Skip to comments.Breaking: Judge Rules on Arizona Immigration Law
Posted on 07/28/2010 10:19:57 AM PDT by God luvs America
strikes down the portion of officials demanding papers from immigrants....no word yet if she has decided this law trumps fed law but she has not struck down entire law...
info is coming in on Fox...
has struck down part of the law but not the entire law...they are saying parts of the law will be enforced starting tomorrow...
according to Rushbo, police may not question to determine immigration status, so basically, the law has no teeth.
Ridiculous. I wonder what threats against this judge have been leveled by Hussein.
Only the part that matters.
Time to sack DC.
Gee, guess I don’t have to drag my wallet around with me any more. It’s a PITA.
So if you get stopped for speeding, drunk driving, running a red light, whatever, in Arizona, you don’t have to produce your papers. Just claim you may or may not be an immigrant.
Why bother even having state legislatures?
The hard tyranny is here.
It is meaningless now.
I am a little confused. How is a legal immigrant going prove their legal status if not for papers? How is an illegal alien going to be determined if no papers can be asked for? Seems rediculous, but that is probably the judges desired outcome to begin with.
Headed to 9th circus where you can guess what will happen there. Oh brother!
She only stopped part .. the guts of it.
according to Rush the Judge ruled police can’t determine illegal status. Might as well say there is no law. Looks like all the illegals can move back in.
This is a day of days for terrorists and communicable diseases.
Why the hell are these threads getting pulled?
Yes it’s illegal to be in the country illegally...but it’s illegal to ask if your illegal.
Wikileaks and now this can make for one HELL of a depressing day.
Trouble is, by the time it reaches the Supremes, amnesty will already by passed by the House and Senate.....a law that can't be undone.
This makes me sick. What the hell happened to this country?
A Driver License or State issued I.D. would suffice under the proposed law.
...another female judge standing with the democrats and shredding the constitution...
Who is the liberal judge??? SOmeone know? This needs to go to court now while we have the leverage.
Move along...Move along...Nothing to see here, people! Just a socialist democrat judge gutting the Constitution!
What about us native-born citizens ? WE will still be required to produce our ID's, of course.
“according to Rush the Judge ruled police cant determine illegal status.”
Makes you wonder just how the left defines the word “illegal.”
As usual, right/wrong... intelligent... all of these are completely meaningless to a leftist on the bench. The only thing that matters is their agenda to destroy our society... and if the country is destroyed in the progress, all the better.
Its Obama’s fault!
I guess we don’t need no stinkin ID anymore. Illegals can be contractors, pilots, Dr.’s, bus drivers, etc... The only people who need ID’s are the people who have MONEY so the government can take it because there are so many laws you are bound to break one of them. SICK
The Communists infiltrated our MSM, Gov bureaucracies, Academia and the Courts.
We are done.
This will be the “gay marriage” of this election—the defeat of a conservative position feeds conservative turnout in the next election.
While I of course would have wanted a different result here, I think this will help tip a number of elections toward R.
And I ain’t no optimist—it just seems like the way these things go.
Being a citizen has become a liability.
Nothing on Fox site
So do it like Obama: reword the law and issue an executive order. Then do it again and again until the judge gives up.
That’s how it works, right?
Hey, next move, let's stop filing those pesky taxes every years. That's got to be unconstitutional too.
PHOENIX A judge has blocked the most controversial sections of Arizona’s new immigration law from taking effect Thursday, handing a major legal victory to opponents of the crackdown.
The law will still take effect Thursday, but without many of the provisions that angered opponents including sections that required officers to check a person’s immigration status while enforcing other laws. 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.
U.S. District Judge Susan Bolton put those controversial sections on hold until the courts resolve the issues.
Opponents say the law will lead to racial profiling and is trumped by federal immigration law.
Is it possible to build a nuclear weapon that targets only democrats?
So, it’s ok to demand papers from law-abiding citizens, but not from law-breaking trespassers.
So, if you are stopped in AZ, it is best to claim that you may be here illegally and do not have to produce any papers...because a judge said so.
KLINTON Appointee and DemoRat Party Hack...
Truly amazingly stupid people have positions of responsibility in the USA...
Did anyone expect anything different? Really, the rule is simple, a democrat appointed judge will ALWAYS throw the constitution out the door and rule based on politics.
You want to truly restore the constitution in this oountry. It starts with judicial reform. I propose a constitutional amendment that clearly defines the role of the judiciary and makes strict constructionism the law of the land and ignoring it an impeachable offense.
As the AZ law goes so does our country....GOD I’M SO ANGRY AND SICK OF IT!!
lol ya the illegal part ...cannot determine immigrations status..in other words ...We cannot expect protection from the Federal government
Illegals have all the right. we have none
Originally the thread didn’t permit replies for some reason. I know because I tried to reply and there was no reply box available. I guess the mods fixed it. Good on them.
federal law REQUIRES them to carry their legal status papers. The ONLY nation not so required is Canada.
So they should be able to be asked under federal law.
“9th circus”.. I like that.. LOL..
I can’t wait til this reaches the SC. I think we have a 5-4 there.
Reality vs. Myth: SB1070
Make it illegal in the State of Arizona for an alien to not register with the government, thus being an illegal alien (already the case at the federal level: 8 USC 1306a; USC 1304e)
Allow police to detain people where there is a reasonable suspicion that theyre illegal aliens (see the recent court case Estrada v. Rhode Island for an idea of what reasonable suspicion might entail)
Prohibits sanctuary cities (already prohibited at the federal level, 8 USC 1373) and allows citizens to sue any such jurisdiction
Reality vs. Myth: SB1070
Myth No. 1: The law requires aliens to carry identification that they werent already required to carry.
Reality: It has been a federal crime (8 United States Code Section 1304(a) or 1306(e)) since 1940 for aliens to fail to carry their registration documents. The Arizona law reaffirms the federal law. Anyone who has traveled abroad knows that other nations have similar requirements. The majority requests for documentation will take place during the course of other police business such as traffic stops. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country. (See News Hour clip 3:45 seconds in)
Myth No. 2: The law will encourage racial profiling.
Reality: The Arizona law reduces the chances of racial profiling by requiring officers to contact the federal government when they suspect a person is an illegal alien as opposed to letting them make arrests on their own assessment as federal law currently allows. Section 2 was amended (by HB2162) to read that a law enforcement official may not consider race, color, or national origin in making any stops or determining an aliens immigration status (previously, they were prohibited in solely considering those factors). In addition, all of the normal Fourth Amendment protections against racial profiling still apply.
Myth No. 3: Reasonable suspicion is a meaningless term that will permit police misconduct.
Reality: Reasonable suspicion has been defined by the courts for decades (the Fourth Amendment itself proscribes unreasonable searches and seizures). One of the most recent cases, Estrada v. Rhode Island, provides an example of the courts refining of reasonable suspicion:
A 15 passenger van is pulled over for a traffic violation. The driver of the van had identification but the other passengers did not (some had IDs from a gym membership, a non-drivers license card from the state, and IDs issued from the Guatemalan Consulate). The passengers said they were on their way to work but they had no work permits. Most could not speak English but upon questioning, admitted that they were in the United States illegally. The officer notified ICE and waited three minutes for instructions.
The SB1070 provision in question reads:
For any lawful contact made by a law enforcement official or agency of this state . . . 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.
Myth No. 4: The law will require Arizona police officers to stop and question people.
Reality: The law only kicks in when a police officer stopped, detained, or arrested someone (HB2162). The most likely contact is during the issuance of a speeding ticket. The law does not require the officer to begin questioning a person about his immigration status or to do anything the officer would not otherwise do.
Only after a stop is made, and subsequently the officer develops reasonable suspicion on his own that an immigration law has been violated, is any obligation imposed. At that point, the officer is required to call ICE to confirm whether the person is an illegal alien.
The Arizona law is actually more restrictive than federal law. In Muehler v. Mena (2005), the Supreme Court ruled that officers did not need reasonable suspicion to justify asking a suspect about their immigration status, stating that the court has held repeatedly that mere police questioning does not constitute a seizure under the Fourth Amendment).
I am sick to my stomach. This is disgusting. Now I am 100% positive that something tragic is going down here in Arizona before the elections, and it will be blamed on this.
this is what we will get with kagan