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Immigration
See other Immigration Articles

Title: Quick Analysis of the Arizona Immigration Law Ruling and What Is "Enjoined"
Source: FoxNews
URL Source: http://www.foxnews.com/politics/201 ... rizona-immigration-law-ruling/
Published: Jul 29, 2010
Author: By James Farrell
Post Date: 2010-07-29 11:24:42 by HAPPY2BME-4UM
Ping List: *Illegal Immigration*     Subscribe to *Illegal Immigration*
Keywords: SB1070
Views: 163
Comments: 5

Quick Analysis of the Arizona Immigration Law Ruling

Arizona immigration law decision:

I. What is enjoined

1. Requiring verification of immigration status: 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.

Reasoning: Pre-empted by federal law because it creates an additional burden on the federal government by increasing the number of immigration-verification requests to the federal government.

2. Failure to carry immigration papers: Creating a crime for the failure to apply for or carry alien registration papers.

Reasoning: Pre-empted as an impermissible attempt to create its own state immigration scheme by altering the penalties established by Congress under the federal registration scheme.

3. Illegal for an illegal to solicit work: Creating a crime for an unauthorized alien to solicit, apply for or perform work.

Reasoning: Pre-empted because there is a comprehensive federal scheme regulating employment of illegal immigrants.

4. Warrantless arrest for potentially removable alien: 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.

Reasoning: Pre-empted because determining whether a specific offense makes an alien removable is a tough decision and there is "a substantial likelihood that officers will wrongfully arrest legal resident aliens," thus impermissibly burdening legal aliens (and only the federal government can impose such burdens)

II. What is not enjoined?

1. No sanctuary cities: Prohibiting Arizona officials, agencies and political subdivisions from limiting enforcement of federal immigration laws.

2. Requiring cooperation with federal authorities: Requiring that state officials work with federal officials with regard to unlawfully present aliens.

3. Permitting civil suits for sanctuary cities: Allowing legal residents to sue any state official, agency or political subdivision for adopting a policy of restricting enforcement of federal immigration laws to less than the full extent permitted by federal law.

4. Human smuggling crimes: Amending the crime of human smuggling.

5. Crime to pick up day laborers: Creating a crime for stopping a motor vehicle to pick up day laborers and for day laborers to get in a motor vehicle if it impedes the normal movement of traffic.

6. Knowing/intentional employment of illegal immigrants: Amending the crime of knowing employment of unauthorized aliens. Amending the crime of intentional employment of unauthorized aliens.

7. Employee verification: Amending the requirements for checking employment eligibility.

8. Funding for gang / immigrant enforcement: Creating the gang and immigration intelligence team enforcement mission fund.

[source: United States v. State of Arizona et al., Case 2:10-cv-01413-SRB, July 28, 2010 decision] Subscribe to *Illegal Immigration*

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#1. To: All (#0)

The ruling by District Judge Susan Bolton to explain which parts of the law was struck down, or enjoined, and which parts are still going to take effect on Thursday.

The term "Enjoined" means to legally prohibited or restrained by injunction. For the layman use the word 'stopped' for a basic description as a replacement word.

U.S. Constitution - Article IV, Section 4: NO BORDERS + NO LAWS = NO COUNTRY

HAPPY2BME-4UM  posted on  2010-07-29   11:31:19 ET  Reply   Trace   Private Reply  


#2. To: HAPPY2BME-4UM (#1)

3. Illegal for an illegal to solicit work: Creating a crime for an unauthorized alien to solicit, apply for or perform work.

The cops are going to hammer them with this, thus turning off the work. They'll continue to self exile as the Axis of Political Evil: Obama, Pelosi and Reid, continue to enjoy historic LOW poll numbers.

OBAMA'S CHERNOBYL

Spew, Baby, Spew

Jethro Tull  posted on  2010-07-29   11:36:56 ET  Reply   Trace   Private Reply  


#3. To: HAPPY2BME-4UM (#0)

Pre-empted by federal law because it creates an additional burden on the federal government by increasing the number of immigration-verification requests to the federal government.

Pre-empted as an impermissible attempt to create its own state immigration scheme by altering the penalties established by Congress under the federal registration scheme.

The burden is on the federal government to increase verification and it is the responsibility of the federal government to meet increased demands by states for verification requests.

Create its own state immigration "scheme"? I think not, AZ carefully worded SB1070 to allow AZ to do what the fed. gov. refuses to do.

"The conscious and intelligent manipulation of the organized habits and opinions of the masses is an important element in democratic society. Those who manipulate this unseen mechanism of society constitute an invisible government which is the true ruling power of our country. ... We are governed, our minds are molded, our tastes formed, our ideas suggested, largely by men we have never heard of." Edward Bernays, Father of Public Relations

abraxas  posted on  2010-07-29   11:47:28 ET  Reply   Trace   Private Reply  


#4. To: HAPPY2BME-4UM (#0)

2. Requiring cooperation with federal authorities: Requiring that state officials work with federal officials with regard to unlawfully present aliens.

Oops.

"Aba daba daba daba daba daba daba" said the chimp-y to the monk.

Prefrontal Vortex  posted on  2010-07-29   11:56:35 ET  Reply   Trace   Private Reply  


#5. To: Jethro Tull (#2)

=======================================================

That clause falls under Section I, what is enjoined, e.g., STOPPED from being ENFORCED or ENACTED INTO LAW by SB1070

U.S. Constitution - Article IV, Section 4: NO BORDERS + NO LAWS = NO COUNTRY

HAPPY2BME-4UM  posted on  2010-07-29   15:56:45 ET  Reply   Trace   Private Reply  


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