T Nation

AZ Law Holds Up to Legal Challenges


#1

Looks like that controversial Arizona Immigration Law SB 1070 has had 6 out of 8 lawsuits dismissed. Way to go Governor Brewer...

http://azstarnet.com/news/state-and-regional/article_e39ecdaf-bde2-5c45-9236-bbb6c08cb1bc.html


#2

Now, if the DOJ loses, it will be the icing on the cake.


#3

What i find funny, is the law simply asks the current law as written be enforced at a state level the federal government to enforce it's laws once violation is determined.

I want to sue the state police here because they pulled me over for speeding, they profiled me by my driving habits.


#4

Well now this is a bit of good news...wonder where the instant MSM coverage on this little nugget has been hiding.


#5

This will definitely end up in the Supreme Court at some point. It's actually a pretty basic states' rights vs federal supremacy case.

The federal govt holds exclusive power to determine the course of any immigration laws, since immigration directly impacts the fed's relationships with foreign countries and trade.

But the state's can argue that immigration also can impact their own trade relations, especially for a border state like Arizona. The federal govt doesn't have the ability to regulate state commerce against the state's wishes if the state's actions are found to be constitutional.

I think when push comes to shove, the feds will win this case in the end. And they should win it. The federal govt should always trump state law, it's just a shame that the federal govt is at odds with the state on this particular issue because I think Arizona has the right idea. But all it will take is a new AG who won't force the feds to uphold federal law in this matter for the issue to die down a little.


#6

With the DREAM Act lingering in the Lame Duck, you think they would actually bring it up?


#7

I would disagree, since the 1996 Immigration Act that Clinton passed partnered up the states and Feds with a program called 287g. The program gives local cops the authority to verify immigration status upon arrest of an individual.

Terry vs Ohio also gave cops the right to perform searches without probable cause, if the cop has reasonable suspicion.

The guy behind all this, Kris Kobach, is a legal beast, I hope AG Holder ate his wheaties or took some Superfood.


#8

the federal law and AZ law are not at odds. AZ law is basically a re-codification of the fed law with the exception of more stringent anti-profiling criteria.

Actually it will be really dangerous for the feds if they do win the lawsuit. It will mean that any re-codification of laws in regards to commerce are null and void. That could mean no more local prosecution of drug offenders since the constitutionality of all drug laws are based on the commerce clause. Such an event would essentially over whelm the federal system.


#9

I wish I could have seen the look on the faces of the La Raza groups, like LULAC, who had their case fucking DISMISSED. Not even heard, but downright face-palmed in court. Priceless shit.


#10

DB...I am curious why is it bad for a state to request that the Federal government uphold its own law.

Not a loaded question, just curious as to why they are fighting enforcing their own law?

And by the way, I was pulled over last night....they asked for a drivers licence...was I being profiled?


#11

It's awesome when people from other countries tell America how our country should be ran. Even better when people from other states tell AZ how they should be ran. The federal government is dropping the ball along with every ball in their vicinity in regards to immigration and AZ is supposed to do nothing??

A few months ago a mexican was killed by two cops, one white and one black I believe. The cops were being charged with racial profiling. That is the story fed to the population by the media. The details they forgot, the guy was in his mother's trailer and after being asked to leave, so she called the cops. Those details are a little hazy, yet I know the guy was hit with a tazzer twice, by both cops!! So FOUR shots did NOTHING to stop the guy, so one cop shoots him. Then it's racial profiling. Are you serious?? Really?!


#12

Now, now, now...we can't have you going on about how racist cops killed an innocent immigrant. How about this story, about a drunked knife wielding illegal alien threatening cops and shot. He was told in English and Español to drop the knife, what did he do? He charged them with the knife. The Latino population rioted, claiming it was racial profiling, forgetting all about the knife wielding drunkard, who was loaded up by 9am...


#13

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#14

Doesn't matter Chushin, no one gets deported from California anyway. That illegal alien housekeeper who fucked up Meg Whitman's chance for governor will most likely get a green card.


#15

Hardly

I am pretty sure measures to prevent that were laid out in the constitution. ya know, that whole, if its not a power givin to the fed then its a states right....

just sayin.....


#16

The constitution, what's that, oh yeah it's what they use for toilet paper in washington.