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Discussion Forums » General Discussion
Illegal Immigration Law in Arizona.
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12 May 2010, 18:31
Madeline Rain
Post Count: 151
That's the thing. I read the law and it doesn't explain how they're going to enforce it. So technically you could be brown skinned, walking down the street minding your own business and the cops could stop you and ask you to show ID because you might be illegal. That's what I find outrageous.

If the law stated that upon arrest, the police have the right to inquire as to a person's legal status, it wouldn't bother me as much. After all, in order to arrest someone there needs to be at least probable cause that the person is doing something illegal. The Arizona law mentions nothing about probable cause, and that's bothersome.
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12 May 2010, 23:52
Music God CJ Plain
Post Count: 550
Actually, that is EXACTLY what the law says. The person has to be stopped or questioned for ANOTHER offense before the police can question about status, i.e. speeding, traffic accident, domestic violence, etc.

The police can NOT just randomly pick people off the street and start questioning them for no reason. It wouldn't even be in their best interest. If they did that, they would spend all day on that and never have time for anything else.

If people would actually just READ THE DAMN BILL...
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13 May 2010, 04:28
Beautiful Lies
Post Count: 402
So, where does it say they have to be stopped for another offense in this little tidbit here:

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

Am I reading this wrong or does it just say that law enforcement needs "reasonable suspicion" they're undocumented?
There's a lot of other crap in there so if I'm missing the part where it says they have to be questioned for another offense, please, point me in the right direction...
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13 May 2010, 13:04
Music God CJ Plain
Post Count: 550
Not a problem. In the added revision, HB 2162:

11-1051. Cooperation and assistance in enforcement of immigration laws; indemnification

A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.

B. For any lawful contact stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien who and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:

1. A valid Arizona driver license.

2. A valid Arizona nonoperating identification license.

3. A valid tribal enrollment card or other form of tribal identification.

4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.

C. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.

D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who the agency has received verification is unlawfully present in the united states and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. A law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.
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13 May 2010, 13:34
Madeline Rain
Post Count: 151
Let me put my lawyer hat on for a moment....

"Any lawful contact stop, detention or arrest" does not equal arrest, which carries the standard of probable cause. The standard used in the enforcement of this law is one of reasonable suspicion. Now, let me ask you this: In a state where Minutemen are allowed to run rampant, shoot and then ask questions, do you really think this law will not lend itself to abuse by law enforcement?
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13 May 2010, 16:47
Music God CJ Plain
Post Count: 550
If you read the WHOLE bill, which I obviously didn't post due to length...it clearly spells out that this law can ONLY be enforced by those officers which are deputized under state AND Federal laws and can be enforced only as far as FEDERAL law allows. The Minutemen have absolutely NO authority to enforce this law. The most they can do is report activity to regular police.

And the governor has made it VERY clear in numerous interviews and state addresses that this law can ONLY be applied in the course of regular contact. The person has to be stopped for a PRIMARY offense BEFORE they can be questioned about status. It also spells out that the immigration of ALL people arrested will have their status checked BEFORE release, regardless of age, color, or ethnicity.

Personally, I say give it a chance before we start raising hell. Let's see what's happening in 6 months and then we can make judgement calls.
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13 May 2010, 16:55
Madeline Rain
Post Count: 151
I have read the entire law, and I realize that Minutemen do not have the authority to question people. My point is, I don't trust the government enough to think that this law will be enforced the way you're describing. A state that allows civilians to perform law enforcement duties, doesn't get my vote of confidence regarding the application of this law.

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14 May 2010, 04:48
Ashalicious
Post Count: 90
But people don't want to read the bill or actually know the facts, they want to scream out about the horrible injustices without knowing the facts.
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13 May 2010, 16:13
Miss
Post Count: 239
i've grown up with kids who are illegal. they can't help their circumstances. if you were living in a country like mexico, with a country like the US right next to it, you would want to move too. i don't blame any of them for wanting to be here, though i realize it is bad that they came here illegally. they need to make it easier for people to get papers, if it wasn't so freaking difficult then they wouldn't need to cross over illegally.
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14 May 2010, 01:32
♥ Steph
Post Count: 52
After reading I agree and disagree with a lot of people. I fully admit I haven't read the law, though I do know what it's about just not every detail. I think they SHOULD make it easier for people to get papers so they CAN have a better life BUT at the same time, coming over here without papers IS breaking the law. Regardless of why they came over. It's understandable and great to want a better life and support a family etc, etc but do it the right way.

The problem is that a majority of Arizonas illegal immigrants are Mexican and it isn't right but profiling is going to happen. Though I DO disagree with that happening there's really no way for it to not happen on occasion. I'm not saying it's ok for it to happen at ALL but there is a problem that needs to be fixed and maybe this law is just a step. Like I said, I don't know a TON about the law so please don't attack me if anyone feels compelled to lol.
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14 May 2010, 04:13
T.A.I
Post Count: 269
I do agree 110%. I can understand people wanting a better life and being desperate to get out of where they are to somewhere new, but at the same time having disrespect for a country's laws and expecting to fly under the radar and get a few "get out of jail free" exemptions by playing the racism card is a bit much.

Not to mention it's kind of a federal law anyway that you're supposed to have your papers and green card and shit all on you if you're from a foreign country anyway, so this law kinda just re-iterates that.
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14 May 2010, 04:49
Ashalicious
Post Count: 90
Exactly, that's the point, we all feel for them wanting to leave a bad country and live a better life, but the point is we have laws here and they have to be followed or you should not be here and do not have the right to be here.
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14 May 2010, 04:52
Ashalicious
Post Count: 90
The facts is what people are missing. We all feel bad for people in other countries who are suffering and enduring hardships. We all respect them for leaving the only life they know to come to a new place in hopes of a better life for themselves and their families. But the point is that this country has laws about immigration. If you come here and do not abide by those laws you not only are showing absolutely no respect to this country and the laws here, but you are committing a criminal act. You do not have rights, you are breaking the law. No matter how bad we feel for them, that does not change the law. And the law needs to be respected and followed. If we have such a problem with how long it takes or how hard it is to get a green card or work visa, then we need to take our energy and put it to changing those things instead of making excuses for people breaking our laws. The law has to be followed.
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