Arizona Immigration law in court today.

[f.sciarrillo]

I don't understand something here. Why would the federal government sue a stated for upholding a federal law?

http://www.msnbc.msn.com/id/38366437/ns ... id=twitter

Obama was too lazy to do anything so the state did it for him. Now they are getting sued. You know what this tell me? It tells me that the federal government does not care about the laws. This whole immigration thing is to give amnesty and get votes. There is nothing wrong with a state upholding the federal laws. In fact, I would think that it is mandatory.

[lonewolf]

This is over the supremacy clause of the Constitution. The intent of the clause is that if there are any conflicts between state and federal laws, the federal law trumps the state law.

This decision will be especially interesting to me because as far as I can tell, there are no conflicts between the state and federal statutes in this case. Absent any conflicts, the AZ law should be upheld.

[RobTheDrummer]

It all depends on the court, and how they feel like "interpreting" the law on any given day.

[songsmith]

I think they should pull Canadians over and hassle them, too. Did you know that over half of all Canadians weren't even BORN here?--->JMS

[RobTheDrummer]

I think they should pull Canadians over and hassle them, too. Did you know that over half of all Canadians weren't even BORN here?--->JMS

What's wrong with that? If ANYONE is here illegally, they should be hassled.

[tornandfrayed]

I just can't get over the irony of Americans hating illegals!

We are a country conceived and consisting of illegals!

The people in Az are getting pissed, the economy there is going down the shitter even faster now.

What is wrong with punishing the companies that hire people who do not have the right proof of citizenship? Why is no one in favor of that? If you eliminate the jobs there will be less reason for people to be here illegally...

[Hawk]

Do you understand that every recent president including GW for eight years, DID NOTHING. That is the same as amnesty. So why would you call Obama lazy ?

As far as I know (given that doing nothing is equal to amnesty) the Democrats would like to give those already living here, have jobs, paying taxes (yes, they have fake social security numbers and pay into social security, but will never get it back) amnesty. They would come out from hiding and go through all the legal hoops to become legal. The rest are sent back.

At least that's better than doing nothing.

For those of you who think the federal government isn't doing enough, they don't have the man power to search out all illegals. We could always make the government BIGGER to handle illegal aliens.

MANY businesses like them here because of the cheap labor. If you think it is purely a Democratic thing because they want votes ask yourself why Bush and Bush did nothing. Reagan did want to do something, he wanted to give them amnesty!

[f.sciarrillo]

My only beef is that the "FEDERAL GOVERNMENT IS SUING THE STATE FOR UPHOLDING A FEDERAL LAW!"

[Banned]

Why doesn't the federal government include the so called "Amnesty" cities in the lawsuit? Those cities like LA and San Fran ignore federal law and refuse to inform ICE when they arrest a felon who happens to be here illegally.

I believe there are 11 of these cities, and when asked, Robert Gibbs has no answer as to why the federal law suit ignores them.

It all comes down to undocumented democrat voters. If you want to enforce federal law, this administration will go after you. If you want to help grow undocumented democrat voters, then its OK to violate federal law.

[f.sciarrillo]

Why doesn't the federal government include the so called "Amnesty" cities in the lawsuit? Those cities like LA and San Fran ignore federal law and refuse to inform ICE when they arrest a felon who happens to be here illegally.

I believe there are 11 of these cities, and when asked, Robert Gibbs has no answer as to why the federal law suit ignores them.

It all comes down to undocumented democrat voters. If you want to enforce federal law, this administration will go after you. If you want to help grow undocumented democrat voters, then its OK to violate federal law.

That point was brought up and no one can answer it. Kinda funny, eh?

[Hawk]

Why doesn't the federal government include the so called "Amnesty" cities in the lawsuit? Those cities like LA and San Fran ignore federal law and refuse to inform ICE when they arrest a felon who happens to be here illegally.

I believe there are 11 of these cities, and when asked, Robert Gibbs has no answer as to why the federal law suit ignores them.

It all comes down to undocumented democrat voters. If you want to enforce federal law, this administration will go after you. If you want to help grow undocumented democrat voters, then its OK to violate federal law.

That point was brought up and no one can answer it. Kinda funny, eh?

It was asked and answered. The businesses want the cheap labor.
The city authorities look the other way.

Undocumented illegal aliens can't / don't vote.

[Hawk]

My only beef is that the "FEDERAL GOVERNMENT IS SUING THE STATE FOR UPHOLDING A FEDERAL LAW!"

As I understand it, this law allows locals to check people for documents for no reason other than they look Hispanic. That's racial profiling, which is against the law. That's why the Fed had to get involved.

[Banned]

It was asked and answered.

Undocumented illegal aliens can't / don't vote.

Part one. Lie, there is still no answer from Robert Gibbs.

Part two. They will when BP Oil Barry gives them amnesty.

[lonewolf]

My only beef is that the "FEDERAL GOVERNMENT IS SUING THE STATE FOR UPHOLDING A FEDERAL LAW!"

As I understand it, this law allows locals to check people for documents for no reason other than they look Hispanic. That's racial profiling, which is against the law. That's why the Fed had to get involved.

Incorrect!

No Bill, the purpose of the AZ law is to require locals to check for citizenship ONLY after a person is apprehended for another infraction of the law. Getting a person's ID is standard procedure when arresting a person anyway. Why should an alien, illegal or otherwise, be any different?

In addition, they added clauses in the law that strictly forbid racial profiling.

The present lawsuit does not address the racial profiling issue; however, the administration filed another lawsuit to address that. It will be heard later in the year.

The present lawsuit is solely a test of the Supremacy Clause of the Constitution. Historically, this kind of suit only comes about when there is a conflict between state & federal law. I am not aware of any conflicts between these laws, but I could be wrong. We shall see.

[Hawk]

My only beef is that the "FEDERAL GOVERNMENT IS SUING THE STATE FOR UPHOLDING A FEDERAL LAW!"

As I understand it, this law allows locals to check people for documents for no reason other than they look Hispanic. That's racial profiling, which is against the law. That's why the Fed had to get involved.

Incorrect!

No Bill, the purpose of the AZ law is to require locals to check for citizenship ONLY after a person is apprehended for another infraction of the law. Getting a person's ID is standard procedure when arresting a person anyway. Why should an alien, illegal or otherwise, be any different?

In addition, they added clauses in the law that strictly forbid racial profiling.

The present lawsuit does not address the racial profiling issue; however, the administration filed another lawsuit to address that. It will be heard later in the year.

The present lawsuit is solely a test of the Supremacy Clause of the Constitution. Historically, this kind of suit only comes about when there is a conflict between state & federal law. I am not aware of any conflicts between these laws, but I could be wrong. We shall see.

Thanks Jeff.

[f.sciarrillo]

My only beef is that the "FEDERAL GOVERNMENT IS SUING THE STATE FOR UPHOLDING A FEDERAL LAW!"

As I understand it, this law allows locals to check people for documents for no reason other than they look Hispanic. That's racial profiling, which is against the law. That's why the Fed had to get involved.

This is what all the left wing media outlets have been spewing. It only shows that they didn't read the bill before making a claim to agree with it or not ..

[Hawk]

My only beef is that the "FEDERAL GOVERNMENT IS SUING THE STATE FOR UPHOLDING A FEDERAL LAW!"

As I understand it, this law allows locals to check people for documents for no reason other than they look Hispanic. That's racial profiling, which is against the law. That's why the Fed had to get involved.

This is what all the left wing media outlets have been spewing. It only shows that they didn't read the bill before making a claim to agree with it or not ..

Since both sides say something different about it, we will have to wait and see how it plays out.

[f.sciarrillo]

As I understand it, this law allows locals to check people for documents for no reason other than they look Hispanic. That's racial profiling, which is against the law. That's why the Fed had to get involved.

This is what all the left wing media outlets have been spewing. It only shows that they didn't read the bill before making a claim to agree with it or not ..

Since both sides say something different about it, we will have to wait and see how it plays out.

I agree with you there; however, I did read the bill and it does say what lonewolf said.

A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE

If you would like to read it you can do so here: http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf

[Hawk]

Don't get me wrong, I believe the illegal aliens are a huge strain on the USA. Obama has a solution, Reagan had the same solution. At least it's better than the Bush and Bush policies of "Let's not do anything".



ANY LAWFUL CONTACT ... WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON.

What "lawful contact" is, might be open to interpretation.




D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATESAND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT AGENCY.

E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

I believe this /\ can be interpreted as, if they look Hispanic, there is probable cause.


F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING, RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES

How would you interpret D. "Notwithstanding", In spite of ? Then it also becomes racial profiling.

E is without any doubt is racial profiling. Looks Hispanic = probable cause.

[f.sciarrillo]

Don't get me wrong, I believe the illegal aliens are a huge strain on the USA. Obama has a solution, Reagan had the same solution. At least it's better than the Bush and Bush policies of "Let's not do anything".



ANY LAWFUL CONTACT ... WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON.

What "lawful contact" is, might be open to interpretation.




D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATESAND WHO IS IN THE AGENCY'S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE JURISDICTION OF THE LAW ENFORCEMENT AGENCY.

E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

I believe this /\ can be interpreted as, if they look Hispanic, there is probable cause.


F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING, RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES

How would you interpret D. "Notwithstanding", In spite of ? Then it also becomes racial profiling.

E is without any doubt is racial profiling. Looks Hispanic = probable cause.

You are not only generalizing it, but interpreting it wrong. Where in there does it come out and say about profiling if the person looks hispanic? it doesn't. That is what is wrong here - Everyone is misinterpreting it. The Left wing news outlets are making it sound like a hitching gang for the illegals. That is not what it is .. It is in line with the federal law. With the left being all for amnesty and wanting the votes, they are going to say it is bad without actually looking at it ..

[f.sciarrillo]

It was handed down today - The law is not going to be blocked ..

http://www.nydailynews.com/news/nationa ... _duri.html

[hicksjd9]

This whole business sickens me. The fed. are not upholding their own laws. The reason Arizona passed this law is becuase they asked the Fed for help enforcing it's own immigration laws down there several times only to receive NO HELP. Arizona is in the right with this one. OF COURSE they need to check people for citizenship down there! The drug trade is huge and the violence is getting out of control! Where do the drugs come from? Mexico! So if someone is commiting a crime and looks to be hispanic, let's just turn our heads and not check immigration status because we are afraid of "profiling." I call BULL#@##! How dumb can a nation get! Sometimes people have to be offended in order to keep our citizenry safe! Deal with it! I swear, our government and half of our citizenry has no common sense on any given issue at any given moment.

As for our country, it was not made up of "illigals"!!! It was made of immigrants. There is a difference! One came here legally and followed the system and the other came here illegally and has cheated the system! When the US was new, of course we needed people to come here! But the boat is full now! If people want to live here, they need to jump through some hoops to prove that they really want to be here! The ones who cheat their way over haven't proven that they want anything to do with this country. That is a problem!

This issue ticks me off so bad! I wish Arizona could turn off the power to those self-righteous crooks in LA. The people upholding the law are being punished and that is the perfect example of why our country is going to hell in a handbasket.

[Flaw]

god damnit now with all the illegal immigrants gone, the price of my arizona ice tea is going to be higher, hope you all are satisfied.

[hicksjd9]

Arizona tea comes from New York .

So your tea should stay the same unless Canadians start jumping the border and New York enacts some law that ticks off the Feds.

[bassist_25]

This is all obviously a plan to get rid of a culture that has made it socially acceptable to eat tacos, thus influencing the taco lobby who are making it a mandate to offer tacos as compensation.

Getting rid of illegal immigrants through the mechanism of asking for their papers when they are suspected of another crime - I guess that's really effective social policy...if there is a high correlation between being an illegal immigrant and engaging in traffic violations. Regardless of any feelings I have about this debate or the normative sociology of it, let's see the conclusion of a program evaluation on Arizona's law in two years. Either we're going to have found out that a bunch of Barney Fifes on a power trip harassed people because they looked hispanic, or a hand full of people who got pulled over for rolling stops have been deported.