So - what do you think of the Arizona immigration bill?


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ThePriestess is offline ThePriestess Post #131  June 21,2010, 5:56pm
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jayjay wrote :
I may be naive but I always hope that courts will decide the merit of cases (such as the constitutionality of a law) on the merits, rather than based on who the plaintiff/defendant are.
I don't mean to imply the identity of the plaintiff/defendant are, or should be, important as to the merits of the case ... just that the identity of the parties might impact the basis for the suit.

But ... I'm no judge/lawer/anything ... and I've not read (nor would I likely fully understand) the suits being presented :P They talk funny in those things.
 
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bigfincat is offline bigfincat Post #132  July 28,2010, 6:17pm
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It is a good thing that something is going forward.

The proposed law had a couple of problems.

Hopefully, as it goes through the legal process the law will be improved & put into place.

The video that was made to train law enforcement did feature some issues.

They could've done without that video. The written law appears to be better as it is less clear in how it would play out.

I don't see this issue as being on the top of our list of priorities but it is something that needs to be dealt with long-term.

I do appreciate that steps are being taken.
 
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zal is offline zal Post #133  July 29,2010, 12:35pm
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bigfincat wrote :
It is a good thing that something is going forward.

The proposed law had a couple of problems.

Hopefully, as it goes through the legal process the law will be improved & put into place.

The video that was made to train law enforcement did feature some issues.

They could've done without that video. The written law appears to be better as it is less clear in how it would play out.

I don't see this issue as being on the top of our list of priorities but it is something that needs to be dealt with long-term.

Edited: Still have not read the entire opinion, but did clarify the "enforcement of federal immigration law" issue. 1070 did have provisions requiring all local govt's and law enforcement to enforce federal law, thereby banning sanctuary cities.

I do appreciate that steps are being taken.
Hey there bigfin! I still need to read the judge's decision which is 35 pages (over 3 times the length of the entire law). From what I've read/heard in the media it sounds like the judge was wrong on all counts. Most troubling is that, (according to the news reports) on the one hand, she found that the police cannot be required to to check immigration status/ are not permitted to check immigration status after making a lawful stop, arrest, etc, but on the other hand she further ruled that local police are required to enforce federal immigration laws. Leaving aside for a moment the apparent catch 22, she is absolutely incorrect that local law enforcement is required to enforce federal law. That's been decided by the US Supreme Court (ironically in a case involving AZ). Maybe it will probably make more sense after I read the Order.
More later.
Last edited by zal; August 1,2010 at 4:06pm.
 
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bigfincat is offline bigfincat Post #134  July 30,2010, 10:01pm
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I think that many people that want to see the border secure would vote "yes" to ANY measure that goes in that direction. Any polling is surely skewed by that fact.

Although I wouldn't lose sleep knowing that Arizona law enforcement chooses to do its thing, the law would be better suited if it were shored up a bit from its original form.

The original form absolutely has profiling issues in how it plays out. They can put in the clause all that they would like that profiling is prohibited but you actually cannot eliminate it.

The fact that Arizona has some sherriffs that perform "sweeps" to wrangle illegals is a form of profiling. It is not just going about their business of enforcing the law & THEN looking into

If some of them do that, well that is fine... but they cannot claim that they are not profiling.

I do hope that we see the proper uniform enforcement of those that engage in "criminal" behavior. I am not exactly comfortable with the fact that they would be allowed to hassle individuals that may have been guilty of an infraction.

The fact that pretty much ANY driver can be pulled over for violating traffic laws at any moment makes that threshold very weak. I mean who doesn't drive 32 in a 25 MPH zone? Only Grandma as far as I can see but she can barely see over the steering wheel even with the use of the yellow pages.

Also, not so comfortable with the fact that others in that vehicle could also be questioned. They were guilty of no infraction.... Also, a Mexican American in that car could be hassled as well.... & he very well might not have ID on him as he was not driving.

Perhaps we could actually deport upon criminal behavior throughout the country thus cutting the numbers down?

Not only cutting the numbers down but also getting rid of the least desirable residents.

Criminal behavior is far less subjective than an infraction whose enforcement is ALWAYS subjective.

As far as securing the borders... I would also love to know what that would entail & the cost associated before making up my mind on that one.

The manpower alone might put a monumental cost on it.
 
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zal is offline zal Post #135  August 1,2010, 4:04pm
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bigfincat wrote :
I think that many people that want to see the border secure would vote "yes" to ANY measure that goes in that direction. Any polling is surely skewed by that fact.

Although I wouldn't lose sleep knowing that Arizona law enforcement chooses to do its thing, the law would be better suited if it were shored up a bit from its original form.

The original form absolutely has profiling issues in how it plays out. They can put in the clause all that they would like that profiling is prohibited but you actually cannot eliminate it.

The fact that Arizona has some sherriffs that perform "sweeps" to wrangle illegals is a form of profiling. It is not just going about their business of enforcing the law & THEN looking into

If some of them do that, well that is fine... but they cannot claim that they are not profiling.

I do hope that we see the proper uniform enforcement of those that engage in "criminal" behavior. I am not exactly comfortable with the fact that they would be allowed to hassle individuals that may have been guilty of an infraction.

The fact that pretty much ANY driver can be pulled over for violating traffic laws at any moment makes that threshold very weak. I mean who doesn't drive 32 in a 25 MPH zone? Only Grandma as far as I can see but she can barely see over the steering wheel even with the use of the yellow pages.

Also, not so comfortable with the fact that others in that vehicle could also be questioned. They were guilty of no infraction.... Also, a Mexican American in that car could be hassled as well.... & he very well might not have ID on him as he was not driving.

Perhaps we could actually deport upon criminal behavior throughout the country thus cutting the numbers down?

Not only cutting the numbers down but also getting rid of the least desirable residents.

Criminal behavior is far less subjective than an infraction whose enforcement is ALWAYS subjective.

As far as securing the borders... I would also love to know what that would entail & the cost associated before making up my mind on that one.

The manpower alone might put a monumental cost on it.
Several points in response. First, the law specifically bans using race as a factor. This will not prevent the fact that the vast majority of those arrested or questioned will be hispanic, but not because of any racism or racial profiling. The simple fact is that the vast majority of illegal aliens in this country happen to be Hispanic. This is especially true in Arizona which borders Mexico. Yes, in practice, some police may engage in profiling. This can be dealt with two ways. 1. Hold police accountable for civil rights violations. 2. Wait and see how the law is enforced before speculating that it will lead to racial profiling.
Second. As you pointed out, profiling can occur now. As despicable and buffoonish I find Sheriff Joe to be, he has been under constant investigation, and all of his sweeps have held up under scrutiny.

Second, as for voters voting on any amendment that secures the border, you are correct. The vast majority of Americans (and I might add, a majority of legal immigrants) wants the border secure before granting any legal status to those here illegally. What would it take to secure the border? The willpower to construct a fence. Fences may not work, you say? They certainly worked along the California and Texas Borders. In fact it is because of these fences that Arizona suffers the burden of being primary (in fact almost exclusive) port of entry for Latin American human and drug smuggling rings.

Third, the problem with granting any kind of amnesty to illegal aliens (albeit "non-criminal" illegals) is that it provides enormous incentive for others to come. This is exactly what happened after the 1986 (date?) amnesty enacted by Reagan. Instead of the intended reduction in illegal immigration, we had an explosion.

Fourth - The most important part of the law, requiring local law enforcement to enforce federal law was upheld. So now law enforcement is still required to enforce immigration law but has no clear direction on how to go about enforcing. You may actually have more racial profiling now.

And final -- a question. Does the recent leaked memo regarding the Obama Administration's plan to investigate ways to grant amnesty (i.e. "legal status") to legal aliens by circumventing Congress concern you?

The Arizona law should not have and would not have been necessary if the federal government had any intention of securing the border or enforcing federal immigration law.
 
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bigfincat is offline bigfincat Post #136  August 1,2010, 6:17pm
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No matter what happened, this law is going to tweaked in the near future.

I actually didn't & don't care how the bill went through. I am glad that it did.

Either way, it was & is going to be adjusted as it goes through the court system.... still always to remain imperfect regardless how it plays out. It is completely impossible to please everyone on the issue.

A big reason that my opinion on it is relatively unimportant on it is that I don't live in a border state nor am I mexican american or hispanic american.

It certainly doesn't affect my life even remotely as much as it does them.

There are illegal immigrants in my state but not in the numbers that would influence my way of life in any real way.

I will say that many houses around here look better due to the use of illegal laborers. They can run rings around me when it comes to drywall & taping!
 
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bigfincat is offline bigfincat Post #137  August 1,2010, 6:29pm
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Actually nothing about the possibility of granting amnesty to a percentage of illegals concerns me nor does the procedure involved.

I have a lot of faith in law enforcement so I have no doubt that they have the common sense to deal with the issue. They actually don't need specific guidelines.... well, at least in my state they do!

I am actually quite certain that some (many) states have far lesser quality civil servants. Yet another reason why my opinion on the issue is less valid than someone closer to the situation.

This one of the very few issues that are so local that states should take the lead in dealing with it. The Feds could/should be heavily involved but should dig in for solutions at local levels.

There is, however, no way in the world to prevent racial profiling. So that argument can go out the window.
 
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zal is offline zal Post #138  August 1,2010, 8:23pm
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bigfincat wrote :
Actually nothing about the possibility of granting amnesty to a percentage of illegals concerns me nor does the procedure involved.

I have a lot of faith in law enforcement so I have no doubt that they have the common sense to deal with the issue. They actually don't need specific guidelines.... well, at least in my state they do!

I am actually quite certain that some (many) states have far lesser quality civil servants. Yet another reason why my opinion on the issue is less valid than someone closer to the situation.

This one of the very few issues that are so local that states should take the lead in dealing with it. The Feds could/should be heavily involved but should dig in for solutions at local levels.

There is, however, no way in the world to prevent racial profiling. So that argument can go out the window.
Regarding racial profiling, there is absolutely a way to prevent it. A foolproof way. Zero tolerance from the top. During the time when LA had it's OJ riots and Rodney King beatings, the Phoenix PD had a police chief that took a very hard line against police misconduct to the point that cops were sometimes relieved of duty so fast that they had to be reinstated when evidence proved they had not violated the suspect's rights. Profiling was minimal.

As for your trust in law enforcement, I think you may have missed my point of the leaked memo. At issue is whether the current administration should unilaterally decide to grant wide-spread amnesty. This seems to be a complete end run around Congress. I think this sort of activity should concern anyone, regardless of what side of the aisle you're on.

I do agree Bigfin, that this is an issue that should be left to states, but that's not the case. You now have a situation where the federal government asserts that it has sole authority, but refuses to enforce the laws as written. Poll after poll clearly shows that the majority of American citizens want the borders secure and immigration laws enforced. A majority also does support creating a pathway to legality after the borders are secure. There has recently been discussion about Congress passing a law to allow states more authority in enforcing immigration laws. Now, the current administration is talking about unilaterally granting amnesty. This, to me, seems to be usurping the powers of Congress and states' rights, as well as being contrary to the wishes of the American people.

I will admit that I do not know the full details about the alleged leak, and that I am going only by what I heard. (note: Fox News is NOT my source!!! LOL.)

I'm all for Congress changing the immigration laws to allow more "low wage" migrant workers to pick crops. However, that should be coupled with a crack down on illegals who take high paying construction jobs (albeit at much lower wages than those paid to Americans and legal immigrants) and the employers that hire them.
 
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bigfincat is offline bigfincat Post #139  August 1,2010, 8:56pm
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I knew what you meant about granting amnesty & I don't have a problem with it regardless of the methods in which it is granted.

& zal... I don't believe you that profiling can be prevented. Very overt profiling can be but saying that profiling can be prevented is like saying that racism can be prevented. It is a human thing.

I am quite certain that some officers that are very in favor of border enforcement will in fact change the manner in which they enforce law if they suspect that an individual is illegal. It really isn't that hard to find a "valid" reason to pull someone over.

(Entirely different & off-topic slightly...but...There was also an issue in the fact that the video had stated that officers could actually target areas where day laborers would congregate. That would be a circumstance in which no law was broken. Congregating in the manner in which they do is not illegal... nor is getting into someone's vehicle.)

Do you really think that black individuals in this country are all lying about their experience with law enforcement from time to time?

You may say that profiling is a necessary evil in such a situation & I would probably agree.
 
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zal is offline zal Post #140  August 2,2010, 3:27pm
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bigfincat wrote :
[snipped]

& zal... I don't believe you that profiling can be prevented. Very overt profiling can be but saying that profiling can be prevented is like saying that racism can be prevented. It is a human thing.

I am quite certain that some officers that are very in favor of border enforcement will in fact change the manner in which they enforce law if they suspect that an individual is illegal. It really isn't that hard to find a "valid" reason to pull someone over.

(Entirely different & off-topic slightly...but...There was also an issue in the fact that the video had stated that officers could actually target areas where day laborers would congregate. That would be a circumstance in which no law was broken. Congregating in the manner in which they do is not illegal... nor is getting into someone's vehicle.)

Do you really think that black individuals in this country are all lying about their experience with law enforcement from time to time?

[snipped]
I didn't say profiling doesn't happen. I do find it interesting that the cities who have so indignantly boycotted AZ have police forces with the worst histories of racial profiling. (LA, Chicago, Philadelphia, Oakland? Shall I continue.)

Unlike racism, profiling is an action. While it cannot be entirely prevented, a zero tolerance policy does, in fact, minimize it. As for the day laborers. Part of 1070 barred congregating for labor. In fact, one of the parts that the Judge did not overturn was the part that allows police to arrest people who stop to pick up day laborers. (I'm rushed for time, so this last statement may not be entirely accurate. I'll edit later.)
 
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