bucs90
Gold Member
- Feb 25, 2010
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Arizona's action has not been found legal. The people who are telling you the two states are identical are telling you a whopper. I googled the Rhode Island order and it doesn't go nearly as far as Arizona. RI does not try to impose new policy priorities for arrest and detention. Arizona attempts to impose new policies which directly differ from federal law. In strict legal terms, that's as big a difference as night and day. Anyone who told you the two states are exactly the same in how they treat the issue was selling you a bill of goods.
OMG.
OK, lets see how to explain this to you.
Gun law: A local cop pulls a guy over with a fully auto AK47 in his trunk. Citizens can legally have rifles in their trunks. But federal law bans full auto. Thats the fed job, not state/local. As been practiced for decades, local cop detains driver and hands him over to ATF.
AZ law: A local cop pulls a guy over for simple speeding, and since he speaks no English, presents a Mexican DL, and his name and birth-date are not coming up in computer, he asks him if he is here illegally. Driver answers "Si". Cop detains him and hands him over to ICE.
Terrorism: A local cop pulls a guy over for simple speeding. The guy appears Muslim, speaks Arabic, had a laptop open while driving but quickly shuts it when cop approaches, and has pipes, fireworks, wires in the trunk. He's driving towards a military base. Cop detains him and hands him over to the FBI (actual case in SC).
None of the 3 differ. All involve a local cop, who realized a federal law which he cannot enforce may be violated, and he detains them and hands them over to proper federal authority. Thats what Arizona is doing. They are making new immigration law. They aren't making Obama's enforcement priorities. Obama is free to release all of AZ's detainees right the hell in the middle of Phoenix if they want.
The lesson is: You can't commit a federal offense right in front of a local cop and just be let go because there isn't a federal agent nearby. Local cops can and do detain people for federal offenses. This is the same thing. Thats why it will hold up in court.
You obviously do not know the ways in which Arizona's law differs from federal law. It also appears that you have not read Rhode Island's executive order. I suggest you read all of them and then you'll see the obvious differences.
It doesn't differ. It is nearly a cut and paste of the federal law outlining who is an illegal immigrant.
All the AZ law does is give the cops the authority to "detain", not "arrest", a person suspected of being an illegal immigrant and hand them over to ICE. Prior to the law, if one was "arrested" for a seperate charge, like murder, drugs, theft, etc, they could inform ICE who would pick them up. Now, the arrest is not necessary. The inital PC for an unrelated offense to stop them is still required. But, if they aren't arrested, they can now be detained and handed over to ICE. Thats exactly what it is. What ICE does with them then is irrelevant to AZ, as only the feds can deport them.