0
GQ_jumper

Arizona Immigration Law Revisited

Recommended Posts

I know, here in Texas, local law enforcement will apprehend illegal aliens and contact Border Patrol to come get them. Most often, local law enforcement is given some weak excuse that Border Patrol 'just can't get over there so go ahead and cut them loose'!


Chuck

Share this post


Link to post
Share on other sites
Meanwhile Governor Brewer claims 'victory".
Quote

Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.

Share this post


Link to post
Share on other sites
I always like posting the source, when possible: http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf

The whole opinion is itself pretty interesting. The dissents were interesting in that they opined that the sections of the law that were overturned by the majority did not conflict with federal law. In a sense, they called on Congress to make a statement that states have no business doing anything about immigration.

On the other hand, the majority held that Congress has limited what states can do with regard to immigration policy and AZ's overturned laws did not fit within these defined subjects. This opinion painted the subjects as pretty fine lines and I cannot say that either side got it wrong.


My wife is hotter than your wife.

Share this post


Link to post
Share on other sites
Quote

Meanwhile Governor Brewer claims 'victory".

Quote

Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.



Right, 3/4 of the law overturned is her definition of "victory".
...

The only sure way to survive a canopy collision is not to have one.

Share this post


Link to post
Share on other sites
Quote

meanwhile -
Arizona Sheriff Arpaio: "We'll continue to enforce laws despite the Supreme Court's ruling"

this guy is gonna be in court with the Feds for a looooong time.
:S



Well, isn't his enforcement point the 1/4 that is still a law?

ON a radio show an office neighbor listens too a speaker talked about how "they" sued to get the part tossed the SC upheld, not the 3/4 they did toss.

But, my question is how do I prove I am a citizen?

Matt
An Instructors first concern is student safety.
So, start being safe, first!!!

Share this post


Link to post
Share on other sites
Quote

The court voted 5-3 to reject the parts of the law that:

Make it a state crime for illegal immigrants not to possess their federal registration cards;



Good.

Quote

Make it a crime for illegal imigrants to work, apply for work or solicit work;



Isn't it already illegal for an illegal to work in the US?

Quote

Allow state and local police to arrest illegal immigrants without a warrant when probable cause exists that they committed "any public offense that makes the person removable from the United States."



This is disagree with. Basically the Fed is saying the State cannot arrest a person for being in the Country illegally. So they are saying only the Fed can arrest for a Federal crime, and the State can't make a law making a Federal crime also a State crime.

And all of this would not be needed if the Fed was actually doing something about illegal immigration.

This whole thing seems to remind me of the old debate about the dust bowl.... The central US was getting destroyed by terrible farming practices. The Federal Govt didn't show any concern until a dust storm hit DC and the people running from the area created a problem. In this case the Fed is ignoring a problem that is having a major impact on the border States.

Share this post


Link to post
Share on other sites
And the Administration pushed back! What they've announced is that ICE won't cooperate with the feds, unless there is an illegal immigrant who is wanted for a felony.

What's that mean? The part of the law that was approved - that police can check the status of an arrestee or a person stopped - is useless because the Administration has said they won't go make the arrest, nor will they allow Arizona law enforcement to make the arrest.

So what the Admin did was strip AZ's law of any enforceability. If a person is here illegally and a cop figures it out, no dice. The cop cannot detain him/her and ICE won't show, either.

Why do I get the feeling that this is an "up yours" to Arizona from Napolitano?


My wife is hotter than your wife.

Share this post


Link to post
Share on other sites
Quote

Quote

Meanwhile Governor Brewer claims 'victory".

Quote

Today’s decision by the U.S. Supreme Court is a victory for the rule of law. It is also a victory for the 10th Amendment and all Americans who believe in the inherent right and responsibility of states to defend their citizens. After more than two years of legal challenges, the heart of SB 1070 can now be implemented in accordance with the U.S. Constitution.



Right, 3/4 of the law overturned is her definition of "victory".



We'll probably see a similar statement on Thursday when the ruling on ObamaCare is released.

Share this post


Link to post
Share on other sites
Quote

I'm no lawyer (but I stayed at a Holiday Inn Express last night). Isn't there a motion that asks an entity to explain why they are not enforcing the law?



I think that was pretty much addressed in Kennedy's written opinion for the court.
...

The only sure way to survive a canopy collision is not to have one.

Share this post


Link to post
Share on other sites
Quote

I'm no lawyer (but I stayed at a Holiday Inn Express last night). Isn't there a motion that asks an entity to explain why they are not enforcing the law?



It's a writ of mandamus. Basically, a mandatory injunction requiring an official to act.


My wife is hotter than your wife.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

0