Re: Obama sues Az for enforcing immigration laws, but refuses to sue states that set up sanctuary cities???
posted at 7/8/2010 9:52 AM EDT
In Response to Re: Obama sues Az for enforcing immigration laws, but refuses to sue states that set up sanctuary cities???
Obama really isn't suing AZ for enforcing immigration laws. The headline is pretty misleading. The Department of Justice is challenging the constitutionality of pending AZ law on the grounds that it violates the Supremacy of the laws of the Federal Govt. If you think SB 1070 is totally legit and constitutional, then you really shouldn't be too worried about it being overturned, especially considering our conservative activist Supreme Court. With all these newfound Constitution nuts out there, I'd think they'd be happy to subject a new controversial State law to an examination as to whether it violates our Constitution. Or is it only ok to cite the Constitution when you think it favors your argument? One of the problems with the law is that Arizona is determining its own immigration policy. Individual states shouldn't be setting their own immigration policies, just like these states shouldn't be determining their own foreign policies. If the federal govt. is failing its duties in immigration enforcement, then the changes need to be made on that level and it's not the prerogative of the states to assume those duties. As a sidenote many Arizona law enforcement officials are opposed to the law because of the burden it will place on them. That's a practical problem. And that's not even going into how the law makes no attempt to define what an illegal looks like and how police officers should judge what an illegal looks like. It's explicitly forbidden to use race or skin color in the law but those are the standard means to id an illegal. All you supporters of SB1070 are so convinced it's legal and constitutional, so you really shouldn't have a problem with it being tested in court. I'd bet the law doesn't last, and the only hesitation I'd have is there's no predicting what this activist right-wing Supreme Court will do. Citizens United, what a joke! Hopefully that will be overturned in the future by a more rational Court.
Posted by tiresias
You have not been following the threads here. We WANT this challenge! It will show it is perfectly legal for ANY state to make a law enhancing the federal law as this one does. There are many Federal laws on the books that have complimentary state laws. Murder being one of them. As long as this law doesn't say "the federal government CAN'T arrest and deport Arizona Illegal Immigrants" it is Constitutional.
There is no provision for "what an illegal looks like" because THAT would be un-Constitutional. This laws goes out of it's way to ensure the rights of US Citizens are protected. Here it is as plainly as I can make it...
1. It is illegal in AZ (and many other states) to posses a drivers license if you are not a citizen of the US and state of Arizona.
2. It is illegal in Arizona (and many other states) to drive a vehicle without a valid license on your person.
3. If you are stopped for any primary traffic violation (i.e. speeding, running a red light etc.) you will be asked to produce a valid drivers license. If you don't have one, the officer will ask for your name and date of birth. He will then look you up in the database and check your picture on your valid license with your appearance. If they match, he will issue you a citation for the primary violation AND give you a ticket for not having your license on you when stopped. If you produce said license to the officer or police department the second ticket is ripped up.
If you have no license and have been found to be in Arizona illegally, you are arrested and the feds are called.
That is BS that "many" Arizona police are opposed. To the contrary "most" are in agreement.