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Judge: Immigration Status Can be Researched by Police in Arizona
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A federal judge ruled that the state of Arizona can require its police officers to check the immigration status of people that they stop or detain. The judge’s ruling denies a request filed by the American Civil Liberties Union to block enforcement of the provision. The judge, U.S. District Judge Susan R. Bolton, rejected the request that would have put the ‘show me your papers’ provision on hold until ruled by courts if it is Constitutional. The other groups that filed the request were the Mexican American Legal Defense and Educational Fund and the National Immigration Law Center.

Bolton said that she will not ignore the ‘clear direction’ taken by the U.S. Supreme Court that it “cannot be challenged further on its face before the law takes effect.” The law from Arizona was sued by the Obama administration. The lawsuit claims that the law goes over the federal right to create immigration policy.


“As the Supreme Court stated, plaintiffs and the U.S. may be able to challenge the provision on other preemption and constitutional grounds ‘as interpreted and applied after it goes into effect,’” Bolton wrote in her ruling.

The law requires police officers and other law enforcement personnel to check the immigration status of a person they stop if the officer has a ‘reasonable suspicion’ that the person is in the country illegally.

“Today’s ruling will lead to rampant racial profiling of Latinos and others who might be suspected of being in Arizona without authorization,” Linton Joaquin, general counsel of the National Immigration Law Center, said. “We are committed to continuing the fight against this law in our case until it is permanently stuck down.”

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The law in Arizona was passed in 2010, making it the first in the country. Since then, the states of Georgia, South Carolina, Utah, Alabama and Indiana all have passed laws that focus on illegal immigration. All of those laws are also facing battles in court. A provision of the law that makes it illegal to harbor or transport illegal immigrants was blocked by Bolton in the ruling.

“The district court was correct in blocking Arizona’s harboring statute, which criminalized many everyday interactions with unauthorized immigrants,” Cecillia Wang, director of the ACLU Immigrants’ Rights Project, said.

Arizona claims that it is within its rights to enforce the law because the federal government has not done enough. The state also claims that half of the country’s illegal immigrants come into the country through the state’s 370-mile border with Mexico.

1 Comment

  1. Dave Francis

    September 6, 2012 at 10:03 pm

    Honest people who stand for the voting rights of every American citizen are charged to be vigilant of illegal activity in each election precinct. Completely covered up by the majority of editorial staff in the national press, ‘Voter Fraud’ is happening and this can spotlighted by reading reports, articles on the Internet. Without being pretentious “Voter Fraud’ has been highlighted in such states as Florida, Colorado, Arkansas and now North Dakota, with many other states under scrutiny. Non citizens voting can be a major contention around the country and can be a serious issue in close races. Canvassing to register citizen voters has caused a major uproar, when organizations such as ACORN have signed up hundreds of thousands of individuals not qualified to vote. The Democrats are especially prevalent in ignoring election laws and have as usual evoked the race card, the poor and even saying this was Suppression of people voting. However the truth be known that these special classification of people, can qualify for a free picture ID card, which is not mentioned by the Socialist indoctrination. Must remember we are feeding, housing and giving free healthcare to anybody who steals into the country, which UNFAIR AND WRONG to taxpayers. Plus under President Obama not just illegal aliens but the “freeloaders” will be collecting all the benefits, but paying nothing into the pool. To me this is sheer bribery for votes whether illegal or legal.

    The TEA PARTY people will be out in force to insure that the election laws we do have are fully enforced. Even so without safeguards the absentee ballot is easily compromised. In blue states the laws are so lax, that it’s inevitable there will be a paramount move to overlook non citizens voting. I am an Independent, who originally was in the Democratic fold. In November I am not voting for Obama, but not particularly happy with Romney either. I joined the Constitutional TEA PARTY, as they are for the self reliance, free fair commercial enterprise, reduction of government to the limits as written by our forefathers. Resume drilling for oil, natural gas and reopening the coal mines, with emphasis on not only clean coal production, but further research into new energy sources.

    It’s like a rolling nausea as Millions of more illegal immigrants are going to be encouraged to slip past the border or step off an international jet, if President Obama returns to the White house in November. YOU–THE VOTERS HAVE TO DECIDE IF WE CAN AFFORD PAMPERING NOT ONLY THE 20 MILLION PLUS ILLEGAL ALIENS, ALREADY HERE OR THOSE WHO WILL ARRIVE WHEN SIGNALED THE FREE WELFARE UNDER OBAMA. It’s not so much the illegal alien invaders that is the problem, it’s the fact we have to pay for them through state forced unfunded mandates of the court. The biggest issue is the majority Democratic states with poorly supervised election stations, will turn a blind eye to non citizens voting. I am not going to tell you about the terrible consequences of the democrats passing another mass amnesty, even after we were promised that no blanket amnesty would ever be enacted again. But neither do I trust the Republicans to carry out the full pledge of the issues involved. Only the rapid absorption of the TEA PARTY LEADERSHIP into GOP does the chance of America resurfacing under the weight of this depressed economy and jobs.

    It’s certainly obvious to any prudent person, that the only reason organization such as the Communist founded ACLU, doesn’t want the right of law enforcement officers to check on a person’s immigration status, and is that Arizona being a frontier state is flooded with illegal alien migrants. What is strange that wherever you drive or wander that if you are in violation of the law, the police are going to ask for identification proof anyway? I think that with this law in effect, hundreds of thousands of illegal entrants are going to be packing up their belongings and heading for Liberal-Socialist states as California, Nevada where the laws are certainly unenforced and police by city mandates cannot question suspicious persons.

    Legislators of both parties need to get off duffs; start issuing permit to drill for domestic oil, natural gas and reopen the coal mines that Obama’s czars have closed. President Obama is deep in the pockets of radical environmentalist, who are cutting us of regular fuels. You have seen the $4.00 rise of gas at the pumps, when 4 years ago it was just a $1.49. Shrink the mammoth burdensome U.S. government; closing many and merging agencies. Start from scratch a fair and equitable tax code; no more immunity for corporations and friends of politicians. Stop Obama from giving more power to the United Nations and international courts. Realize that America is heading towards insolvency, if we don’t get welfare programs under control, especially the (113 Billion annually and climbing) one hundred thirteen billion dollars going to subsidize illegal foreigners. Stop the spending and redistribution of welfare to illegal aliens, such as food stamps.

    The TEA PARTY will let free trade succeed, but will sanction countries as China who are manipulating their coinage and cheating us. Resist Obama’s plan of Obamacare and free programs that allow the freeloaders to live as parasites of their host, the taxpayer. We cannot trust the Democrats who remain deliberately unconcerned with non-citizens voting. Both parties refuse to enact mandatory E-Verify (H.R. 2885), to expel illegal aliens from businesses, and a Birthright Citizenship law (H.R. 140), that allows a projected 400.000 babies a year who gain citizenship, without a parent holding U.S. citizenship status. ONLY BY REPLACING THE SENATE AND HOUSE INCUMBENTS WITH HONEST, SINCERE AND ABOVE ALL ELSE TEA PARTY LEADERSHIP WITH BACKBONE, SUCH AS TED CRUZ OF TEXAS, RICHARD MOURDOCK OF INDIANA.



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