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Thread: Judge blocks part of controversial Arizona immigration law

  1. #121
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    Re: Judge blocks part of controversial Arizona immigration law

    Good ruling. The thing is, that if they checked the legal status of everyone, I'd be fine with this law. But the whole reasonable suspicion thing, is bull. It might as well say if you catch any person who looks latino check them to see if they are legal.

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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Hicup View Post
    What's racist about profiling for a specific crime? Can you, or anyone else explain this to me? What is your idea of what racism, is? You do know that we target arabs in wiretapping, surveillance, and so on, right? Is this ok with you? I mean, you, and people like you, are dangerous to my family! I suspect you have NO good reason for NOT profiling, only that you think it's bad.. Well why is it bad?


    Tim-

    The judges decision was based on the fact that legal immigrants would be held on a warrantless arrest while checking citizenship status.

    In her 36-page decision, Bolton wrote that the provisions would have inevitably "swept up" legal immigrants and were "preempted" by the federal government's immigration authority
    .

    Arizona immigration: Immigration law blocked - latimes.com
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by texmaster View Post
    what are you talking about?

    And where does it say judges can only cite court cases from their circuit court? Oh thats right, Nowhere!

    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."

    "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

    "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,".


    What part of that don't you understand?
    A court can find caselaw from other jurisdictions persuasive, but that court is never bound by it. Thus, the judge was not required to follow anything from a different circuit. She could ignore it at her pleasure.
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by TBone View Post
    Please explain how this throws out federal law?
    If some of the provisions which she enjoined are found to be invalid on equal protection grounds, because those provisions are based on and parallel to existing federal law, then she'll have to invalidate the underlying federal law, too.
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by j-mac View Post
    Wait a minute...It is my understanding that in a DUI one is arrested, is that right? If so the subjects immigration status can, should, and will be checked.

    j-mac
    yes, and the ruling also requires the police to enforce federal immigration laws.

    Some aspects of the measure, listed as SB 1070, will take effect Thursday as planned. It will become a crime for state officials to interfere with or refrain from enforcement of federal immigration laws. It will also be illegal to pick up and transport day laborers across the state, or to give a ride to or harbor an illegal alien. A vehicle used to transport an illegal alien can be impounded
    Arizona Immigration Law: Judge Susan Bolton Blocks Parts of SB 1070 - ABC News
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  6. #126
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Crunch View Post
    Maybe you can explain what the judge's intention were when she placed an injunction on this portion of the Arizona law.
    Mellie was completely wrong in her post. If a person is legally arrested there is nothing that prevents law enforcement from making efforts to determine a person's immigration status. In Calfornia, it is even REQUIRED and at least in LA County, ICE is very active in LACounty jails.

    So her statement was completely inaccurate.

    As far as the judge's intention. I'm not sure the judge had any "intention". The injunction is simply th mechanism whereby the judge makes an initial determination that those aspects of the law are "likely" to be found unconstitutional. THAT isn't surprising. Even a number of conservative legal scholars indicated that the law might have problems withstanding Constitutional challenges.
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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by texmaster View Post
    what are you talking about?

    And where does it say judges can only cite court cases from their circuit court? Oh thats right, Nowhere!

    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."

    "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

    "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,".


    What part of that don't you understand?
    You can "cite it" but it isn't controlling.

    What part of that don't you understand?
    <font size=5><b>Its been several weeks since the Vegas shooting.  Its it still "Too Early" or can we start having the conversation about finally doing something about these mass shootings???​</b></font>

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    Re: Judge blocks part of controversial Arizona immigration law

    I don't believe this law would accomplish what many people think it would - to stop the flow of illegals into the country. Murder is illegal, but people still murder. Illegals will still enter the country and because there's not comprehensive immigration reform the employers will still exploit them and pay them substandard wages for their work.

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    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Harshaw View Post
    If some of the provisions which she enjoined are found to be invalid on equal protection grounds, because those provisions are based on and parallel to existing federal law, then she'll have to invalidate the underlying federal law, too.
    Please explain how it parallel the federal law. Honest question.
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    Re: Judge blocks part of controversial Arizona immigration law

    I don't see how anyone can honestly say that the AZ law won't lead to racial profiling, considering where AZ is geographically located and that illegals tend to be hispanic.

    I would actually find it to be more honest and realistic if someone just came out and said, "We SHOULD be profiling hispanics to see if they are legal." I mean, it would be unPC, but at least that's the honest truth of what the law makers are beating around the bush about. But no, we're just going to pretend that it's an innocent law for the security of America and we're just going to catch people as they commit other crimes.

    The level of bull****ting here is just off the scale. I agree that enforcement of the law should be suspended until the Fed case goes through.

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