Page 4 of 7 FirstFirst ... 23456 ... LastLast
Results 31 to 40 of 66

Thread: AP Source: Feds suing to stop Ariz. immigrant law

  1. #31
    warrior of the wetlands
    TurtleDude's Avatar
    Join Date
    Oct 2005
    Location
    Ohio
    Last Seen
    Today @ 03:06 PM
    Gender
    Lean
    Libertarian - Right
    Posts
    180,667

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by MrVicchio View Post
    BOB CHRISTIE (AP) - Associated Press Writer PHOENIX The U.S. Justice Department is filing a lawsuit challenging the constitutionality of Arizona's tough new law targeting illegal immigrants.

    AP Source: Feds suing to stop Ariz. immigrant law

    Well, now we know the case will be the Feds claiming Usurption.. is that a word?? of Federal Authority. Not smart at all to make that the crux of the debate. IF they lose this, and I'm betting they will, it will open the door for States to challenge the Federal Government in all manner of "failing to" issues.
    1) Obama is pandering to the hispanic vote-lots of legal hispanics get upset--not at the problems their illegal cousins cause but at suggestions that illegals are bad. They tend to vote against anglos who are fed up with the problems illegals cause

    2) Obama et al is trying divert attention from his administration's massive F ups

    3) wasting tax dollars is the SOP of the Obamunists so a lawsuit that wastes lots of tax dollars by the Obamunists is to be expected



  2. #32
    Sage
    ric27's Avatar
    Join Date
    Jun 2010
    Last Seen
    06-15-17 @ 02:57 PM
    Gender
    Lean
    Independent
    Posts
    7,539

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    The only negative issue is even if Arizona wins, it will adversely affect neighboring states, such as Kansas, Oklahoma, Colorado, etc, etc....even Texas lol because, the law will make it more difficult for illegal aliens to move about and make it a less hospitable state. Consequently, hordes of illegals will move away from Arizona. Illegals will just say "**** it" in espanol and avoid the state.

  3. #33
    Sage
    jamesrage's Avatar
    Join Date
    Jul 2005
    Location
    A place where common sense exists
    Last Seen
    12-10-17 @ 09:23 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    31,067

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by ric27 View Post
    The only negative issue is even if Arizona wins, it will adversely affect neighboring states, such as Kansas, Oklahoma, Colorado, etc, etc....even Texas lol because, the law will make it more difficult for illegal aliens to move about and make it a less hospitable state. Consequently, hordes of illegals will move away from Arizona. Illegals will just say "**** it" in espanol and avoid the state.
    Actually Oklahoma has laws similar to those of Arizona with HB1804 aka the tax payer protection act, so illegals and those that harbor them will not flee to Oklahoma.
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

  4. #34
    Sage
    ric27's Avatar
    Join Date
    Jun 2010
    Last Seen
    06-15-17 @ 02:57 PM
    Gender
    Lean
    Independent
    Posts
    7,539

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by jamesrage View Post
    Actually Oklahoma has laws similar to those of Arizona with HB1804 aka the tax payer protection act, so illegals and those that harbor them will not flee to Oklahoma.
    Thats good! Do the same thing across the country and they will continue towards Canada - the real beneficiaries of NAFTA.

    Let Canada handle, the pesky problem

  5. #35
    Matthew 16:3

    Join Date
    Jul 2008
    Location
    Everywhere and nowhere
    Last Seen
    06-24-17 @ 05:05 PM
    Gender
    Lean
    Progressive
    Posts
    45,603

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by pbrauer View Post
    Article I Section 1:
    Are you aware of what "herein granted" means?
    Tucker Case - Tard magnet.

  6. #36
    Sage
    jamesrage's Avatar
    Join Date
    Jul 2005
    Location
    A place where common sense exists
    Last Seen
    12-10-17 @ 09:23 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    31,067

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by ric27 View Post
    Thats good! Do the same thing across the country and they will continue towards Canada - the real beneficiaries of NAFTA.

    Let Canada handle, the pesky problem
    So how is it a negative issue if Arizona wins and illegals flee to sanctuary states and cities?
    "A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murder is less to fear"

    Cicero Marcus Tullius

  7. #37
    Student Frozengale's Avatar
    Join Date
    Jun 2010
    Last Seen
    11-23-10 @ 04:57 AM
    Gender
    Lean
    Libertarian
    Posts
    161

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by ric27 View Post
    Thats good! Do the same thing across the country and they will continue towards Canada - the real beneficiaries of NAFTA.

    Let Canada handle, the pesky problem
    Yeah I don't see why all the illegals don't go to Canada. They already have Universal Healthcare that works and the Canadians would probably be more welcoming.

  8. #38
    Sage
    ric27's Avatar
    Join Date
    Jun 2010
    Last Seen
    06-15-17 @ 02:57 PM
    Gender
    Lean
    Independent
    Posts
    7,539

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by jamesrage View Post
    So how is it a negative issue if Arizona wins and illegals flee to sanctuary states and cities?
    Arizona's law will not have much effect nationally. It will adversely affect neighboring states. Now, if other states start joining, the pressure would be enormous and thats what is needed. Obama is simply afraid that other states will begin to follow along and soon the states wouldn't need so much fed govt...

    Thats the bottom line

  9. #39
    Hippie Hater
    texmaster's Avatar
    Join Date
    Oct 2009
    Location
    Dallas TEXAS
    Last Seen
    08-20-15 @ 01:17 AM
    Lean
    Very Conservative
    Posts
    3,969

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    Quote Originally Posted by pbrauer View Post
    You really need to brush up on the court cases.

    Gonzales v. City of Peoria, 722 F.2d 468. 1983: United States Court of Appeals for the Ninth Circuit

    "Although the regulation of immigration is unquestionably an exclusive federal power, it is clear that this power does not preempt every state activity affecting aliens. De Canas, 424 U.S. at 354-55, 96 S.Ct. at 935-36. The plaintiffs' reference to exclusive federal authority over immigration matters thus does not resolve this question. Instead, we must define precisely the challenged state enforcement activity to determine if "the nature of the regulated subject matter permits no other conclusion.

    "The City's claim of authority is limited. It asserts only the power to enforce the criminal provisions of the federal immigration laws. There is nothing inherent in that specific enforcement activity that conflicts with federal regulatory interests. Federal and local enforcement have identical purposes--the prevention of the misdemeanor or felony of illegal entry. The subject matter of the regulation thus does not require us to find that state enforcement is preempted."
    United States v. Salinas-Calderon, 728 F2nd 1298. 1984: United States Court of Appeals, Tenth Circuit

    Footnote 3 in the decision: "A state trooper has general investigatory authority to inquire into possible immigration violations. Moreover, the trooper's question about the green card was reasonable under the circumstances, and thus lawful."

    United States v. Vasquez- Alvarez, 176 F.3rd 1294. 1999: United States Court of Appeals, Tenth Circuit

    "In particular, the United States observes this court has long held that state and local law enforcement officers are empowered to arrest for violations of federal law, as long as such arrest is authorized by state law. See Davida v. United States, 422 F.2d 528, 530 (10th Cir.1970); cf. United States v. Janik, 723 F.2d 537, 548 (7th Cir.1983) ("inferring, as a matter of state law] that Illinois officers have implicit authority to make federal arrests"); United States v. Swarovski, 557 F.2d 40, 43-49 (2d Cir.1977) (noting generally that there is no overarching federal impediment to arrests by state officers for violations of federal law). In fact, this court has held that state law-enforcement officers have the general authority to investigate and make arrests for violations of federal immigration laws."

    United States v. Santana-Garcia, 264 F.3rd 1188. 2001: United States Court of Appeals, Tenth Circuit

    "We noted just recently that state law enforcement officers within the Tenth Circuit "have the general authority to investigate and make arrests for violations of federal immigration laws," and that federal law as currently written does nothing "to displace . . . state or local authority to arrest individuals violating federal immigration laws." United States v. Vasquez-Alvarez, 176 F.3d 1294, 1296, 1299 n.4, 1300 (10th Cir. 1999). Rather, we observed that federal law "evinces a clear invitation from Congress for state and local agencies to participate in the process of enforcing federal immigration laws." Id. at 1300."

    United States v. Rodriguez-Arreola, 270 F.3rd 611. 2001: United States Court of Appeals, Eighth Circuit

    "During the routine stop of a vehicle for speeding, a South Dakota highway patrol officer discovered that Manuel Rodriguez-Arreola, a passenger in the vehicle, was an illegal alien. Rodriguez was detained and later charged under 8 U.S.C. 1326(a) (Supp. IV 1998) with being an illegal alien present in the United States after deportation.2 Rodriguez filed a motion to suppress all evidence obtained during the traffic stop, arguing that his status as an illegal alien was discovered through questioning that violated his Fourth Amendment rights. The District Court granted Rodriguez's motion to suppress and the government appeals. We reverse....

    "The government argues that Trooper Koltz did not violate the Fourth Amendment rights of Rodriguez. The government contends that the questions posed to Molina concerning his alienage were within the scope of the stop because they were based on a reasonable suspicion by Trooper Koltz.10 The government further contends that even if Trooper Koltz's questions to Molina constituted an unconstitutional search and seizure, the questions only violated Molina's Fourth Amendment rights--a violation that Rodriguez does not have standing to assert. After Molina stated that the passenger in his vehicle did not have a green card, the government argues that Trooper Koltz had reasonable suspicion to ask Rodriguez about his citizenship status. Finally, the government argues that even if Trooper Koltz's questions constituted a Fourth Amendment violation, Rodriguez's identity is not suppressible as a matter of law."

    Rodriguez does not have Fourth Amendment rights to assert because he was an illegal alien.

    Muehler v. Mena, 544 U.S. 93. 2005 United States Supreme Court.

    This case I had to look in two places. First, the Ninth Circuit Silly Circus Court of Appeals. It indicated Mena was a legal resident. It didn't state whether that was by green card, American born or otherwise, so I went to the U.S. Supreme Court's decision; here. This case involved a gang related drive by shooting.

    "Aware that the West Side Locos gang was composed primarily of illegal immigrants, the officers had notified the Immigration and Naturalization Service (INS) that they would be conducting the search, and an INS officer accompanied the officers executing the warrant. During their detention in the garage, an officer asked for each detainee's name, date of birth, place of birth, and immigration status. The INS officer later asked the detainees for their immigration documentation. Mena’s status as a permanent resident was confirmed by her papers."

    The court reversed the Ninth Circuit that Mena's Fourth Amendment rights were violated. The court also held the officers had the right to question her citizenship status: "Mena’s detention was, under Summers, plainly permissible. [1]An officer's authority to detain incident to a search is categorical; it does not depend on the “quantum of proof justifying detention or the extent of the intrusion to be imposed by the seizure.” Id., at 705, n. 19. Thus, Mena’s detention for the duration of the search was reasonable under Summers because a warrant existed to search 1363 Patricia Avenue and she was an occupant of that address at the time of the search."

    United States v. Hernandez-Dominguez. 2005: United States Court of Appeals, Tenth Circuit

    "The determination of whether investigative detention beyond the scope of the initial stop is supported by an objectively reasonable suspicion of illegal activity "does not depend upon any one factor but on the totality of the circumstances." Jones, 44 F.3d at 872 (citing United States v. Soto, 988 F.2d 1548, 1555 (10th Cir. 1993). We make this determination "with deference to a trained law enforcement officer's ability to distinguish between innocent and suspicious circumstances." United States v. Mendez, 118 F.3d 1426, 1431 (10th Cir. 1997). Here, while the officer was checking Mercado's license and registration, Mercado revealed that he was an illegal alien. Further detention of Mercado was therefore justified, as was the questioning of Dominguez. See United States v. Salinas-Calderon, 728 F.2d 1298, 1301 n.3 (10th Cir. 1984) (stating that "[a] state trooper [who has executed a lawful stop] has general investigatory authority to inquire into possible immigration violations")."

    More drug dealers off the streets.

    Gray v City of Valley Park. 2008: United States Court of Appeals, Eighth Circuit.

    A bit of a convoluted case where the court ruled "federal law did not preempt a local ordinance suspending the business license of any business that hires illegal aliens."

    I'm not a lawyer and I didn't come up with those cases. I found them on a web site for Walter Moore, an attorney with over 25 years experience. While he listed the cases, he didn't provide links, so I went and found most of them so you can see they are real. Not to doubt Moore's posting. Time is an issue for everyone, so I'm trying to help by giving you the links.

    And, there is the Estrada case I mentioned in a recent column, which was decided February 10, 2010; United States Court of Appeals, First Circuit. Another traffic stop by a state trooper. The illegals lost again. Perhaps Ronstadt in all her brilliance also missed that decision.

    We don't need another immigration "reform" bill out of Congress. Every time one is signed into law, it opens the flood gates. The laws on the books need to be enforced to the fullest by both the states and ICE. Congress can put together a simple bill calling for a moratorium on all immigration for a period of ten years. It will take that long to clean up the mess caused by the last "reform" bill signed into law by Ronald Reagan.

    It will take that long to unclog the courts and clean out the jails:

    "Some illegal aliens in the United States have been arrested and incarcerated in federal and state prisons and local jails, adding to already overcrowded prisons and jails. On April 7, 2007, the US Justice Department issued a report on criminal aliens that were incarcerated in federal and state prisons and local jails.

    "In the population study of 55,322 illegal aliens, researchers found that they were arrested at least a total of 459,614 times, averaging about 8 arrests per illegal alien. Nearly all had more than 1 arrest. Thirty-eight percent (about 21,000) had between 2 and 5 arrests, 32 percent (about 18,000) had between 6 and 10 arrests, and 26 percent (about 15,000) had 11 or more arrests. Most of the arrests occurred after 1990.

    "They were arrested for a total of about 700,000 criminal offenses, averaging about 13 offenses per illegal alien. One arrest incident may include multiple offenses, a fact that explains why there are nearly one and half times more offenses than arrests. Almost all of these illegal aliens were arrested for more than 1 offense. Slightly more than half of the 55,322 illegal aliens had between 2 and 10 offenses.


    Devvy -- Federal Court decisions favor Arizona's new immigration law -- 05/03/10
    Last edited by texmaster; 07-07-10 at 02:23 PM.
    Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.

    John Adams

  10. #40
    User OmniRocky's Avatar
    Join Date
    Jun 2010
    Last Seen
    11-17-11 @ 11:36 PM
    Gender
    Lean
    Slightly Conservative
    Posts
    45

    Re: AP Source: Feds suing to stop Ariz. immigrant law

    How dare Arizona enforce Federal Law! And how telling it is that Obama is using the courts to fight them...
    Certitude: n. The knowledge/confidence that you have not been sending nude/semi-nude pictures of yourself to random women on the internet.

Page 4 of 7 FirstFirst ... 23456 ... LastLast

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •