Page 6 of 29 FirstFirst ... 4567816 ... LastLast
Results 51 to 60 of 281

Thread: Judge blocks part of controversial Arizona immigration law

  1. #51
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 04:08 PM
    Lean
    Libertarian - Right
    Posts
    29,526

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by texmaster View Post
    The problem is she is ignoring legal precident for states to write their own laws against illegals

    Gonzales v. City of Peoria, 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....""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.

    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,"

    United States v. Rodriguez-Arreola

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

    Muehler v. Mena

    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."


    And those are just a few. She ignored all of this legal precedence and became a political activist instead an interpreter of the law.
    None of those cases is a 9th Circuit case, and the sole Supreme Court case there isn't on point (though it does say that asking about immigration status doesn't violate the 4th Amendment). So, she wasn't ignoring anything she was bound to follow.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  2. #52
    Student The Dane's Avatar
    Join Date
    Jul 2010
    Last Seen
    08-01-10 @ 07:44 PM
    Gender
    Lean
    Centrist
    Posts
    253

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Boo Radley View Post
    It is itself theater. It does nothing. It is only designed to hype the issue and garner votes. So, it creates the stage for both sides to play fight, thus gardnering their supporters. but in the end, no matter who wins any legal battles, ten years from now, nothing will have changed.
    Then why is Obama fining business who hire illegal immigrants millions of dollars?
    Ever have to dance with the devil in the pale moonlight?
    Scales in the grass but the scales don't move right?

  3. #53
    Sage

    Join Date
    Oct 2007
    Location
    New York
    Last Seen
    11-28-17 @ 04:47 PM
    Gender
    Lean
    Centrist
    Posts
    11,690

    Re: Judge blocks part of controversial Arizona immigration law

    FWIW, for an injunction to be issued, the plaintiff must (1) be likely to prevail on the provisions in question and (2) face likely "irreparable harm" in the absence of an injunction. The crux of Judge Bolton's decision is that:

    ...the United States is likely to succeed on the merits in showing that the following Sections of S.B. 1070 are preempted by federal law:

    Portion of Section 2 of S.B. 1070 A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

    Section 3 of S.B. 1070 A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers

    Portion of Section 5 of S.B. 1070 A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work Section 6 of S.B. 1070
    A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States

    The Court also finds that the United States is likely to suffer irreparable harm if the Court does not preliminarily enjoin enforcement of these Sections of S.B. 1070 and that the balance of equities tips in the United States’ favor considering the public interest…

    If enforcement of the portions of S.B. 1070 for which the Court finds a likelihood of preemption is not enjoined, the United States is likely to suffer irreparable harm. This is so because the federal government’s ability to enforce its policies and achieve its objectives will be undermined by the state’s enforcement of statutes that interfere with federal law, even if the Court were to conclude that the state statutes have substantially the same goals as federal law…

  4. #54
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 04:08 PM
    Lean
    Libertarian - Right
    Posts
    29,526

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by The Dane View Post
    Yeah, anyone want to explain what "a reasonable suspicion exists that person is an alien" means?
    A reasonable suspicion is an articulable suspicion based on observation and law-enforcement experience.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  5. #55
    Teacher of All Things


    Josie's Avatar
    Join Date
    Mar 2010
    Last Seen
    @
    Gender
    Lean
    Libertarian - Right
    Posts
    28,356

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by The Dane View Post
    Yeah, anyone want to explain what "a reasonable suspicion exists that person is an alien" means?
    No drivers license, paid under the table....
    Last edited by Josie; 07-28-10 at 04:02 PM.


  6. #56
    Filmmaker Lawyer Patriot
    Harshaw's Avatar
    Join Date
    Oct 2005
    Last Seen
    Today @ 04:08 PM
    Lean
    Libertarian - Right
    Posts
    29,526

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Boo Radley View Post
    It is itself theater. It does nothing. It is only designed to hype the issue and garner votes. So, it creates the stage for both sides to play fight, thus gardnering their supporters. but in the end, no matter who wins any legal battles, ten years from now, nothing will have changed.
    You already said that. It doesn't answer the question. It's just a circle.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

  7. #57
    Sage
    Boo Radley's Avatar
    Join Date
    Dec 2009
    Last Seen
    11-22-17 @ 04:22 PM
    Gender
    Lean
    Liberal
    Posts
    36,858

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by The Dane View Post
    Then why is Obama fining business who hire illegal immigrants millions of dollars?
    Supply and demand. No jobs, no illegal immigrants.

    But, that has to be enforced more locally and won't be. Obama has to make a show in this direction as well. He can't afford to look pro illegal immigrations. None of this is new.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

  8. #58
    Sage
    Hatuey's Avatar
    Join Date
    Oct 2006
    Last Seen
    Today @ 02:45 PM
    Gender
    Lean
    Moderate
    Posts
    42,019

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Mellie View Post
    No drivers license, paid under the table....
    Fooling the DMV - LiveVideo.com
    I refuse to accept the view that mankind is so tragically bound to the starless midnight of racism and war that the bright daybreak of peace and brotherhood can never become a reality. - MLK

  9. #59
    Sage
    Boo Radley's Avatar
    Join Date
    Dec 2009
    Last Seen
    11-22-17 @ 04:22 PM
    Gender
    Lean
    Liberal
    Posts
    36,858

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by Harshaw View Post
    You already said that. It doesn't answer the question. It's just a circle.
    But it does answer the question. None of this is real. both sides are acting in order to make a show, to look good to their followers. You can't have a show without a stage. So, you need it to go to court.

    AUSTAN GOOLSBEE: I think the world vests too much power, certainly in the president, probably in Washington in general for its influence on the economy, because most all of the economy has nothing to do with the government.

  10. #60
    Student The Dane's Avatar
    Join Date
    Jul 2010
    Last Seen
    08-01-10 @ 07:44 PM
    Gender
    Lean
    Centrist
    Posts
    253

    Re: Judge blocks part of controversial Arizona immigration law

    Quote Originally Posted by texmaster View Post
    The problem is she is ignoring legal precident for states to write their own laws against illegals

    Gonzales v. City of Peoria, 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....""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.

    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,"

    United States v. Rodriguez-Arreola

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

    Muehler v. Mena

    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."


    And those are just a few. She ignored all of this legal precedence and became a political activist instead an interpreter of the law.
    “[T]he fact that aliens are the subject of a state statute does
    not render it a regulation of immigration
    http://www.azcentral.com/ic/pdf/0729...ton-ruling.pdf
    Ever have to dance with the devil in the pale moonlight?
    Scales in the grass but the scales don't move right?

Page 6 of 29 FirstFirst ... 4567816 ... 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
  •