Federal Judge Blocks Part of Arizona Immigration Law

UGA12

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http://online.wsj.com/article/NA_WSJ_PUB:SB10001424052748703722804575369442002124112.html

PHOENIX?A lawyer for a Phoenix police officer told a federal court Thursday his client could be sued for racial profiling if he enforces Arizona's new immigration law. It is the first hearing in a series of legal challenges filed over the controversial crackdown which has divided law enforcement in the state and across the country.

Officer David Salgado, a 19-year veteran of the Phoenix police department, could also lose his job if he fails to enforce the new law, his attorney said.

Arizona's statute requires an officer to verify the immigration status of a person stopped for other alleged crimes, if "reasonable suspicion" exists of illegal presence in the U.S.


"If he enforces the law, he can be sued. If he doesn't enforce the law, he can be sued" by a private citizen, said Stephen Montoya, the attorney for Mr. Salgado. His client "is caught between a rock and a hard place," he said.

Mr Montoya also argued that the law, which makes it a state crime to be in the U.S. illegally, usurps federal authority over immigration. "The state of Arizona cannot order its employees to violate federal law," he said.

Attorneys for Arizona Gov. Jan Brewer told the judge that the lawsuit, which was also filed by an advocacy group called Chicanos Por La Causa, should be dismissed because the police officer and the group have no valid claim of immediate harm and the state law doesn't trump federal immigration law.

Outside the courthouse, in 105-degree heat, about 50 protesters and supporters of the law gathered; police kept the two sides apart.

U.S. District Judge Susan Bolton did not rule on whether to dismiss the challenge or block the law from being enforced. Unless an injunction is issued by a federal judge, the law will go into effect on July 29.

Hearings on at least two of the six other lawsuits, including one filed by the Obama administration, are scheduled for next week. One of the six suits was filed by another police officer, Martin Escobar. Mr. Escobar, who patrols a heavily Hispanic enclave in Tucson, the state's second-largest city, claims in the lawsuit that he would lose the cooperation of Latino witnesses, which he said was a key to solving crimes.

Separately, two Arizona county sheriffs announced the establishment of a legal fund to raise money to defend themselves and their deputies against lawsuits.

In May, police chiefs from Phoenix, Los Angeles, Houston, Philadelphia and other large cities met with Attorney General Eric Holder to voice concern that the law will drive a wedge between police and immigrant communities, drain resources and undermine public safety. Legislators in several states have begun to draft laws similar to that of Arizona.

But some police officers and sheriffs in Arizona, the country's busiest corridor for human and narcotic smuggling, say the law gives them an additional tool to tackle illegal immigration.

Law enforcement officers, who can decide when to arrest or shoot someone, should also be trusted to enforce the new law without profiling based on race, said Pinal County Sheriff Paul Babeu, whose jurisdiction covers a vast area between the Mexican border and Phoenix. "I believe in my deputies' professionalism," he said.

Currently, only 11 Pinal County deputies are cross-trained under a federal program that empowers some local law enforcement to help identify illegal immigrants.

"Now, all 214 of my deputies will have the authority" to round up those suspected of being here illegally, Mr. Babeu said.

The offices of Sheriff Babeu and nearby Cochise County Sheriff Larry Dever are named in a lawsuit recently filed by the American Civil Liberties Union. On Thursday, they announced they had started a legal fund, with the support of a non-profit group, Legacy Foundation, to help defend them against lawsuits.

"People will be lining up to sue us for racial profiling," said Mr. Dever. "It's an insult to the rank-and-file deputies who know how to operate within the parameters expected of them."

Ms. Brewer has also hired a private attorney to represent her in the lawsuits.

Ms. Brewer has said racial profiling won't be tolerated. After signing the bill on April 23, she ordered the state's police training and licensing board to develop a program that sets standards for enforcement to prevent profiling.

Not sure what you were going after here. When a legal stop is made and said person cant varify they are legal then it goes to the next step:shrug: I kinda thought we discussed that. If the point of this is to say that there are "advocacy groups" out there that will claim profiling in every case then I am just shocked:0002 . If you want to agrue whether a stop is made legally then we may have something to talk about, just as we have to do in most other stops made around the country where the accused decide on the court route. But to use that as a ruse to discount the law is pretty intellectually weak. Good read though, backed up what I have been saying.
 

hedgehog

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what is the problem with requiring them to have an id, no legit id, you get deported, makes sense to me
 

gardenweasel

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If that law goes into place, the rights of some Americans would be violated. Its very simple. Maybe too simple for some of you.

those of us here legally are already forced to carry our papers...

to drive,to vote,to write a check,to set up a cable t.v. account.....this idea that "show me some proof of identity/citizenship" will destroy that process is liberal bullshit.....

looks like this decision allows illegals some immunity from having to follow the laws that legal citizens must obey... certainly regarding the breaking of our immigration law....

make no mistake...this is the first move toward geting democrats a new voting block...

it`s political...and flies in the face of what 70 % of americans want....

they`d better do as much damage as they can now....november will be judgement day...
 
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Trampled Underfoot

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2- Again feel free to enlighten me but I think that those that have their status checked are those that are arrested or detained. BTW that is the same thing that happens to me when I am pulled over:shrug:

....and why are they being detained? They will be able to be detained due to their skin color.
 

Trampled Underfoot

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3- Because someones base is being angered and the federal government that refuses to do anything doesnt want to see anything done by states:shrug: Am I close?

The federal government should do something including bringing our troops home to defend our borders.
 

Trampled Underfoot

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I am sure you have a good heart, but you have brought little to the table in the form of facts about why this law is bad. You have your opinions just as everyone else, but hollow rhetoric is a pretty lousy way to debate a topic.

Excuse me? This law is a vehicle to discrimination If you choose to ignore it that is up to you.
 

Trampled Underfoot

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If you want to agrue whether a stop is made legally then we may have something to talk about

Thats what this is all about. This law will allow cops to ask for papers without any other reason to stop the individual. That is my understanding. I have no problem with them pulling someone over for speeding and then asking for papers. I'll read the whole thing later. Maybe i'm wrong.
 

airportis

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its amazing how many racist people there still are running around.:facepalm:
 

gardenweasel

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....and why are they being detained? They will be able to be detained due to their skin color.

you are amazing...you spout shit without having even rudimentary knowledge of the subject matter....


"For any lawful contact made by a law enforcement official or a law enforcement agency?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?"



"lawful contact," defines what must be going on before police even think about checking immigration status....the cop has to be engaged in detention because the person has violated some other law.....i.e. a traffic stop...


the law indicates that if someone produces a valid az. driver's license, or other state-issued identification, they are presumed to be here legally. ...there's no reasonable suspicion....


we`re all required to supply i.d. in that instance...is producing a valid driver`s license a hardship?...if it is,it`s a hardship for every swinging dick in this forum...



you just can`t stop "brown skinned people" and check them for their immigration status...and any idiot knows that many mexicans look anglo anyway...

so much ignorance...:facepalm:
 
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Trampled Underfoot

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you are amazing...you spout shit without having even rudimentary knowledge of the subject matter....


"For any lawful contact made by a law enforcement official or a law enforcement agency?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?"



"lawful contact," defines what must be going on before police even think about checking immigration status....the cop has to be engaged in detention because the person has violated some other law.....i.e. a traffic stop...


the law indicates that if someone produces a valid az. driver's license, or other state-issued identification, they are presumed to be here legally. ...there's no reasonable suspicion....


we`re all required to supply i.d. in that instance...is producing a valid driver`s license a hardship?...if it is,it`s a hardship for every swinging dick in this forum...



you just can`t stop "brown skinned people" and check them for their immigration status...and any idiot knows that many mexicans look anglo anyway...

so much ignorance...:facepalm:

Listen asshole, I said I would read it in its complete form this evening. That was my understanding of the law. Once again you have trouble reading what someone has stated.
 

UGA12

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Excuse me? This law is a vehicle to discrimination If you choose to ignore it that is up to you.

What law isn't a vehicle to discrimination. Let's do away with all laws because the person enforcing them may make a mistake or intentionally abuse their power. Hmmmm sounds like a sound plan to me.

Btw I guess I have given you to much credit if you don't understand that when you are pulled over that you are not under arrest but simply being detained for a perceived offense.
You obviously have concerns with how the law is enforced buti will say again you have offered zero to validate why the law is bad itself.
 

Trampled Underfoot

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What law isn't a vehicle to discrimination. Let's do away with all laws because the person enforcing them may make a mistake or intentionally abuse their power. Hmmmm sounds like a sound plan to me.

Btw I guess I have given you to much credit if you don't understand that when you are pulled over that you are not under arrest but simply being detained for a perceived offense.
You obviously have concerns with how the law is enforced buti will say again you have offered zero to validate why the law is bad itself.

Where is the KKK smiley?
 

Terryray

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just the first legal skirmish. An Appeal is certain.

Democrats think they won it, but it will hurt them politically as it stirs up the opponents (a majority), who will get more fiercely vocal and organized, and those Democratic politicians will be forced to defend their (minority) positions in public again.

and some poor law by the judge in this case will hurt it on appeal.

the judge transmuted the concept of Federal laws preempting local laws to federal law enforcement actions being preempted. AZ isn't preempting any federal laws, just getting them enforced.

The judge spoke of the burden on the federal agencies, but she heard, and ignored, plenty testimony to the contrary. Here's one, starting at #40.

The judge then invokes and mis-applies an old case on this subject from 1941, all the while not mentioning the more recent decisions:

Plyler v. Doe (1982), the Supreme Court wrote:

"we cannot conclude that the States are without power to deter the influx of persons entering the United States against federal law, and whose numbers might have a discernible impact on traditional state concerns"

and 5th circuit appeals, in Lynch v. Cannatella (1987): "No statute precludes other federal, state, or local law enforcement agencies from taking other action to enforce this nation's immigration laws."
 

Lumi

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The bottom line is rather simple. It's just two basic principles:

The Constitution Stands.

Bigotry loses.

Please Miss Know it All,

Where in the Constitution does it State that anyone has the right to break the law when entering and staying in the United States?
 

Jaxx

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Of Course It should be noted that the judge is an Obama appointee.

:facepalm:
 

Chadman

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Food for thought: Are these "undocumented individuals" really crossing the border, or did the border actually cross them in the creation of what we now know as The United States?

What actually is considered "America?" Isn't that actually a continent, and not the United States? Aren't there a lot of other people, other than, um, "Americans" that live on the contininent of America, and in places other than The United States?

Who is, or what is, "an American?"

People throw the "ignorance" term around in this thread and others, and I wonder in type how many people have a fucking clue about the actual history of why they are where they are right now.

Sidebar: Why does the law mention the word "papers?" when talking about proof of citizenship? How many of you have any PAPERS? How many of you have to carry PAPERS around with you IN CASE you are held for a crime? This does not mean a common stop. It means held for a crime. And the police are going to be sued for not conducting this kind of verification business, or they can be sued?

Wow... everything is cool, unless you are a person of (ONE) color or a police officer in Arizona. I mean seriously, what's the problem? All of us have to carry a drivers license when we drive, right?

:rolleyes:
 
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