Arizona SB 1070

[hjmick]

Since the ruling was announced today, I have heard a parade of spokespersons, from the ACLU to MALDEF to LULAC, suggest that the ruling should "send a message that immigration is a federal issue."

Okay, I'm good with that with just a couple of exceptions...

First, the issue is not about immigration, it's about illegal immigration.

Second, leaving it to the feds only works if the feds work the problem. They don't.

 

[Ravi]

Except that more illegals have been deported under Obama....

And yeah, striking down Arizona's "state laws" regarding immigration was the proper thing to do because citizenship is a federal issue.

 

[hjmick]

Except that more illegals have been deported under Obama....

And yeah, striking down Arizona's "state laws" regarding immigration was the proper thing to do because citizenship is a federal issue.

I'm not singling out any one administration nor am I arguing the SCOTUS decision was wrong.

There is decades worth of blame to go around where this issue is concerned.

 

[Ravi]

Okay then, I'm not getting your point.

 

[hjmick]

Okay then, I'm not getting your point.

I probably don't have one.

Just one of those nights.

 

[RoadVirus]

Except that more illegals have been deported under Obama....

And now he's working to lower that number by setting "priorities" and legalizing certain subgroups. Basically, he figures he's done enough, so it's time to suck up to the Latinos by capitulating to their "We want amnesty" crap.

 

[C_Clayton_Jones]

First, the issue is not about immigration, it's about illegal immigration.

That’s a distinction without a difference. Immigration law encompasses the issue of those in the country illegally.

States may determine the immigration status of those who are in custody for other alleged offenses provided there’s reasonable suspicion and such determinations are not based on race or ethnicity alone. Most importantly, the determination of one’s immigration status must be conducted in the timeframe allotted for a reasonable detention period appropriate for the alleged offense:

To take one example, a person might be stopped for jaywalking in
Tucson and be unable to produce identification. The first
sentence of §2(B) instructs officers to make a “reasonable”
attempt to verify his immigration status with ICE if there
is reasonable suspicion that his presence in the United
States is unlawful. The state courts may conclude that,
unless the person continues to be suspected of some crime
for which he may be detained by state officers, it would
not be reasonable to prolong the stop for the immigration
inquiry.

http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

Second, leaving it to the feds only works if the feds work the problem. They don't.

Nonsense.

As already noted, the fact that deportations have increased since the last administration indicates that’s simply not true. 1070 was about partisan politics, not the law or immigration. The Court saw it as such and ruled accordingly and correctly.

The Court reaffirmed the fact that the states may not enact their own immigration laws. That a state may perceive the Federal response as ‘lacking’ is irrelevant, each state is represented in Congress by lawmakers who may address a given immigration issue in that venue, through the legislative process:

Federal law makes a single sovereign responsible for
maintaining a comprehensive and unified system to keep
track of aliens within the Nation’s borders. If §3 of the
Arizona statute were valid, every State could give itself
independent authority to prosecute federal registration
violations, “diminish[ing] the [Federal Government]’s control
over enforcement” and “detract[ing] from the ‘integrated
scheme of regulation’ created by Congress.” Wisconsin
Dept. of Industry v. Gould Inc., 475 U. S. 282, 288–289
(1986). E

Arizona contends that §3 can survive preemption be*
cause the provision has the same aim as federal law and
adopts its substantive standards. This argument not only
ignores the basic premise of field preemption—that States
may not enter, in any respect, an area the Federal Gov*
ernment has reserved for itself—but also is unpersuasive
on its own terms. Permitting the State to impose its own
penalties for the federal offenses here would conflict with
the careful framework Congress adopted.

http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

 

[52ndStreet]

Since the ruling was announced today, I have heard a parade of spokespersons, from the ACLU to MALDEF to LULAC, suggest that the ruling should "send a message that immigration is a federal issue."

Okay, I'm good with that with just a couple of exceptions...

First, the issue is not about immigration, it's about illegal immigration.

Second, leaving it to the feds only works if the feds work the problem. They don't.

The federal government was not doing their job. The States sovereign entity law
was used by Arizona. Arizona had every right to enact their own immigration law
if the federal government was not doing their job.
That is why the supreame court upheld certain parts of the Arizona StateSB 1070 law.

 

[Big Black Dog]

There will be a steady stream of illegals coming into AZ now... Obama doesn't give a crap. Every illegal alien is a potential Democratic voter.

 

[The Infidel]

There will be a steady stream of illegals coming into AZ now... Obama doesn't give a crap. Every illegal alien is a potential Democratic voter.

And as soon as a hair is touched on their heads they can call this number

News from The Associated Press

WASHINGTON (AP) -- The Justice Department has set up a hotline for the public to report potential civil rights concerns regarding the Arizona law that requires police to check the immigration status of those they stop for other reasons.

The hotline phone number is 1-855-353-1010. The email is: SB1070(at)usdoj.gov.


Wonder how many lawsuits this will foster... I mean the courts have nothing better to do.

Just think... we are paying for that bullshit too

 

[C_Clayton_Jones]

Below is the ruling for those interested; if one wishes to discuss the decision intelligently it’s required reading:

http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

The ruling is classic Kennedy.

The doctrine of Federal preemption is upheld – soundly; states may not enact laws which conflict with Federal statutes. Period.

With regard to ‘show me your papers,’ Kennedy creates a reasonable, legal context in which law enforcement may function without potential violations of 4th Amendment search and seizure rights or 5th Amendment due process protections.

Indeed, ‘show me your papers’ is anything but – while in custody or detention a suspect will likely have no idea his immigration status is being checked, until such time as his lack of documentation is discovered and disclosed.

Kennedy also made it abundantly clear that the courts are not to tolerate detentions based on race or ethnicity alone or that last longer than appropriate for the offense solely to check for immigration status.

 

[JoeB131]

Except that more illegals have been deported under Obama....

And yeah, striking down Arizona's "state laws" regarding immigration was the proper thing to do because citizenship is a federal issue.

I'm not singling out any one administration nor am I arguing the SCOTUS decision was wrong.

There is decades worth of blame to go around where this issue is concerned.

Well, as Pogo said, "We have met the enemy, and he is us!"

We've all pooped on a public toilet cleaned by an illegal, ate lettuce an illegal picked, gotten a bunch of Day Laborers outside the Home Depot to help us throw up some drywall because it was cheaper than hiring a contractor.

There are illegals because our economy demands it. Not just the cheap employers who don't want to pay an American a fair wage, but the consumer who skips over the slightly more expensive services provided by the company that does the right thing.

So you get a situation where Alabama's inbred legislature passes a law as tough as Arizonas, and crops rot on the vine because they can't find anyone to pick them. In this recession!

 

[JoeB131]

There will be a steady stream of illegals coming into AZ now... Obama doesn't give a crap. Every illegal alien is a potential Democratic voter.

And as soon as a hair is touched on their heads they can call this number

News from The Associated Press

WASHINGTON (AP) -- The Justice Department has set up a hotline for the public to report potential civil rights concerns regarding the Arizona law that requires police to check the immigration status of those they stop for other reasons.

The hotline phone number is 1-855-353-1010. The email is: SB1070(at)usdoj.gov.


Wonder how many lawsuits this will foster... I mean the courts have nothing better to do.

Just think... we are paying for that bullshit too

Pretty much. The minute some Latino citizen gets hassled by Sheriff Joe Asshole because he didn't have his driver license on him, you will have a lawsuit that will put an end to the last of this attrocity.