Federal Judge Blocks Part of Arizona Immigration Law

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Federal Judge Blocks Part of Arizona Immigration Law

Published July 28, 2010
| FoxNews.com

:facepalm:

NBC's Pete Williams says U.S. District Court Judge Susan Bolton has enjoined the state from requiring police to inquire about the immigration status of anyone they reasonably suspect was in the country illegally, MSNBC reports.

Update at 1:24 p.m. ET: The AP confirms that a key part of the immigration law has been enjoined.

Update at 1:26 p.m. ET: The key part of the law that has been put on hold is the controversial section that required officers to check a person's immigration status while enforcing other laws, the AP says. The judge also put on hold a part of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.

So why if I get pulled over DO I have to show my Driver license..So why DO I have to show my ID and SS# when I apply for a Job..


Update at 1:36 p.m. ET: The judge, writes that "requiring Arizona law enforcement officials and agencies to determine the immigation status of every person who is arrested burdens lawfully-present aliens because their libertywill be restricted while their status is check."

If I am ARRESTED and in JAIL HOW is MY LIBERTY being RESTRICTED..I AM IN JAIL :142smilie


Update at 1:43 p.m. ET: Elsewhere, in finding that the state's mandatory immigration verification requirement preempted federal law, the judge said that the increase in the number of requests to the federal agencies to determine immigration status "will divert resources from the federal government's other respnsiblities and priorities."

God Forbid YOU DO YOUR JOB! :facepalm:
 
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Trampled Underfoot

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I'm white. I know that seems to bother you. Because there is no way that someone could be white and actually care about the rights of all Americans.

:0074
 

gardenweasel

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I'm white. I know that seems to bother you. Because there is no way that someone could be white and actually care about the rights of all Americans.

:0074


it`s not about the rights of americans....there have been no civil rights violations...the law hasn`t taken effect...

and you are an utter moron...
 
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I'm white. I know that seems to bother you. Because there is no way that someone could be white and actually care about the rights of all Americans.

:0074

care about the rights of all Americans.


EXACTLY..NOT ILLEGAL IMMIGRANTS
 

UGA12

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I'm white. I know that seems to bother you. Because there is no way that someone could be white and actually care about the rights of all Americans.

:0074


Have you no decency, it is European American:facepalm: To be labeled by color is just wrong and should not be stood for:nono: Being a fellow European American, I would also like to stand proud and stick out my chest while I say that I too support the rights of every LEGAL American.
 

Trampled Underfoot

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How? You dont have to go into detail, but how would the law deny the rights of legal Americans?

It allows the state to stop someone based on appearance and race. I know being white you won't have to worry about it but some people will be getting stopped all the time. Its a violation of rights. To not be aware of that is just having your head in the clouds.
 

UGA12

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It allows the state to stop someone based on appearance and race. I know being white you won't have to worry about it but some people will be getting stopped all the time. Its a violation of rights. To not be aware of that is just having your head in the clouds.

Please show me where the law says that people can be pulled over because of race/appearence. If you can do that I will humbly apologize and rid myself of this thread.
 

Trampled Underfoot

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Please show me where the law says that people can be pulled over because of race/appearence. If you can do that I will humbly apologize and rid myself of this thread.

I'm sure it doesn't. Let me ask you a question. If the law is enacted, how many white people are going to be questioned the first day? How many minorities? I don't like people coming illegally either. However, some of them are here legally. Those people would have to deal with this everyday. Its a violation of their rights. Plain and simple. Why do you think so many people are pissed about this? You think we all want the borders opened up?
 

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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.
 

UGA12

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I'm sure it doesn't. Let me ask you a question. If the law is enacted, how many white people are going to be questioned the first day? How many minorities? I don't like people coming illegally either. However, some of them are here legally. Those people would have to deal with this everyday. Its a violation of their rights. Plain and simple. Why do you think so many people are pissed about this? You think we all want the borders opened up?

1- Yes, I am sure it doesnt say that either.

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:

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?

We will never agree on this, but to throw out statements such as it allows cops to pull people over because of their skin color is ignorant and ultimately at the core of why states are having to take these matters up themselves. 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.
 
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