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SCOTUS left AZ state policing of immigrants


Posted: Jun 26, 2012

in the ruling’s “wait-and-see” wording because these state laws have not yet been implemented the policies and lower court legal interpretations of that portion of the law have not been exhausted.  After the initial “victory” boast in her official statement, Governor Brewer later channeled her inner candor in an interview, bemoaning how the victory had become “disgraceful,” (presumably based on her perception that SCOTUS had told AZ to ‘drop dead’…her words, not mine) and played victim when whining about how it was purportedly “obvious that they’ve made AZ a target.”       

Undeterred by potential future challenges based on anti-discrimination laws, especially by legal immigrants and citizens born here who happen to “look suspicious” (likely to be every bit as impacted as illegals by this transient wink-and-a-nod to racial profiling), hard-core GOP zealots, such as Kansas Governor Kobach, think they see a “green light” ahead for immigration crackdown plans to float copycat laws.  Kobach prefers to overlook splits in his own party on these initiatives and resistance from the business community.  Even the Chamber of Commerce is promoting an initiative to allow illegal immigrants to fill jobs the state has recognized as having labor shortages. 

IMO there must be more than a few immigration attorneys strongly opposed these measures preparing to initiate proceedings to challenge this ruling.  The first motion of any such lawsuit, especially in AZ, should be to request a restraining order to suspend further legislation and/or implementation of these policies pending ultimate outcomes.  In the meantime, enforcement becomes key. 

In my city, over the past 10 years or so, there have been multiple efforts to saddle the police department with the responsibility of enforcing immigration law.  They don't want their limited resources, lately bullseye targets of GOP slash-and-burn funding cuts, to be stretched so thin that it ends up undermining their primary responsibility of enforcing criminal laws.  They expressed strong objections to how such requirements would affect their "boots-on-the-ground" relationships with those local community residents, which pivot around a solid foundation of trust.  Evidently city council agreed with them.  Each time, these proposals have been voted down by wide margins. 

http://ktar.com/22/1555545/Gov-They-are-telling-Arizona-to-drop-dead

http://www.cbsnews.com/8301-505245_162-57460485/kobach-says-kan-has-green-light-on-immigration/

;

Makes me sick! Let's bend over backwards - a little more...

[ In Reply To ..]
for people who broke the law being here in the first place! Let's give them jobs and food stamps and reduced college tuition - but don't you dare arrest them unless they've committed a felony!! Even then, ICE will probably turn them loose becasue they've been so discriminated against by such a racist country. And then let's set up hotlines so they can call in to Homeland Security when they feel threatened. Why are we assuming every police officer will be racially profiling - what? There are no honest police officers anymore? Since we don't want to discriminate against anyone and our police officers are all a bunch of racist biggots, let's just open all of our borders and get rid of all the immigration laws. Brilliant.

Realiy check. AZ has 360,000 illegals out of 2 million LEGAL - of native born Hispanics

[ In Reply To ..]
It would be next to impossible to enforce this directive WITHOUT racial profiling, despite Brewer's broadcast insistence that racial profiling will "not be tolerated." It's a lead-pipe cinch it will be those 2 million that will suffer the consequences of that practice.

From the article linked below, I tend to believe Police Chief Daniel Garcia when he says HE won't tolerate it in his county where 80% of the population is Latino. If violating scores of hard-fought-for anti-discrimination laws doesn't convince you this is bad law that flies in the face of our Constitution, perhaps these excerpts from the "Precarious Position" comments will:

"....Nevertheless, other police chiefs in Arizona are concerned that requiring officers to make a 'reasonable' attempt to determine a suspect's status could LEAD TO POTENTIALLY RUINOUS LITIGATION from both supporters and opponents of the law going forward."

"One side's going to interpret your actions one way, the other side's going to interpret the exact same actions a different way, and both sides can sue us for that ... we could be on the hook for damages, he added."

"....if the litigation arena got bad enough for any given city you could almost BANKRUPT the city in some kind of ridiculous legal battle."

But it's the last part of the article that is truly facinating:

"Hours after the ruling on Monday, the U.S. Department of Homeland Security RESCINDED the authority a joint state-federal task force had given law enforcement agencies to enforce federal immigration laws, raising further doubts about how effectively police in the state can enforce the law.

Experts say the move throws into doubt cooperation between Arizona police and U.S. Immigration and Customs Enforcement agents needed to implement the law.

'The impact (of the law) in Arizona in the short term is pretty insignificant, because it's pretty clear that ICE ISN'T GOING TO RESPOND TO THESE CALLS,' Grant Woods, a former Arizona Attorney general told a conference call with reporters on Tuesday."

This raises an interesting question. Just what could Gov Brewer do if ICE decides to grant her wish, and leave her all by her lonesome to enforce her laws to nowhere? This situation is sort of a reverse of the legal intricacies of enforcing federal criminal pot laws in states that have legalized medical marijuana. Instead of the state telling the feds to come and enforce their own darned laws, the feds are essentially telling AZ it's on it's own with immigration....the good ole "don't call us, we'll call you" brush-off.

http://www.reuters.com/article/2012/06/27/us-usa-immigration-arizona-idUSBRE85P1K220120627

Can you impeach the Supreme Court? - nm

[ In Reply To ..]

Yep. - It is a two phase process.

[ In Reply To ..]
The House brings impeachment proceedings based only on charges as set forth in Articles I and II of the Constitution. Evidence is heard and judgment is pronounced by a simple majority vote. Phase 2 is the punishment phase, where considerations are made to determine if removal from office is warranted, requiring a supermajority.

Can this be done in the current DC climate? Not on our life, but if it could, I nominate activist Injustice Clarence Thomas who, unlike Justice Sotomayor, refused to recuse himself from participation in the Citizen's United deliberations, thus making it impossible for a clean, objective decision to be rendered. Just look at the fiasco that has ensued.
I'd like to see senile Scalia go, as well. - sm
[ In Reply To ..]
Maybe he should go hunting with Cheney again.

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