51
   

May I see your papers, citizen?

 
 
djjd62
 
  1  
Reply Wed 28 Apr, 2010 09:24 am
@H2O MAN,
H2O MAN wrote:
Arizona's new law does apply to everyone and anyone that is not in their state legally. The law is color blind, but the same can not be said about its opponents.


to be absolutely fair, i'd bet the same can not be said forsome it's proponents either
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 28 Apr, 2010 09:36 am
@CoastalRat,
CoastalRat wrote:

Just curious, but how is Arizona demonizing a race? I truly don't get this.


99% of illegal aliens in AZ are Hispanic and this bill institutionalizes the demanding of their citizenship papers for whatever reason a cop like.

Look, we all know that cops make up bullshit reasons to stop or harass people they think 'look suspicious.' It's been going on forever and it's what will go on here as well.

The lawsuits over this are going to be fantastic... AZ made a real mistake here.

Cycloptichorn
Thomas
 
  3  
Reply Wed 28 Apr, 2010 09:47 am
@djjd62,
djjd62 wrote:
but anyone in the country illegally is an illegal immigrant, in my mind this should be a federal responsibility not a state one and it should apply to all people who are here illegally

The US constitution agrees with you. When people cross the border to sell their labor, that's a classic case of commerce. "The Congress shall have power to regulate commerce with foreign nations." It also "shall have power to establish an uniform Rule of Naturalization". (US Constitution, Article 1, Section 8). Immigration is a federal issue. A state has no business passing immigration laws.
0 Replies
 
CoastalRat
 
  3  
Reply Wed 28 Apr, 2010 10:01 am
@Cycloptichorn,
I have no doubt that police officers will at times harass people who "look" suspicious, because as you say, it has always happened. But if that is a reason not to try to enforce federal law, then why enforce any law because the harassing of people who look suspicious is not going to stop.

Look, I don't know if the law is constituional or not, but the bottom line is that people in Arizona are fed up with the problem and with a federal government that seems to turn a blind eye toward it for political reasons (regardless of party it seems). So they are trying to do something about it themselves. All power to them. It seems the only ones in Arizona who should be complaining are those who are citizens or here legally who may have their status questioned, and from what I can tell, a large majority of them support the law. In actuality, the only ones this law will hurt are those in this country illegally. Their remedy is to just not come here illegally.
Thomas
 
  1  
Reply Wed 28 Apr, 2010 10:02 am
@H2O MAN,
H2O Man wrote:
Arizona's new law does apply to everyone and anyone that is not in their state legally. The law is color blind,

But if the police officers enforcing it aren't color blind, the law gives them its blessing. It merely requires that they use other indicators too: "A law enforcement official or agency of this state, or a county, city, town or other political subdivision of this state may not solely consider race, color, or national origin in implementing the requirements of this subjection". (Senate Bill 1070, section 2, subsection B (PDF)). Note: "not solely". The law does not prohibit racial profiling altogether.
0 Replies
 
Thomas
 
  3  
Reply Wed 28 Apr, 2010 10:09 am
@CoastalRat,
Coastal Rat wrote:
Look, I don't know if the law is constituional or not, but the bottom line is that people in Arizona are fed up with the problem and with a federal government that seems to turn a blind eye toward it for political reasons (regardless of party it seems).

Being fed up does not justify anyone (including democratic majorities) in violating the constitutional rights of anybody else (including unpopular minorities). Being fed up also doesn't justify a state in usurping powers that the US constitution has delegated to the federal government.

Coastal Rat wrote:
All power to them.

How do you get from "look, I don't know if the law is constitutional or not" to "all power to them?"
Cycloptichorn
 
  1  
Reply Wed 28 Apr, 2010 10:09 am
@CoastalRat,
I think the ramifications of this are going to be a nightmare for the State, however well-intentioned they seem; and a lot of Conservatives seem to agree with me.

From the National Review:

Quote:
Debating Arizona [Cesar Conda]

Ramesh, perhaps it is you who have been misled about the new Arizona law. According to some very smart lawyers and immigration policy experts I've consulted, proponents of the new law are wrong in asserting that "lawful contact" means lawful detention. According to former assistant U.S. attorney Bill Otis: "As Justice White said in concurrence in Terry v. Ohio: 'There is nothing in the Constitution which prevents a policeman from addressing questions to anyone on the streets.' What limitations there are come almost exclusively from 'reasonable suspicion.'"

Byron York says, by the way, that "The law clearly says that if someone produces a valid Arizona driver's license, or other state-issued identification, they are presumed to be here legally. There's no reasonable suspicion." Actually, that's not what the law says. It says that an Arizona license creates this presumption, but it definitely does not say that any "other state-issued identification" does so. Other government-issued identifications only have this effect "[if the [issuing] entity requires proof of legal presence in the United States before issuance . . ." (Art. 8 11-1051 B. 4).

Many states have no such requirement, and therefore many out-of-state licenses won't work. Moreover, the police officers are going to need a list of all the federal, state, and local identifications that do and don't have such a prerequisite in order to know whether an I.D. creates the presumption. Indulging in the fantasy that officers actually will be provided such lists, that they will be accurate, and that the officers will use them, at a minimum anyone with a license from a state that doesn't require such proof will need to carry something that does prove that he or she is here legally. I'm not even sure what this would be for Americans " a birth certificate, perhaps?

The bottom line is that this new law places enormous discretion in the hands of local police officers, since there are any number of circumstances in which an interaction between a police officer and a private individual is "lawful contact"; indeed, there are very few in which it is anything other than lawful contact, according to Mr. Otis.

This is why conservatives like Jeb Bush, Marco Rubio, Tunku Varadarajan, David Boaz of the Cato Institute, Bob Barr, and others have raised concerns about the Arizona law, and specifically that this "reasonable suspicion" standard could lead police officers to unreasonably single out legal immigrants and American citizens. Some proponents of the new law contend that the only likely context where this law would come into play is a traffic stop. But what appears to be a speeding van filled with illegal immigrants could also be an American family of ethnic origin driving through Arizona on vacation and going a little over the speed limit.

We all want to stop illegal immigration, but I'm afraid the Arizona law will cause more problems than it solves, and it certainly should not be used as a model for other illegal immigration control legislation.


Cycloptichorn
Cycloptichorn
 
  0  
Reply Wed 28 Apr, 2010 10:10 am
@Thomas,
Thomas wrote:

Coastal Rat wrote:
All power to them.

How do you get from "look, I don't know if the law is constitutional or not" to "all power to them?"


Simple - you don't have a strong regard for whether something is constitutional or not if it accomplishes a goal you like.

Cycloptichorn
0 Replies
 
CoastalRat
 
  1  
Reply Wed 28 Apr, 2010 10:24 am
@Thomas,
How is someone's constitutional rights being violated? If an officer stops you for a valid reason (the way I read the bill, they cannot just walk up and stop people for no reason, but I'm sure you'll tell me if I am mistaken) the officer has a right to ask for id. If legal id is produced, no problem. If none can be produced, you can be detained on suspicion of being in the country illegally (which is a crime you know). How is any of that a constitutional violation?

The "all power to them" is simply that. I hope the law passes constitutional muster. All power to them on that because I support their efforts to do something. If it does not pass constitutional muster, then it will be struck down and they will have to do something else. Whether it is or is not constitutional is not for me, or you, or Senator Graham to decide. We may have opinions, but that is all we have and the Senator's opinion is of no more value than your opinion or my opinion.
hawkeye10
 
  1  
Reply Wed 28 Apr, 2010 10:34 am
@Thomas,
Quote:
Being fed up does not justify anyone (including democratic majorities) in violating the constitutional rights of anybody else (including unpopular minorities). Being fed up also doesn't justify a state in usurping powers that the US constitution has delegated to the federal government.
facts not in evidence. Those who made this law say that it is illegals who they are looking for...when you say that they don't like minorities you are calling them liars. If you can't prove your assertion you should cease and desist your uncivil tone.
0 Replies
 
Thomas
 
  2  
Reply Wed 28 Apr, 2010 10:39 am
@CoastalRat,
CoastalRat wrote:
How is someone's constitutional rights being violated? If an officer stops you for a valid reason (the way I read the bill, they cannot just walk up and stop people for no reason, but I'm sure you'll tell me if I am mistaken) the officer has a right to ask for id. If legal id is produced, no problem. If none can be produced, you can be detained on suspicion of being in the country illegally (which is a crime you know). How is any of that a constitutional violation?

Initially, that was the way I read the bill, too, but there's more to it than that. An officer stopping you for speeding, say, is not the only kind of "lawful contact" that triggers his duty to establish your immigration status. Another trigger is when you call the police of your own free will. So consider the scenario where you watch a gang beating somebody up or raping someone. You want to call the police so they can stop the gangsters. But you're in the country illegally, and it's now illegal for the police not to ask for your papers. So you don't call them. That's when people's rights start to get threatened.
hawkeye10
 
  1  
Reply Wed 28 Apr, 2010 10:39 am
@Cycloptichorn,
Quote:
I think the ramifications of this are going to be a nightmare for the State, however well-intentioned they seem; and a lot of Conservatives seem to agree with me.
kinda blows the whole argument that this law is a result of Republican group think now doesn't it...The vast majority of Arizona citizens agree with this law.... citizens of all political types, and a minority disagree....of all political types.
hawkeye10
 
  1  
Reply Wed 28 Apr, 2010 10:42 am
@CoastalRat,
Quote:
I guess I'm just confused. The state law is simply restating the federal law that makes being in this country illegally a crime, thus allowing state enforcement of what is already a federal law. It seems to me the people who are objecting the loudest are simply upset that a state is going to begin enforcing a federal law that our federal government has been unable or unwilling to enforce.


YOu are not confused, you nailed it.
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 28 Apr, 2010 10:45 am
@hawkeye10,
hawkeye10 wrote:

Quote:
I think the ramifications of this are going to be a nightmare for the State, however well-intentioned they seem; and a lot of Conservatives seem to agree with me.
kinda blows the whole argument that this law is a result of Republican group think now doesn't it...The vast majority of Arizona citizens agree with this law.... citizens of all political types, and a minority disagree....of all political types.


I don't care about that argument one way or another. I think the law was ill-conceived and contains multiple problems for the State - and the Republican party who backed the law. It certainly is riling up a lot of anger against them, not only in AZ but across the country.

Cycloptichorn
CoastalRat
 
  1  
Reply Wed 28 Apr, 2010 10:46 am
@Thomas,
I didn't read anywhere in the bill that it is illegal for an officer NOT to ask for id. But if you are going to make up a situation, I can make up a perfectly good solution. After calling 911, there is no requirement that you stand there and when an officer shows up you run up to him and tell him you are the good citizen that called. And I'm quite certain the officer will be more interested in investigating the crime than in finding out and demanding id from the person who called. But of course, that's just me. I guess the officers could be more interested in the caller than in investigating the crime.
0 Replies
 
CoastalRat
 
  1  
Reply Wed 28 Apr, 2010 10:51 am
@Cycloptichorn,
I don't think there will be any problem in Arizona. Afterall, by all accounts, a vast majority, including republicans and democrats, support the passage of this law. I understand why democrats will do all they can to make noise about this on a national level, but I think by and large the citizens of Arizona are quite content with the law. (According to a report I heard this morning, the Arizona governor has had a 13% bump in the polls since signing the law. Not sure of the veracity of that report, but if true I think it certainly backs my point.)
hawkeye10
 
  1  
Reply Wed 28 Apr, 2010 10:51 am
@Cycloptichorn,
Quote:
. It certainly is riling up a lot of anger against them, not only in AZ but across the country.

Arizona leaders work for the people of Arizona, not the rest of the nation. People of other states have their own leaders. You seem to be deeply confused about the process of representative government in the united states concept.

As for damage to Arizona, that is their problem, the governor said that they have fully considered this and have come to the conclusion that claims of damage are over-sold. If she is wrong that is Arizona's problem to deal with. They do have remedy for this, it is called elections.

You act like you care about Arizona, were in reality you refuse to mind your own business. You are not a citizen of Arizona, so this is not your call.
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 28 Apr, 2010 11:00 am
@CoastalRat,
CoastalRat wrote:

I don't think there will be any problem in Arizona. Afterall, by all accounts, a vast majority, including republicans and democrats, support the passage of this law.


So what? That doesn't mean that the law isn't going to have very negative consequences for their state. The 'vast majority' of people have no understanding of what is and isn't constitutional. And the lawsuits are going to fly on this one left and right.

AZ citizens didn't have a problem with not recognizing MLK day either - but the rest of the country did, and AZ was punished for not doing so. You will see something similar happen here.

Cycloptichorn
CoastalRat
 
  1  
Reply Wed 28 Apr, 2010 11:04 am
@Cycloptichorn,
I think Arizona is hoping to have consequences. They are hoping illegal immigrants will bypass their state and head elsewhere. They won't mind that kind of boycott at all. Cool

Cycloptichorn
 
  1  
Reply Wed 28 Apr, 2010 11:13 am
@CoastalRat,
CoastalRat wrote:

I think Arizona is hoping to have consequences. They are hoping illegal immigrants will bypass their state and head elsewhere. They won't mind that kind of boycott at all. Cool


I can understand why those who are frustrated with the illegal immigration issue would look on this with approval, but I submit that you have not submitted the situation to critical analysis and asked yourself what could go wrong.

I would point out that the first section of the bill allows any citizen who believes that a city or government unit isn't doing everything they can to enforce these laws to the fullest to sue them. And the fines are steep. You are going to see a huge bevvy of lawsuits not only from those who oppose the law, but from those who feel it isn't being enforced enough - just how much taxpayer money do you think the State is going to have to shell out to defend against all these different lawsuits? Where is AZ going to come up with the money for this?

This whole situation has disaster written all over it...

Cycloptichorn
 

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