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Arizona To 9th Circuit: Court Has Denied Police The Ability To Apply Federal Immigration Law
Flopping Aces ^ | 08-26-10 | Curt

Posted on 08/26/2010 5:34:10 PM PDT by Starman417

Judicial Watch filed a new brief on behalf of Arizona asking the 9th Circuit to reverse the injunction granted by U.S. District Judge Susan Bolton.

According to the new brief: “Even though the Arizona Legislature has done nothing more than enact a series of law enforcement provisions under its well-recognized police powers to protect its citizens from serious public safety concerns, the district court has denied Arizona law enforcement officers the opportunity to reasonably interpret and apply the provisions in a constitutionally valid manner.”

On July 28, 2010, pursuant to a lawsuit filed by the Obama administration, a federal court put a hold on four of SB 1070’s key provisions until such time as the court determines that they are constitutionally sound. Judicial Watch addressed the legality of all four provisions in its appellant brief.

State Senator Pearce:

(Excerpt) Read more at floppingaces.net...


TOPICS: Politics; Society
KEYWORDS: arizona; immigration; obama

1 posted on 08/26/2010 5:34:14 PM PDT by Starman417
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To: Starman417

this is an outrage.


2 posted on 08/26/2010 5:35:45 PM PDT by dalebert (true hillbilly)
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To: dalebert

Oh, c’mon. Judicial Watch should be able to file an amicus brief if they want to.


3 posted on 08/26/2010 5:37:45 PM PDT by Mr. Lucky
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To: Starman417
Federal Immigration and Nationality Act State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration

Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority.

The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens.

4 posted on 08/26/2010 5:49:07 PM PDT by NoLibZone (Communities regularly fight the construction projects, Walmarts Starbucks and even tree removal.)
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To: Starman417

Time to Ignore this rubbish and protect the country.


5 posted on 08/26/2010 5:57:13 PM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: Cheetahcat

“Time to Ignore this rubbish and protect the country.”

BINGO!!!!!

It is also time to get rid of PC. If a Liberal attacks you tell them where to stick it and make sure the LSM gets it. Let them show it to every American and use their spin.

No one believes them anyway.


6 posted on 08/26/2010 6:18:53 PM PDT by EQAndyBuzz (Remember March 23, 1775. Remember March 23, 2010)
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To: Cheetahcat

“Time to Ignore this rubbish and protect the country.”

BINGO!!!!!

It is also time to get rid of PC. If a Liberal attacks you tell them where to stick it and make sure the LSM gets it. Let them show it to every American and use their spin.

No one believes them anyway.

When I have these battles with Libs I tell them they are either Liars or Useful Idiots. They start whining about calling them names.


7 posted on 08/26/2010 6:19:56 PM PDT by EQAndyBuzz (Remember March 23, 1775. Remember March 23, 2010)
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To: EQAndyBuzz

“BINGO!!!!!

It is also time to get rid of PC. If a Liberal attacks you tell them where to stick it and make sure the LSM gets it. Let them show it to every American and use their spin.

No one believes them anyway.”

I shout them down big time ,the lefties here need deflated and my having Been pissed off for two years, only too happy to oblige.


8 posted on 08/26/2010 6:26:25 PM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: EQAndyBuzz

“When I have these battles with Libs I tell them they are either Liars or Useful Idiots. They start whining about calling them names.”

LMAO that is the 100% truth.


9 posted on 08/26/2010 6:34:14 PM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: Cheetahcat

IMHO Jan Brewer should have ignored that Federal Judge’s ruling and gone ahead with the AZ Immigration law on the grounds that only the SCOTUS has jurisdiction in a suit agains’t a sovereign state. Its clearly spelled out in the Constitution.

What is Holder going to do? Send in Troops? They are all in Afghanistan, Iraq, Korea, Germany etc. Personally I don’t think Obama has the stones to send in troops to a state. They probably wouldn’t go anyway.


10 posted on 08/26/2010 8:37:56 PM PDT by Georgia Girl 2
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To: Georgia Girl 2

“IMHO Jan Brewer should have ignored that Federal Judge’s ruling and gone ahead with the AZ Immigration law on the grounds that only the SCOTUS has jurisdiction in a suit agains’t a sovereign state. Its clearly spelled out in the Constitution.

What is Holder going to do? Send in Troops? They are all in Afghanistan, Iraq, Korea, Germany etc. Personally I don’t think Obama has the stones to send in troops to a state. They probably wouldn’t go anyway.”

She can send in the national guard and declare Marshal law down on the border.


11 posted on 08/26/2010 8:47:59 PM PDT by Cheetahcat (Zero the Wright kind of Racist! We are in a state of War with Democrats)
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To: Georgia Girl 2

I would like to see more governors assert state sovereignty and just move to nullify unconstitutional laws and rulings from the federal government. Just ignore the feds. Let them take the first step.


12 posted on 08/26/2010 8:50:36 PM PDT by ClearCase_guy
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To: EQAndyBuzz

Never was PC. Never was MC. Never was any liberal period. I DESPISE THEM.


13 posted on 08/26/2010 9:59:13 PM PDT by Lumper20
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