Mexico asks judge to void Ariz. immigration law

Angelhair

Senior Member
Aug 22, 2009
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PHOENIX — Saying it needs to protect its citizens in Arizona, legal and otherwise, the Mexican government on Tuesday urged a federal judge to strike down the state's new law aimed at illegal immigrants.

In a "friend of the court'' brief, attorneys for the government said they believe SB 1070 will lead to racial profiling despite arguments by Gov. Jan Brewer and Sen. Russell Pearce, R-Mesa, that the law specifically prohibits such activity. Brewer also noted she has directed the Peace Officer Standards and Training Board to come up with procedures to help officers understand what constitutes "reasonable suspicion'' a person is in this country illegally.

But the attorneys for the Mexican government were not persuaded that will make a difference.

"Giving state police the authority to simply create a description of what an illegal immigrant looks like is plainly racial profiling,'' their legal brief reads. "This inevitably will lead to casting an overbroad net in the pursuit of 'illegal immigrants,' with individuals being stopped on the basis of appearance.''

Beyond that, the government, speaking through its lawyers, says SB 1070 is part of a larger pattern. The brief specifically cites separate legislation aimed at banning the "ethnic studies'' program at Tucson Unified School District.

"It becomes unavoidable to see that Arizona's legislative efforts constitute a discriminatory policy,'' the lawyers wrote, saying SB 1070's "discriminatory objective runs against the fundamental rights of people living in the United States.''

The move comes as the U.S. Department of Justice is weighing whether to enter the dispute directly with its own challenge to the law set to take effect July 29. Various news outlets have quoted anonymous sources saying the decision to sue has been made, though the official word from the agency is that the case is still being reviewed.

Five lawsuits already filed claim the law, which requires police to check the immigration status of those they have stopped when there is "reasonable suspicion'' they are illegal immigrants, unlawfully intrudes on the exclusive right of the federal government. A similar claim is aimed at another provision of the law which allows illegal immigrants to be arrested and prosecuted under Arizona trespassing laws.

In filing its brief in one of the existing cases, the Mexican government says a multinational treaty gives it the right to protect the interests of its citizens abroad. And it says SB 1070 "creates an imminent threat of state-sanctioned bias.''

Mexico asks judge to void Ariz. immigration law

The nerve!!! Mexico thinks that anything and everything that the USA does gives them the right of passage. I think it's time for the USA to get tough on their 'adopted child'......but I won't hold my breath.
 
Any illegal immigration law could, might lead to racial profiling. But what will happen in the future is not a legal argument in a count of law. There is no way of enforcing our immigraiton laws without racial profiling. It is acceptable under the Federal Immigration and Nationality Act when there is reasonable suspicion. Hispanice looking who is stopped for a traffic violation and do not have documents. FINA allows state and local officers to arrest him and turn him over to ICE. That's all the Arizona law will allow. Arizoa law is not necessary for state and local law enforcement to arrest illgeal aliens, FINA already allow this and it's been happening.
 

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