to sympathize with to have the right to violate U.S. immigration laws. I can't imagine a more basic duty of any government than to protect the borders and the sovereignty of the country it represents. That's obviously fundamental to defending any nation. People who think citizens of other countries have a right to challenge this country's control of its territory couldn't make their contempt for America any clearer.
 Imported_labor
Joined: 3/7/2008
Msg: 102
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 3:27:27 PM
What, specifically, are you claiming this statute does, as to race, that's unconstitutional? And what specific part of the U.S. are you claiming it violates? If this law's as obviously unconstitutional as you imply, that shouldn't be hard to answer.


I guess my response to your challenge didn't sit very well with you.

As for the problem with the law requiring police officers to violate people's rights in the US under the penalty of lawsuits if they don't engage in the racial profiling and violation of constitutional rights required by the Arizona immigration law, please feel free to check previous posts in the other thread about this topic where I included the link to the actual text of the lawsuit against the governor of Arizona that officer Martin Escobar initiated.

To make it easier for you, check this link:
http://www.scribd.com/doc/30718652/Arizona-immigration-lawsuit
 DaveB951
Joined: 4/12/2008
Msg: 103
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 3:48:57 PM

and if you are lucky to meet one of professional, courteous police officers who are doing their job to the best of their abilities

Clearly by the above statement you are quite biased and obviously quite blinded by this bias and it would be difficult, if not impossible to have a reasonable debate with you on this issue.

I am more then willing to listen to reason but I still have not heard anyone place any blame or responsibility " what so ever " to the millions who cut in line, ignore and violate US immigration law......
 Earthpuppy
Joined: 2/9/2008
Msg: 104
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 3:55:20 PM
Like those in the southwest of the US, most European immigrants were illegal as they stole land from the indigenous inhabitants. I now live in the region that the Cherokee removal, the Trail of Tears, took place in the 1830s. European illegal aliens had little remorse at the time for stealing prime lands here, as they did in the Mexican territory. To now try to take the moral high ground of "our country", after taking the lands of others ring hollow. The sovereignty of the first nations were not respected and most ended up in concentration camps/"reservations".
http://www.nwppc.org/history/indiantreaties.asp

As an example, the Irish that dominate this region and much of the US economy, came here as illegal immigrants. Many still do but fail to show up on the radar as O'bama and McCain were both of Irish descent.
http://www.latimes.com/news/opinion/commentary/la-op-rodriguez8apr08,0,1081193.column
http://www.youtube.com/watch?v=EADUQWKoVek

The problem remains, as one American born, hispanic woman put it on NPR tonight, she was behind a cop, forgot her purse at home and envisioned months in jail. Protesters on MayDay today wore yellow armbands with the Star of David on them to recall a similar time in another increasingly fascist/racist nation.
 matchlight
Joined: 1/31/2009
Msg: 105
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 4:07:43 PM
Where does this statute authorize officers to arrest someone for failing to show they're not an alien unlawfully present in the U.S.? It purposely leaves it up to the feds to determine whether that's true. What you're ignoring its that officers can temporarily detain anyone if they have a reasonable suspicion of illegal activity. Your statement implying that "detained" and "seized" are the same thing is not correct. The term "seizures" in the 4th Amendment refers to things, not to the detention or arrest of a person.

The police can do more than just question someone when they have reasonable suspicion, without placing the person under arrest. A "stop and frisk" or "Terry stop" is a typical example of this. The fact you're not free to leave, by itself, does not mean you're under arrest. That only kicks in after the detention becomes more than temporary, although there is no fixed time limit after which a temporary detention becomes an arrest.

Incidentally, you're overstating a person's right to refuse to answer a question by police. Under some circumstances, the rules of evidence allow a person's failure to answer to be considered an admission of guilt.

You haven't made the case. You've made a lot of interesting speculations, but that's it. What you've completely ignored is that the failure of even an alien who's here legally to carry evidence of that is illegal by itself. The federal statute I cited that makes it illegal wouldn't mean a thing if there were no way to enforce it without violating the 4th Am. States can't be compelled to enforce federal laws. But at the same time, nothing in the Constitution prevents a state from making a law that requires state officials to enforce a federal law. And that's what the Arizona statute does.
 mungojoe
Joined: 11/15/2006
Msg: 106
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 4:08:52 PM
just ONCE, I would just like to hear you cast some blame and responsibility to those who have actually created this situation........

You got it...

Illegal immigration is the fault of greedy, capitalist corporations, small business and agriculture who rely on the use of grossly underpaid illegal workers in order to maximize profit... Without them, there would be little to no benefit from illegal immigration...

Illegal immigration is also the fault of greedy, self-entitled Americans who think that they are entitled to what is arguably the leastest expensive 'food basket' in the developed world that requires corporations, small business and agriculture to rely on the use of grossly underpaid illegal workers to provide...

Drug gang issues related (tangentially) to illegal immigration is the fault of a puritanical, prohibitionist drug policy and a reliance by US gov't agencies upon foreign drug production/US drug smuggling to fund covert operations that create an underground criminal economic community which the drug gangs access by exploiting the illegal workers lured to the US by the 'perpetrators' listed in the two points above...

In short, the illegal immigration problems are the fault of just about everybody BUT the illegal immigrants...

The term "seizures" in the 4th Amendment refers to things

You are completely wrong on that point... seizure refers to both the person and his 'things'

Seize
Definition - Transitive Verb
1 : to put in possession of property or vest with the right of possession or succession
2 : to take possession or custody of (property) esp. by lawful authority <~ drugs as evidence>
compare foreclose repossess
3 : to detain (a person) in such circumstances as would lead a reasonable person to believe that he or she was not free to leave

http://research.lawyers.com/glossary/seize.html
Incidentally, you're overstating a person's right to refuse to answer a question by police.

No, I'm not... SCOTUS has CLEARLY ruled that refusal to answer questions DOES NOT, in itself, constitute "probable cause"...

The police can do more than just question someone when they have reasonable suspicion, without placing the person under arrest. A "stop and frisk" or "Terry stop" is a typical example of this.

Under certain specific conditions... such as ensuring the lack of weapons... But "Terry Stop" rules DO NOT cover refusal to answer questions...

The fact you're not free to leave, by itself, does not mean you're under arrest.

It DOES however, mean that you are 'detained' or 'seized'...
 matchlight
Joined: 1/31/2009
Msg: 107
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 4:25:30 PM

another increasingly fascist/racist nation.


What irony. The very people who are doing the most to bring about what you lament so much are the statists who are pressing for an ever more powerful national government. The concepts of multiculturalism and political correctness you're clearly so fond of are an important part of that effort. Regarding people in terms of their racial identity is the stuff of the Third Reich, and yet it runs all through the articles you cite approvingly and your comments on them.

By running the traditions and culture of this country down while glorifying everyone else's, you hope to wear away everything our Constitution stands for, and by doing that pave the way for gradually installing a totalitarian system. Nothing could be more fundamentally un-American.
 sweetness-one
Joined: 10/17/2005
Msg: 108
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 4:40:23 PM

Illegal immigration is the fault of greedy, capitalist corporations, small business and agriculture who rely on the use of grossly underpaid illegal workers in order to maximize profit... Without them, there would be little to no benefit from illegal immigration...

Illegal immigration is also the fault of greedy, self-entitled Americans who think that they are entitled to what is arguably the leastest expensive 'food basket' in the developed world that requires corporations, small business and agriculture to rely on the use of grossly underpaid illegal workers to provide...


And I agree with you, by and large, 100%, as I've already said. Also to add, whether it be via illegal immigrants doing the work, or outsourcing to get t-shirts made to sell at Walmarts for 3 bucks a pop....the result is still the same. Both the corporations and the consumers are benefitting. Anyone pretending otherwise, is a mushroom, IMO.

But, at some point too...all problems start at home, so it's not a 'get out of jail free card' to say it's the country where everyone is immigrating to's fault, either. Ever been to Mexico? Ever seen the paraphernalia their gov't hands out freely to the people, about how to "get into the US"? Problems start at home, and...well I am, and likely always will be of the opinion, that if things are bad enough at home? Change them. Change comes from within, after all. Enough have to force the change, for it to happen, IMO.
 MavcomArt
Joined: 8/4/2006
Msg: 109
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 5:26:49 PM
I have just gone through all of the hoops involved in immigrating to another country. It is not easy, it is not cheap, and not everyone that attempts it will be successful for what ever reason the receiving country warrants. The country I am immigrating to is England. When I go there I will not look any different that any other English male who is Caucasian. If I get stopped and asked for my papers will I be a victim of racial profiling because I am also Canadian? If I have my papers it will be "Have a nice day sir." If I don't have them on me I will have to prove I have them. If I don't have any papers at all I will be arrested and on the next plane or boat back to Canada and rightly so.

There are people that are legally in Arizona that are originally from Mexico, are of Mexican or Spanish descent, or look Mexican. It is the ones that are there illegally that are the problem. There are people in all kinds of countries that are there illegally and the people there legally do not like it at all. White or black, green or blue, show me your paper and there will be no trouble for you.

All the authorities in Arizona need to do is ask everyone. As far as a vote getting conspiracy goes, that may be true and so what! If you do not belong in my country legally, get the hell out. This has nothing to do with race or discrimination except for the people that think they can gain an advantage by making it so.
 mungojoe
Joined: 11/15/2006
Msg: 110
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 5:30:16 PM

Where does this statute authorize officers to arrest someone for failing to show they're not an alien unlawfully present in the U.S.?

The statute makes it a State-level crime to be "unlawfully present"... It empowers officers to demand proof where they have suspicion that the person is unlawfully present... And it empowers the officers to take custody (that means 'arrest') and hand the person over to federal immigration authorities (even outside of Arizona jurisdiction, meaning they can 'dump' them in New Mexico or Nevada if they want)...

Now... You tell me what they are going to do if they ask for proof and someone refuses by stating "I'm an American citizen. I was born in this country"...

Will they simply say "OK, no harm, no foul, I was just asking" and go about other business, just in case the person actually is a natural born citizen...?

Or...

Will they arrest under suspicion of being "unlawfully present" and what will they use as their "probable cause" other than the refusal to provide proof...?

Or...

Will they arrest them for a "lawn maintenance" or other by-law violation for which arrest is not legislated (rather than hand-out the legislated citation and leave) and then turn them over to federal authorities under suspicion of being "unlawfully present"...?
 sweetness-one
Joined: 10/17/2005
Msg: 111
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 6:01:40 PM
And what are you doing from Ontario, to help change this, Mungo Joe?

Please list details, after all.
 DaveB951
Joined: 4/12/2008
Msg: 112
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 6:05:05 PM
Illegal immigration is the fault of greedy, capitalist corporations, small business and agriculture who rely on the use of grossly underpaid illegal workers

If the wages are that grossly underpaid then what would be the motivation for someone south of the border to risk life and limb and even pay someone to bring them here and work for these so called grossly underpaid wages ?

Unless of course these wages are a vast improvment of what is actually going on in the country of their origin.....

I mean, no one is kidnapping anyone and forcing them to work at grossly underpaid wages..... they are doing it freely and willingly.

It must be pretty bad when grossly underpaid wages here are a vast improvement to the economical/political environment in their home country but you don`t hear anyone staging rallies about how Mexico is mistreating its own through massive corruption, fraud and cronyism.....

So as another poster put it...... where does it all really begin ......

It begins at ground zero and ground zero is Mexico. But for whatever reason...... the government of Mexico gets a pass. How come ?

And yes, I am sure there are some corporations, some businesses and some individuals guilty of taking advantage of these aliens and they should be fined and punished to the full extent of the law. No exceptions..
 Earthpuppy
Joined: 2/9/2008
Msg: 113
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 7:06:47 PM
"It begins at ground zero and ground zero is Mexico"

Actually, ground zero is the US. We decided long ago that we could not afford each other and demanded child and prison labor via Mal-Wart, cheap food via the backs of Latino labor, that our own children needed a college education to avoid real work, that saving 5% on anything was worth more than quality or community. We killed the unions, we spoiled the workforce, we accepted chemical food things over real food, we accepted poisoning people for cheapness, we accepted a lot in exchange for our fantasy world.

NAFTA was designed and accepted as a means to drive people off their lands for our cheap-azz crap and corporate control of peasant lands. We signed off on cheap-azz crap as a right. Now that the people from communities we trashed out are willing to move a thousand miles north to do work we are too lazy or unwilling to do, it is somehow their fault. Ground Zero is here. Look at your kids and their friggin spoiled azz ways, how they cannot show up more than two days in a row or call when they are hungover, how they make excuses up the wahzoo when they are not high on meth. I try to hire them. Went through over 50 of them in a couple of years and finally hired a kid in his 50s that still knew how to work. If you look at the trades in the US today, it is both graying on the anglo side, and browning on the replacement side. There are very few psychology majors willing to do blue collar work.

Mexico, Central America and other colonies are a symptom of our disease. We make these people and places scapegoats because we refuse to accept personal responsibility for the world we demand and created.
 OMG!WTF!
Joined: 12/3/2007
Msg: 114
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 8:19:20 PM
And it empowers the officers to take custody (that means 'arrest') and hand the person over to federal immigration authorities (even outside of Arizona jurisdiction, meaning they can 'dump' them in New Mexico or Nevada if they want)...


That doesn't seem very likely.


Now... You tell me what they are going to do if they ask for proof and someone refuses by stating "I'm an American citizen. I was born in this country"...


What if the person says "Soy Americano. Nacio aqui"? It's not unreasonable to expect state authority to enforce laws that effect the state. Oregon doesn't have the same issues. It's also not unreasonable to expect people to carry a card detailing their legal status. I have to carry my driver's license which I realize is different because I can't get kicked out of the country I live in because I don't have it on me. But I could have my car impounded if the cop is pissy. Or at the very least have to show up in court a few months down the road and prove I had it. I would assume any "legals" who get caught without would have the same opportunity before getting drug across the border to Nevada for some weird reason. Man that'd be weird. Legally working in Phoenix one day, handing out escort cards on the Strip the next. Truly only in America.

The feds have always had road blocks and check stops on the highways heading north from the border in AZ. They stop you, ask you where you're from and check you out thoroughly if you're not American. What's the diff? That should actually be worse because people are just driving, not doing anything otherwise illegal or suspicious...other than heading north from the border I mean.


NAFTA was designed and accepted as a means to drive people off their lands for our cheap-azz crap and corporate control of peasant lands.


That's way too simplistic. Not saying you're wrong, but there's way more to it than that. Hardly any Canadians have been driven from their ancestral villages.


Mexico, Central America and other colonies are a symptom of our disease. We make these people and places scapegoats because we refuse to accept personal responsibility for the world we demand and created.


Okay. But I don't think you're entirely that important. Mexico has a long history of corruption on every political level and in every authoritative jurisdiction which absolutely contributes to its economic failings and the push to El Norte.
 matchlight
Joined: 1/31/2009
Msg: 115
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 9:09:41 PM

I guess my response to your challenge didn't sit very well with you.


When you say this law requires police to "violate people's rights" and requires "racial profiling" (whatever that may be) and violation of constitutional rights, you're only asserting the uninformed conclusion you've jumped to. That's not reasoning--and it is no response at all to my challenge to state specifically what constitutional guarantee you think this law violates, and how. You can't answer, so you refer me to someone's suit. You've revealed yourself as yet one more person who's made up his mind this issue on the basis of his own biases.
 matchlight
Joined: 1/31/2009
Msg: 116
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 9:33:29 PM

and the consumers are benefitting.


You must be kidding. It costs, on average, about $11,000 per year to educate each child of an illegal alien in California. It costs much more yet to give the several million illegal aliens in California subsidized medical care in emergency wards and police and fire services, to have them wearing out the public roads, sewers, and utilities, to pay for state and local welfare programs they use or defraud, to lose productive time and gains in air quality to the increased traffic congestion they cause, and so on.

Considering the fantastic cost of having aliens living here illegally, anyone's going to have to save a heck of a lot of money on buying lettuce or chicken or having his lawn mowed or house cleaned or kids watched to benefit from it. It's not even a close call.
 DaveB951
Joined: 4/12/2008
Msg: 117
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 10:08:58 PM

We killed the unions

The unions killed themselves. The corruption and fraud was almost to the level of the Mexican Gov`t.

But hey, as a former teamster member who took honorary withdrawl 25 years ago and counting, thats just my opinion........ (BTW..... did they ever find Hoffa) ?


that our own children needed a college education to avoid real work

Now education and educating your children is an evil conspiracy against the brown man huh. Ummm, oooooooooo k.

I`m done with this thread. The I hate America bias is simply to thick for rational debate....


 matchlight
Joined: 1/31/2009
Msg: 118
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 11:47:23 PM
The statute makes it a State-level crime to be "unlawfully present"


The state legislature has made a number of minor changes in the statute in response to various mischaracterizations. You're making one right here. This statute does NOT make that a crime.

"For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency," the statute requires that official or agency to make "a reasonable attempt . . . when practicable," to "determine the immigration status" of a person "where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States."

The legislature has added an explanatory note to the statute saying that the substitution of the phrase "lawful stop, detention or arrest" for "lawful contact" in an earlier version "stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state.”

I hope you're not trying to say a state can't enforce a federal law if it chooses. States most certainly can, and do. The clear purpose of this statute is to enforce federal laws, including the one I cited and quoted--and which you have continued to ignore--8 U.S.C. sec. 1304 (e). This section requires every alien 18 or older to "at all times carry with him and have in his personal possession [a] certificate of alien registration or alien registration receipt card." Failure to comply is a misdemeanor punishable by a fine, a jail term, or both.

The very first section of the Arizona statute, 11-1051 A., states that:

NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
EXTENT PERMITTED BY FEDERAL LAW.

First, the official or agency has to have stopped, detained, or arrested a person to enforce some *other* state or local law. Then, if a reasonable suspicion exists that a person's an alien who's unlawfully present in the U.S., the official or agency must make a reasonable attempt, if practicable, to determine the person's immigration status. (In practice, the drafters of this statute expect it would most often be used in vehicle stops.) If the person shows a valid driver's license or one of several other forms of ID, it creates a legal presumption he's here legally, which removes the reasonable suspicion that he's not.

If the person can't produce a license or some other acceptable ID, the official would probably call the nearest office of the appropriate federal agency. (Another federal statute requires the agency to furnish a state this information on request.) If the federal office couldn't verify the person's immigration status, that would create the probable cause to suspect a crime--namely the violation of the federal statute, sec. 1304 (e). *Only then* could the official or agency place the person under arrest, and if that happens, the statute authorizes transporting them to be taken into custody by the federal agency. That agency would then make the final determination whether the person was violating federal immigration laws.
 mungojoe
Joined: 11/15/2006
Msg: 119
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The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 11:52:42 PM
That doesn't seem very likely.

That the section exists...? Or that they would use it...? I suspect that it was included in case the fed's balk at the bill and refuse to accept transfers at Arizona federal facilities... But that's just my guess...

What if the person says "Soy Americano. Nacio aqui"?

Seems perfectly reasonable, given that it is ARIZONA... Originally settled by the Spanish, then Mexican territory... Where Spanish is a "founding language"... And, actually, THE ORIGINAL European "founding language"... Do you think a natural born American citizen of original Spanish (or even Mexican) heritage from before Arizona was even US territory shouldn't have the right to answer in his family's traditional language...?

The feds have always had road blocks and check stops on the highways heading north from the border in AZ. They stop you, ask you where you're from and check you out thoroughly if you're not American. What's the diff?

Ask the Supreme Court... They're the ones that ruled that stops at known, fixed checkpoints on border highways were acceptable because people can choose whether or not to drive that route but that random, roving stops were a violation of the 4th amendment...


The statute makes it a State-level crime to be "unlawfully present"



The state legislature has made a number of minor changes in the statute in response to various mischaracterizations. You're making one right here. This statute does NOT make that a crime.

I am not making a mischaracterization there...

"For any lawful stop, detention or arrest made by a law enforcement official or a law enforcement agency," the statute requires that official or agency to make "a reasonable attempt . . . when practicable," to "determine the immigration status" of a person "where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States."

The legislature has added an explanatory note to the statute saying that the substitution of the phrase "lawful stop, detention or arrest" for "lawful contact" in an earlier version "stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state.”

I hope you're not trying to say a state can't enforce a federal law if it chooses. States most certainly can, and do. The clear purpose of this statute is to enforce federal laws, including the one I cited and quoted--and which you have continued to ignore--8 U.S.C. sec. 1304 (e). This section requires every alien 18 or older to "at all times carry with him and have in his personal possession [a] certificate of alien registration or alien registration receipt card." Failure to comply is a misdemeanor punishable by a fine, a jail term, or both.

However, you are making one here and above... You are conveniently ignoring this part of the bill...

40 13-1509. Trespassing by illegal aliens; assessment; exception;
41 classification
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
S.B. 1070

And includes these penalties... IN ADDITION TO FEDERAL PENALTIES...

11 D. IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW, THE COURT SHALL
12 ORDER THE PERSON TO PAY JAIL COSTS AND AN ADDITIONAL ASSESSMENT IN THE
13 FOLLOWING AMOUNTS:
14 1. AT LEAST FIVE HUNDRED DOLLARS FOR A FIRST VIOLATION.
15 2. TWICE THE AMOUNT SPECIFIED IN PARAGRAPH 1 OF THIS SUBSECTION IF THE
16 PERSON WAS PREVIOUSLY SUBJECT TO AN ASSESSMENT PURSUANT TO THIS SUBSECTION.
17 E. A COURT SHALL COLLECT THE ASSESSMENTS PRESCRIBED IN SUBSECTION D OF
18 THIS SECTION AND REMIT THE ASSESSMENTS TO THE DEPARTMENT OF PUBLIC SAFETY,
19 WHICH SHALL ESTABLISH A SPECIAL SUBACCOUNT FOR THE MONIES IN THE ACCOUNT
20 ESTABLISHED FOR THE GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT
21 MISSION APPROPRIATION. MONIES IN THE SPECIAL SUBACCOUNT ARE SUBJECT TO
22 LEGISLATIVE APPROPRIATION FOR DISTRIBUTION FOR GANG AND IMMIGRATION
23 ENFORCEMENT AND FOR COUNTY JAIL REIMBURSEMENT COSTS RELATING TO ILLEGAL
24 IMMIGRATION.
....
27 G. A VIOLATION OF THIS SECTION IS A CLASS 1 MISDEMEANOR, EXCEPT THAT A
28 VIOLATION OF THIS SECTION IS:
29 1. A CLASS 3 FELONY IF THE PERSON VIOLATES THIS SECTION WHILE IN
30 POSSESSION OF ANY OF THE FOLLOWING:
....
38 2. A CLASS 4 FELONY IF THE PERSON EITHER:

That, my dear sir, is a STATE LAW that creates an offence of "being unlawfully present" (which is EXACTLY what "trespass" means)... And that means you can be arrested for suspicion of being "unlawfully present", in and of itself...
 fishiesfishies
Joined: 9/5/2009
Msg: 120
The real reasons behind Arizona's Immigration Law?
Posted: 5/1/2010 11:57:01 PM
When a Gringo is arrested by your corrupted cops in Mexico, he is not only bribed but tossed into jail, and it can be just because he is a Gringo and the corrupted cops smell money......No where does a Gringo have a chance to plead racial profiling or corruption.....You must make it it your full time hobby to exploit every loophole that you can while hating your Gringo adopted land...
 cooldude
Joined: 4/26/2004
Msg: 121
The real reasons behind Arizona's Immigration Law?
Posted: 5/2/2010 12:40:32 AM

It begins at ground zero and ground zero is Mexico.


Mexico stands at 10th in the world for the largest gross national product.

Who's the richest man in the world? Bill Gates? Wrong, its Carlos Slim Helú, Mexican national.

So whats wrong with this picture? Why does Mexico rank so high, but has so many poor people?

Is it the greedy American businesses that rely on cheap labor?

My belief is Mexico's rich and also their corrupt government. If their government provides for their own people with good paying jobs, they would have no reason to go into the United States.

Charity begins at home, not across the border.
 davdo
Joined: 8/4/2008
Msg: 122
The real reasons behind Arizona's Immigration Law?
Posted: 5/2/2010 1:47:18 AM
We need to spend the money to have an effective Immigration Policy. We don't have enough enforcement. We don't allow enough legal workers in. Why can't industries that need labor just tell the gov't how many to let in? Gov't says how many get in till industries say they have enough. We also need to protect these workers from industry abuse (no unpaid overtime, proper compensation, safety conditions, and other standard labor protections).

Since these employers and companies are benefiting from a criminal conspiracy to illegally employ people the company officers, board members, and share holders should be prosecuted under the RICO statues have all the property and profit seized, fined and thrown in the slammer with the money collected going to fund immigration enforcement. That should end all this problem real quick.
 matchlight
Joined: 1/31/2009
Msg: 123
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The real reasons behind Arizona's Immigration Law?
Posted: 5/2/2010 4:10:41 AM

And that means you can be arrested for suspicion of being "unlawfully present", in and of itself...


OK--we were talking about the first section, which is the heart of the statute, and you were talking about something in 13-1509, the secondary section that deals with trespassing. A little tricky of you, but I'll let that ride. It doesn't change anything, because it doesn't authorize what you claim--arresting someone on suspicion they're unlawfully present. Reasonable suspicion isn't enough to justify an arrest.

Officials can detain a person temporarily if they have a reasonable suspicion he's violating a law--here, by being an alien unlawfully present in the U.S. But to arrest him, they need probable cause to think he's violating a law--for example, the fact there's no record indicating he's lawfully in the U.S. Again, you're mixing up the two standards for detention, and that's what's making your conclusion incorrect. You think this law allows arrests to happen earlier in the process--and therefore before the official or agency has enough information to justify an arrest--than it really does.

Asking the person for a driver's license, passport, visa, etc. placing a quick call/e-mail, etc. to the authorized federal immigration agency if he can't document his right to be in the U.S., and making a final determination of his status all take place during the temporary detention. And the officials or agency need only a reasonable suspicion to start this detention.

This other part of the statute makes it the criminal trespassing for an alien to be in Arizona without the proof he's in the U.S. lawfully that the federal statute requires aliens 18 or older always to carry. Just as in the main part of the statute, the crime is being present in the U.S. without having the required documents. But here, there's an exemption, 13-1509 F. :

THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES.

So if you have the documents authorizing you to remain in the U.S., 13-1509 doesn't even apply. In other words, U.S. citizens, resident aliens, and legal non-resident aliens (e.g. vacationers) are all exempt from this part of the statute; the only people who are not are aliens who are here unlawfully. As noted earlier, the Court's made clear the 4th Am. doesn't require officials to have any reasonable suspicion of a violation of law to question a person briefly, or to ask for identification. Of course, under those circumstances, the person's free to refuse.

Even though this part of the statute doesn't mention reasonable suspicion, it's pretty obvious officers experienced with routes used by traffickers in narcotics, in slaves and prostitutes, etc. know the areas these people frequent. Just seeing someone in one of those areas--particularly if the person looks or acts like an illegal alien, based on the official's training and experience with illegal aliens--would often create the reasonable suspicion a law was being violated. And that's all the official would need to detain the person temporarily on suspicion of trespassing. If the person shows he's here lawfully, there's no longer any reasonable suspicion of a trespass and therefore no reason to detain him any longer under this part of the statute.

But if the person can't produce any of the approved documents, the official or agency can call the federal immigration authorities to verify his immigration status as 8 U.S.C. 1373 (c) authorizes. The Arizona statute says either a federal official the government's authorized to determine immigration status, or the state official or agency communicating with the feds about a person's status, can make the final determination of that status. If it's determined that the person doesn't come within the exemption of 13-1509 F., that gives the official or agency probable cause to think he's violating 1304 (c), 1306 (a), or both. And that means they also have probable cause to think he's violating 13-1509 A. Only at that point could the official or agency arrest the person.
 OMG!WTF!
Joined: 12/3/2007
Msg: 124
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The real reasons behind Arizona's Immigration Law?
Posted: 5/2/2010 5:46:02 AM

Why can't industries that need labor just tell the gov't how many to let in? Gov't says how many get in till industries say they have enough. We also need to protect these workers from industry abuse (no unpaid overtime, proper compensation, safety conditions, and other standard labor protections).


I agree, but then the cheap labour becomes expensive again and we might as well just hire whiney Americans who want paid holidays and benefits and minimum wage and a maximum number of hours per weak before overtime kicks in and safety standards etc etc etc.


Seems perfectly reasonable, given that it is ARIZONA... Originally settled by the Spanish, then Mexican territory... Where Spanish is a "founding language"... And, actually, THE ORIGINAL European "founding language"... Do you think a natural born American citizen of original Spanish (or even Mexican) heritage from before Arizona was even US territory shouldn't have the right to answer in his family's traditional language...?


Sure. But would Spanish only be considered a reasonable suspicion of illegal status if combined with other evidence? Is it really that hard to pick out illegals 99% of the time? If nine guys sitting in the back of a pick up truck covered in strawberries all stood up and said "I'm American. I was born in this country" would the cop be more or less likely to pursue this law? I just think this type of profiling isn't uncommon across all areas of policing and might not be indicative of racial prejudices. Unfortunately we rely on cops to not be racists in a number of ways with a number of laws and in all states while still enforcing these laws. But given the blessed clarification of this law by matchlight....


But if the person can't produce any of the approved documents, the official or agency can call the federal immigration authorities to verify his immigration status as 8 U.S.C. 1373 (c) authorizes. The Arizona statute says either a federal official the government's authorized to determine immigration status, or the state official or agency communicating with the feds about a person's status, can make the final determination of that status. If it's determined that the person doesn't come within the exemption of 13-1509 F., that gives the official or agency probable cause to think he's violating 1304 (c), 1306 (a), or both. And that means they also have probable cause to think he's violating 13-1509 A. Only at that point could the official or agency arrest the person.


...there doesn't seem to be the malintent here that people are freaking out over.
 Imported_labor
Joined: 3/7/2008
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The real reasons behind Arizona's Immigration Law?
Posted: 5/2/2010 7:20:42 AM

When you say this law requires police to "violate people's rights" and requires "racial profiling" (whatever that may be) and violation of constitutional rights, you're only asserting the uninformed conclusion you've jumped to. That's not reasoning--and it is no response at all to my challenge to state specifically what constitutional guarantee you think this law violates, and how. You can't answer, so you refer me to someone's suit. You've revealed yourself as yet one more person who's made up his mind this issue on the basis of his own biases.


I would like for people to be less convoluted when dealing with specific points.

Example:

Your original challenge was

I'm aware of how much the law professor who drafted the statute knows about the constitutional issues involved. If you think he got them wrong, prove it.


My response was

Yeah! He got it wrong, law professor or not! They already had to amend the new law that was legalizing racial profiling.


So, doesn't the fact that the Arizona legislature had to amend the initial law, specifically in regard to the issue of racial profiling which was denounced even by several prominent Republicans from other states, and was protested against by people from all around the country, prove that the initial law was blatantly legalizing racial profiling? What other proof do you need?

I don't have to re-type what has already been said by ither people who have much better information and knowledge than me about this issue. If a veteran Tucson police officer initiates a lawsuit against the governor because the law that she signed puts him in an untenable position because "there was no way to carry out the mandate of the Arizona law in a race-neutral way. He said the state statute compels law enforcement officials “to actively engage in racial profiling to detain, question, and require every Hispanic” to prove their legal status." Furthermore, he "filed a lawsuit arguing he'll be sued whether he enforces the law or not, either for violating civil rights or for refusing to enforce it."
I even gave you the link to the actual text of the lawsuit. I am sure that his lawyuer must know a thing or two about the law on those issues. Perhaps he/she is not as brilliant as your law professor who wrote the initial Arizona law, but hey, we already know that he/she was wrong because the amended law tries to be less blatant about racial profiling, and now requires a reason, other than racial for stopping, detain or arrest someone in connection with this law.

Have I made up my mind about this law? I tell you what, this law, and the law about eliminating ethnic studies that is on the Arizona governor's desk right now, plus the concerted effort to eliminate the teachers of Mexican, Hispanic, Latino ethnic background (with the excuse that their English pronunciation isn't perfect,) which is going on school districts all around in Arizona, don't give me much reason to feel like going to visit Arizona. I am afraid that if I go to Arizona and a racist cop stops me and harass me because I fit the profile: black hair, brown eyes and brown skin color, Spanish accent, I may end up having an unpleasant experience. When I became an American citizen, I swore allegiance and respect for the constitution of the United States of America because I understood that it would give me the same protections that all citizens have. Nobody told me that I would need to be always on guard against the die-hard racists who would always be searching for someone to hate.
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