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Judge blocks most controversial parts of AZ SB1070 law

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  • Judge blocks most controversial parts of AZ SB1070 law

    Hot off the presses:

    The latest news and headlines from Yahoo News. Get breaking news stories and in-depth coverage with videos and photos.


    PHOENIX – A federal judge on Wednesday blocked the most controversial parts of Arizona's immigration law from taking effect, delivering a last-minute victory to opponents of the crackdown.

    The overall law will still take effect Thursday, but without the provisions that angered opponents — including sections that required officers to check a person's immigration status while enforcing other laws.

    The judge also put on hold parts of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places.


    U.S. District Judge Susan Bolton ruled that those sections should be put on hold until the courts resolve the issues. Other provisions of the law, many of them procedural and slight revisions to existing Arizona immigraiton statute, will go into effect at 12:01 a.m.
    We'll see how long the injunction lasts as the case winds its way through the courts, but at least it's good news for now.

    Edit: specific parts blocked from taking effect:

    Applying the proper legal standards based upon well-established precedent, the Court finds that the United States is likely to succeed on the merits in showing that the following Sections of S.B. 1070 are preempted by federal law:

    Portion of Section 2 of S.B. 1070
    A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to
    determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

    Section 3 of S.B. 1070
    A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers

    Portion of Section 5 of S.B. 1070
    A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work

    Section 6 of S.B. 1070
    A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States
    Last edited by Boris Godunov; July 28, 2010, 13:35.
    Tutto nel mondo è burla

  • #2
    Did she allow the subsection that meant immigrants had to display sombrero badges on their coats at all times or not?

    Comment


    • #3
      Originally posted by duke o' york View Post
      Did she allow the subsection that meant immigrants had to display sombrero badges on their coats at all times or not?
      No, but she did uphold the prohibition on roaming mariachi bands accosting you at the table of your favorite Mexican restaurant.
      Tutto nel mondo è burla

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      • #4
        including sections that required officers to check a person's immigration status while enforcing other laws.
        I don't have a problem with that. Speed, get ticketed, they should check your immigration status.
        Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
        "Remember the night we broke the windows in this old house? This is what I wished for..."
        2015 APOLYTON FANTASY FOOTBALL CHAMPION!

        Comment


        • #5
          You wouldn't have to have committed a crime to be stopped though. If the officer didn't like the look of you then they could force you to stop for nothing and then ask to see your papers.

          "Sorry, I thought your tail-light was out, but it appears to be working fine now. While I'm here, can I see your papers?"

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          • #6
            Originally posted by Ben Kenobi View Post
            I don't have a problem with that. Speed, get ticketed, they should check your immigration status.
            Big Government Ben riding to the rescue again.
            "The issue is there are still many people out there that use religion as a crutch for bigotry and hate. Like Ben."
            Ben Kenobi: "That means I'm doing something right. "

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            • #7
              Police can't search someone's vehicle when issuing someone a speeding ticket without permission or probable cause, so I don't see why they'd be permitted to delve into someone's immigration status, which is a Federal matter anyway. What would the probable cause be? They're brown? They speak with an accent?
              Tutto nel mondo è burla

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              • #8
                While I whole heartedly support the concept that if you get stopped for doing something illegal that your status could be checked, I've seen way too many cases of people being pulled over for DWB or DWM around here that I don't trust most law enforcement officers to administer the law without bias.
                It's almost as if all his overconfident, absolutist assertions were spoonfed to him by a trusted website or subreddit. Sheeple
                RIP Tony Bogey & Baron O

                Comment


                • #9
                  Originally posted by rah View Post
                  While I whole heartedly support the concept that if you get stopped for doing something illegal that your status could be checked
                  And then what? The states have no authority to detain someone if they find out they are an illegal. All they could do in such a situation is inform the Department of Justice about the person.

                  How would they go about checking the status, anway? If the person didn't have anything on him except a valid driver's license, what could they do? They can't force someone to provide a social security card or immigration papers, something else the judge blocked.
                  Tutto nel mondo è burla

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                  • #10
                    You wouldn't have to have committed a crime to be stopped though. If the officer didn't like the look of you then they could force you to stop for nothing and then ask to see your papers.
                    So? They have roadblocks all the time up here. If the police think you are driving too fast, they can pull you over. If they can ask me for my license and registration without prior cause, they can ask people for their immigration status too.
                    Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
                    "Remember the night we broke the windows in this old house? This is what I wished for..."
                    2015 APOLYTON FANTASY FOOTBALL CHAMPION!

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                    • #11
                      Police can't search someone's vehicle when issuing someone a speeding ticket without permission or probable cause, so I don't see why they'd be permitted to delve into someone's immigration status
                      Horsehockey. If they can pull you over and ask for your license and registration, they can ask for your papers too.
                      Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
                      "Remember the night we broke the windows in this old house? This is what I wished for..."
                      2015 APOLYTON FANTASY FOOTBALL CHAMPION!

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                      • #12
                        They ask for license, registration, and proof of insurance nowadays.
                        I came upon a barroom full of bad Salon pictures in which men with hats on the backs of their heads were wolfing food from a counter. It was the institution of the "free lunch" I had struck. You paid for a drink and got as much as you wanted to eat. For something less than a rupee a day a man can feed himself sumptuously in San Francisco, even though he be a bankrupt. Remember this if ever you are stranded in these parts. ~ Rudyard Kipling, 1891

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                        • #13
                          But they're not supposed to stop you without prior cause. That was my point. If they can come up with an excuse to hide their prejudice then good luck to them, until five friends discover that they were well within the limit but stopped for speeding and the inevitable court case for racial harassment means that the police have to stop such idiotic behaviour.

                          Comment


                          • #14
                            And then what? The states have no authority to detain someone if they find out they are an illegal.
                            Untrue.

                            All they could do in such a situation is inform the Department of Justice about the person.
                            They can and do have the authority to turn these folks over to immigration and customs enforcement.

                            How would they go about checking the status, anway?
                            They would ask for your license and registration. Your license would have a date and place of birth. If that is outside the US, they would ask you for your visa paperwork.

                            It's not hard. When I travelled to Texas, they checked me twice when riding the bus. What they did was stop the bus and ask to see everyone's papers. They checked us at the El Paso stop immediately after boarding, and then at Ft. Hancock, several hours down the road, pulling the bus over and asking to check everyone's papers.

                            If the person didn't have anything on him except a valid driver's license, what could they do?
                            They could detain him, until they were satisfied. There was one guy on my bus who got pulled off.

                            They can't force someone to provide a social security card or immigration papers, something else the judge blocked.
                            Yes, they can do this. They've been doing it for years. If they can do it for buses and bus passengers, they can do it for drivers too.
                            Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
                            "Remember the night we broke the windows in this old house? This is what I wished for..."
                            2015 APOLYTON FANTASY FOOTBALL CHAMPION!

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                            • #15
                              until five friends discover that they were well within the limit but stopped for speeding and the inevitable court case for racial harassment means that the police have to stop such idiotic behaviour.
                              Oh sure, like people never lie about how fast they were travelling. There's nothing racist about it. Obey the law, follow the rules of the road, and you are not going to get pulled over.
                              Scouse Git (2) La Fayette Adam Smith Solomwi and Loinburger will not be forgotten.
                              "Remember the night we broke the windows in this old house? This is what I wished for..."
                              2015 APOLYTON FANTASY FOOTBALL CHAMPION!

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