Yes, illegal immigrants are the target of the legislation, but it's all Hispanics in Arizona (the ones who are now going to have to carry around proof of citizenship 24/7) that are going to be affected. The main problem is that the way the law is written, it's basically allowing, if not calling directly for, racial profiling, which SCOTUS has said is unconstitutional. (Chemerinsky, who wrote what might currently be the most widely used ConLaw textbook around, said the law's pretty much DOA.) Furthermore, I highly doubt it would pass strict scrutiny. While I agree 100% that something needs to be done about immigration, this Bill is the absolute wrong way to do it. IMHO, it's not that far off of requiring freed slaves to carry documentation verifying their freedom. About the only good thing I can see coming out of it is that it may push to debate to the forefront sooner rather than later.
But not too soon. Obama pretty much said any immigration debate in Congress is off the table in this election year.
Education, not hysteria, is really important here. Here is an editorial about the new law de-bunking the myths that are being said about it by one of its co-authors. Kris W. Kobach is professor of law at the University of Missouri at Kansas City. He was Attorney General John Ashcroft's chief adviser on immigration law and border security and was one of the principal drafters of Arizona S.B. 1070.
You are correct ... education is important here. That is why the majority of attorneys/legal scholars that have commented on this matter (save Mr. Kobach, who drafted it) agree that it is unconstitutional.
Immigration Legally.Like My Ancestors I remember as a little boy going with my mother once a year to the Post Office so that she could register as a resident alien(she was born and raised in Scotland) and get her yearly Green Card. I remember my sisters and me and my Mother all doing home work together. My Mother studying for her citizenship test. Then that big day when we went with Mother to Federal Court to be tested and receive her US Citizenship.Boy was I proud of my Mother.She studied hard for a year.Worked hard while paying her taxes and as a widow supported her 3 children with no welfare or medicaid.But of course in those days it was different.I made money from my paper route and my sisters baby sat and we still 'made the grade' in school.We all worked hard and she taught us to stand on our own 2 feet and that the government owed us nothing.We were all so proud as we listened to President John Kennedy tell us:"Ask not what your country can do for you. Rather,ask what you can do for your country."As a young man,there was no money for me for college. That was okay though as I wanted to carry a weapon in defense of The Constitution(my country)and thereby pay something back to George Washington,Benjamin Franklin, and all the others.Sneaking into this country doesn't build character.It teaches disregard for the law.Welfare doesn't teach values.It teaches that one doesn't have to work as some one else will work and provide support for you.That's exactly why we now have cases where 4 or more generations of families have never worked.After the Army, I went to UT on the GI Bill and worked 2 jobs and supported my wife and children and graduated.Throw The Blighters Out.My ancestors did it the legal way and so can everyone else. Jason
It says right on my Green card that I must carry it at all times. Not a big deal, as it is the size of a credit card. Not sure what I'll get to carry around when I get my Citizenship, as native born Americans only have a birth certificate, and Social Security card, and it says right on the SS card not to carry it around, and a birth certificate has your birth country on it, so that is useless. Mark
There are so many things wrong with "bee1000" argument, I dont know where to start. First, this is a constitutionally safe law, since it mimics the Federal law, and then has some additional safeguards to protect citizens. There are strict requirements, and the law specifically calls out against profiling (though I am not sure what is wrong with profiling. Cops do it all the time as the try to determine who is or is not accountable for a crime or possible crime!) The federal law already in force demands ("shall") that any LEGAL alien carry their green card, work papers or visa on them at all times. Just as Americans have to do the same when they are in foreign countries. Once someone is detained, the state authorities HAVE to rely on the Feds for information as to whether that person is in the country legally. And the Feds are required to provide that info based on the law that was passed several years ago. Support Arizona, and support all persons who are trying to protect our borders!
Good point. Maybe I watch too much Law and Order, but don't the cops always look first at family members / spouses in homicides? I think that is profiling.
Using your instincts/judgment/years of experience (as most police officers do) to "profile" or "determine who is or is not accountable for a crime or possible crime" is legal. Basing that determination solely upon race (i.e -"racial profiling") is what's illegal. What people are mostly worried about is that "lawful contact" was not/is not defined ... it's open to interpretation. As I've said before, we need better immigration laws. This one is poorly written and was hastily passed. (Strangely, Mr. Kobach failed to address the one of the major hurdles the bill must overcome, which is the the constitutionality of states passing immigration laws.) However, now that's it's pushed the issue to the forfront, let's see if the Feds can come back with some real, substantive measures.
But it is not an "immigration law". It is an enforcement law. From the link you posted: Seems clear enough.
Actually the law has been changed to define lawful contact as "lawful stop, detention, or arrest" Under the Clinton administration in 1996, States were given the power to enforce immigration laws. Section 287(g) of the Immigration and Nationality Act (INA) was made law in the United States in 1995 as a result of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). Section 287(g) authorizes the Federal Government to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions, pursuant to a Memorandum of Agreement (MOA), provided that the local law enforcement officers receive appropriate training and function under the supervision of sworn U.S. Immigration and Customs Enforcement officers. Under 287(g), ICE provides state and local law enforcement with the training and subsequent authorization to identify, process, and when appropriate, detain immigration offenders they encounter during their regular, daily law-enforcement activity.
So my Green card, which is really a Permanent Residency card, lets me get a Missouri drivers license. So lets suppose I'm stopped by the police while walking down the street. Do I show them my drivers license, and they think I'm a citizen, or do I show them my Permanent Residency card, which could open a whole can of worms, besides what they have decided is a legal reason to stop and chat with me in the first place? Mark
I carried a green card for 20 some odd years. On few occasions I used it as a from of ID. As you cannot get a driver's license with out proof of legal residence, the DL should be enough. Hence the big fight in CA a few years back over the attempt to issue illegals driver's licenses (by the same bunch that is protesting the AZ law now).
I'm a pretty liberal person, but I don't believe that any country should let anyone who is not in that country legally be allowed to either stay in that country, or benefit from the social services that country provides. I'm Canadian born of Scottish/European blood, and some Latino. So I can pass for a Missourian, a Manitoban, or a Mexican, plus I fit right in at Greek weddings. So if I go to Arizona, I'll be sure to dye what hair I still have red:lol::lol::lol:. Mark
Come legally.Get your citizenship or go back to your HOME.If worse comes to worse,join the US Military and get an expedited citizenship.:cornut:Jason Naturalized or Native(US born) Americans(should)have passports.:cornut:Jason US Passport:cornut:Jason One's Passport or a notarized copy there of is THE HIGHEST FORM of identification and shows citizenship and place of birth."But Jason the illegals don't have US passports." That's right so...THROW THE BLIGHTERS OUT! Jason