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RE: The State Senate in Arizona passes new immigration law - 4/26/2010 6:56:47 PM   
Sanity


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Last I heard polls were showing approval ratings in the mid 70's in Arizona for the law, and the most bizarre thing thats been mentioned so far is that the Arizona law is virtually a carbon copy of our federal laws, yet its claimed to be racist and unconstitutional or even Nazi like. 

What do you call that, hyperbole?

What the bottom line for me is, once again we find the will of the people being ignored and even demonized by those in power.


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(in reply to popeye1250)
Profile   Post #: 261
RE: The State Senate in Arizona passes new immigration law - 4/26/2010 7:04:31 PM   
slvemike4u


Posts: 17896
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quote:

ORIGINAL: popeye1250

Wait a minute here, wasn't it just a week or two ago that Bill Clinton and Obama said that we need to curb the hatefull political rhetoric?
And now Obama is calling Az. "irresponsable?"


I'm listening to the Howie Carr Show (WRKO 680-am Boston)
They have a poll going , "Do you approve or dissaprove of the Az law?"
The results even in ultra liberal Massachusetts, "Approve 93% Dissaprove 7%"
Pops do you realise just homw many of your [osts referrence this guy and his radio show.Change the fucking dial guy,listen to some rock and roll or something...far less harmful to the mind.

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(in reply to popeye1250)
Profile   Post #: 262
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 5:08:33 AM   
cadenas


Posts: 517
Joined: 11/27/2004
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quote:

ORIGINAL: Mercnbeth
quote:

The problem is with the "on the face of it"... Laws are unconstitutional when they have the EFFECT of racial profiling, even if the wording doesn't say so.
As you say, and I agree; Mexican illegal workers are not the majority. The effect you speak about is human influence.

How would police go about deciding whom to stop when they go after illegal Canadians?

quote:

Only pragmatic application in every case, on every occasion, to validate a person's legal right to be in the county, can the human affect be reduced any/or illuminated. However, due to special interest influence it won't happen. Trying to eliminate the name and racial/ethic background on employment applications would eliminate the need for 'Affirmative Action' but any movement in that direction is never considered. In this instance, there are many portals for acquiring government issued permits and licenses which can, and should, be used similarly.

As far as I know, it is already illegal to ask about racial and ethnic background on employment applications (except in positions where there's a genuine business need. When you need a black woman in her 20s as a model, it is of course legal).

In the end, though, it's pretty futile unless you also outlaw interviews and require employers to hire employees sight unseen.

quote:

When there is a solution that would pragmatically address the people while in the line already required by law, which is not considered; it disclose agenda is a bigger consideration than solving the problem.

We are actually 100% in agreement. We really need to first address the legal immigration process before we ever have any hope of solving illegal immigration.

quote:


quote:

End result: at some point, almost everybody who had filed paperwork had to file a separate mandamus lawsuit - and scores of people became "illegal immigrants" even though they complied with every letter of the law.
That isn't germane to the immigration issue; government inefficiency is subject for another thread. Although it is not unique to the US. I'm currently experincing my 2nd year of a 4-5 year estimated process of legal immigration. It is he way it is.

Did you know that in the USA, the total process takes up to 23 years? And that's not because of any bureaucratic delays; that delay is actually written into the law itself. Even if we could get USCIS to approve every application the same day, applicants would still have be told "you won't be eligible until your visa number is current". My own process was very fast with 8 years.

quote:


quote:

Right now, illegal immigration is down dramatically.
You didn't provide any statistical evidence however to this point; illegal immigration is down for the same reason unemployment is up for the citizens of the US - there is no business incentive for growth and few places are hiring; including those who would hire illegal workers.

Exactly my point. When illegal immigration is down and unemployment is still up, what that shows is that at best these two aren't connected and even deporting every single illegal alien wouldn't significantly affect unemployment. I posit that unemployment would actually go up, but even if you are right, it still wouldn't go down.

quote:


quote:

ICE already said that because of Arpaio's high-profile racial profiling, they wouldn't accept illegal immigrants his deputies arrest.
It is both discouraging and disclosing that ICE, as an official government entity, choses to ignore enforcement of a law they are allegedly set up specifically to handle. Selective enforcement of any law, in my opinion, causes the problems on both sides of the law to escalate.

When being arrested for illegal immigration, or any crime, is a matter of 'bad luck' versus pragmatic consequence for a deliberate action taken; it creates a "what the hell - lets do it!" mindset. That mindset has created this problem which Arizona has decided address in the manner of this new Law. Only time will tell if it will work better than ICE's "what the hell" laissez-faire policy of enforcement.


Actually, they probably had no choice. There are at least three reasons:
- Manpower. ICE's agents are already extremely busy going after criminal aliens. They simply don't have the time to deal with a huge number of people who just want to make a living.
- Lack of detention space. Even if you used every single federal prison, you still wouldn't have anywhere near enough space.
- Not enough judges, court houses, etc. to handle all these cases.
- They'd rather Arizona takes the heat and pays the lawyers in the civil-rights lawsuits.


(in reply to Mercnbeth)
Profile   Post #: 263
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 6:32:03 AM   
Mercnbeth


Posts: 11766
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quote:

How would police go about deciding whom to stop when they go after illegal Canadians?


By stopping everyone at a checkpoint.

quote:

As far as I know, it is already illegal to ask about racial and ethnic background on employment applications (except in positions where there's a genuine business need. When you need a black woman in her 20s as a model, it is of course legal).
Illegal to put on an application; however it IS legal to give 'bonus points' and other consideration under AA for testing in civil service jobs. For "equality" it would not be "futile" to illuminate that discriminatory and bigoted practice which assumes a person's inability to compete on equal terms.

quote:

Did you know that in the USA, the total process takes up to 23 years?
I'd support any effort to streamline that process as long as no matter what it is, everyone here illegally gets behind those affected by the current process.

quote:

Manpower. ICE's agents are already extremely busy going after criminal aliens.
The question I hear being asked is; "How do you tell a person is an "illegal" alien." I'll use your excuse to ask the same question of ICE turning a blind eye to the process; "How do you tell an illegal alien is a criminal?"

Criminals are not conducting crime 24/7. Sometimes they just hang out, drive around, and do non-criminal activities. If during those activities they are stopped at a checkpoint verifying everyone's status - they may actually be doing their job and protecting people against criminal actions.

(in reply to cadenas)
Profile   Post #: 264
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 7:36:30 AM   
thompsonx


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quote:

ORIGINAL: Mercnbeth

quote:

How would police go about deciding whom to stop when they go after illegal Canadians?


By stopping everyone at a checkpoint.

So you would be in favor of increasing the boarder patrol by an order of magnitude of 100 and the attendant cost?

quote:

As far as I know, it is already illegal to ask about racial and ethnic background on employment applications (except in positions where there's a genuine business need. When you need a black woman in her 20s as a model, it is of course legal).
Illegal to put on an application; however it IS legal to give 'bonus points' and other consideration under AA for testing in civil service jobs. For "equality" it would not be "futile" to illuminate that discriminatory and bigoted practice which assumes a person's inability to compete on equal terms.


It does not assume any such thing. You know that. Yet you posit this mindless analysis.
It assumes that those who recieve the bonus points earned them via prior discrimination. You may not like that analysis but it is the bassis of AA not what you would like it to mean.
Do you also feel that the bonus points given to veterans in civil service exams indicates that they are unable to compete on equal terms?



quote:

Did you know that in the USA, the total process takes up to 23 years?
I'd support any effort to streamline that process as long as no matter what it is, everyone here illegally gets behind those affected by the current process.

I believe the current quota for Mexico is about 3000 to 5000 per year.
Would you be in favor of raising that to 5.000,000 per year with the attendent cost increases in the immigration service to deal with the increased case load if all of the current illegals were behind those already in line?


quote:

Manpower. ICE's agents are already extremely busy going after criminal aliens.
The question I hear being asked is; "How do you tell a person is an "illegal" alien." I'll use your excuse to ask the same question of ICE turning a blind eye to the process; "How do you tell an illegal alien is a criminal?"

I will settle for an answer to your first question?
How do you tell if a person is an illegal?





(in reply to Mercnbeth)
Profile   Post #: 265
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 7:57:36 AM   
rulemylife


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quote:

ORIGINAL: Sanity


Last I heard polls were showing approval ratings in the mid 70's in Arizona for the law, and the most bizarre thing thats been mentioned so far is that the Arizona law is virtually a carbon copy of our federal laws, yet its claimed to be racist and unconstitutional or even Nazi like. 

What do you call that, hyperbole?

What the bottom line for me is, once again we find the will of the people being ignored and even demonized by those in power.



It is not a carbon copy of any federal law.  If there was a federal law why would there be a need for a state law?  And why would all this controversy exist?

What the Arizona law does try to do is use wording based on several Supreme Court decisions to avoid being held as unconstitutional, but it clearly fails.

In the Hibbel decision the Court broadened police powers and supported the constitutionality of the stop-and-identify laws that a number of states have.  The Arizona law fails in two respects.

In Hiibel the Court partially reversed its earlier ruling in Brown v Texas, but held to the principle that police may not detain a person for refusing to identify himself unless there is a reasonable suspicion that the person is involved in criminal activity. 

The Arizona statute tries to stretch this by including reasonable suspicion of being in the country illegally, which is far too vague to be upheld constitutionally.  How would a police officer legitimately determine that?

The second reason it fails is the ID requirement.  You are not even required to give your name to the police unless they are detaining you under reasonable suspicion.  Even then you are not required to show any forms of ID, only to answer questions regarding your identity.

Hiibel Decision: Know Your Rights

There must be at least "reasonable suspicion" for the stop itself as established under Terry v. Ohio.   The majority opinion on Hiibel v. Nevada concurs that investigative stops that cannot demonstrate reasonable suspicion or that are based on the ambiguous or over-broad enforcement of existing law violate the Fourth Amendment principles affirmed under Brown v. Texas.  

FindLaw's Writ - Dorf: Can a State Make it a Crime to Refuse to ..

....the Court refused to go further, and establish a standard even lower than "reasonable suspicion." In Brown v. Texas, it held that absent reasonable suspicion of criminality, the police may not simply stop people on the street and ask for their names.


     

(in reply to Sanity)
Profile   Post #: 266
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 8:10:31 AM   
rulemylife


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Joined: 8/23/2004
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quote:

ORIGINAL: Mercnbeth



By stopping everyone at a checkpoint


quote:

The question I hear being asked is; "How do you tell a person is an "illegal" alien." I'll use your excuse to ask the same question of ICE turning a blind eye to the process; "How do you tell an illegal alien is a criminal?"

Criminals are not conducting crime 24/7. Sometimes they just hang out, drive around, and do non-criminal activities. If during those activities they are stopped at a checkpoint verifying everyone's status - they may actually be doing their job and protecting people against criminal actions.


So you are basically advocating a police state where we can be stopped at any time and required to provide our proof of citizenship.

(in reply to Mercnbeth)
Profile   Post #: 267
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 8:23:24 AM   
Mercnbeth


Posts: 11766
Status: offline
quote:

ORIGINAL: rulemylife
In Hiibel the Court partially reversed its earlier ruling in Brown v Texas, but held to the principle that police may not detain a person for refusing to identify himself unless there is a reasonable suspicion that the person is involved in criminal activity.
Guess what - being in the country without a visa or on an expired visa IS a criminal activity. You make a case FOR the Arizona law.

The Constitutional question is pointed to a State right of enforcement; which will be the basis for any challenge. One that should prevail in my opinion, but it will put the 'winning' side on the defensive regarding enforcement.

quote:

ORIGINAL: thompsonx
So you would be in favor of increasing the boarder patrol by an order of magnitude of 100 and the attendant cost?

No I would be for enforcement at the employer level; however my "favor" wasn't considered in the question or the response.

quote:

Yet you posit this mindless analysis.
Disclosing your insecurity is your inequity - I pity you, but I will not give you any 'special' consideration for disclosing it by needing to try and insult any position you don't comprehend and your consistent use this tactic.

quote:

It assumes that those who receive the bonus points earned them via prior discrimination. You may not like that analysis but it is the basis of AA not what you would like it to mean.
If "prior discrimination" can be confirmed there are courts more than willing to hear the case and assign judgmental settlements. "Prior discrimination" of a group should not automatically assign bonus points to the individual. BTW - Go back far enough and MOST groups were discrimination against - why not give everyone 200 points like they used to do for spelling your name right on the SAT?

quote:

Do you also feel that the bonus points given to veterans in civil service exams indicates that they are unable to compete on equal terms?
Being in favor of equality, the "meaning" isn't a consideration. My position is that ALL 'more equal' conditions should be eliminated.

quote:

I believe the current quota for Mexico is about 3000 to 5000 per year.
Would you be in favor of raising that to 5.000,000 per year with the attendent cost increases in the immigration service to deal with the increased case load if all of the current illegals were behind those already in line?
No. The sovereignty of a nation is contingent on enforcing it's laws and borders in consideration for the ability to assimilate the immigrants.

You assume all illegals want to be US citizens; how do you substantiate that position?

quote:

I will settle for an answer to your first question?
How do you tell if a person is an illegal?
Seems like an easy question that even you should be able to answer. Verify everyone equally without consideration to appearance. I believe that is the intent of the Arizona law. Only agenda based perspective requires a belief in prejudice and profiling intent.

(in reply to thompsonx)
Profile   Post #: 268
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 8:39:25 AM   
thompsonx


Posts: 23322
Joined: 10/1/2006
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quote:


quote:

I will settle for an answer to your first question?
How do you tell if a person is an illegal?


Seems like an easy question that even you should be able to answer. Verify everyone equally without consideration to appearance. I believe that is the intent of the Arizona law. Only agenda based perspective requires a belief in prejudice and profiling intent.

The question was and is how do you do that?
How does one prove that they are a U.S. citizen?

(in reply to Mercnbeth)
Profile   Post #: 269
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 8:41:42 AM   
thompsonx


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quote:

ou assume all illegals want to be US citizens;

Where have I made that assumption?

how do you substantiate that position?

Since I did not take that position I do not need to substantiate it.

(in reply to Mercnbeth)
Profile   Post #: 270
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 8:46:53 AM   
thompsonx


Posts: 23322
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quote:

Guess what - being in the country without a visa or on an expired visa IS a criminal activity. You make a case FOR the Arizona law.


As has been pointed out to you it is a misdemeanor.
One needs to wonder at your motivation.
You who brag of committing a federal felony daily spend a lot of energy calling for the law to come down on those who commit misdomeanors, and while you claim it is not bigotry those who you would aim your vitriol at are mostly brown.
Felony for Merc =way kewel
Misdomeanor for Mexicans =way bad
Only in Mercland

(in reply to Mercnbeth)
Profile   Post #: 271
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 8:52:56 AM   
thompsonx


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quote:


quote:

ORIGINAL: thompsonx
So you would be in favor of increasing the boarder patrol by an order of magnitude of 100 and the attendant cost?
No I would be for enforcement at the employer level; however my "favor" wasn't considered in the question or the response.


Bullshit...
Here is the question and your answer

quote:


quote:

How would police go about deciding whom to stop when they go after illegal Canadians?


By stopping everyone at a checkpoint.

Which is it?
Stopping everyone at a checkpoint? Or employer sanctions?

(in reply to Mercnbeth)
Profile   Post #: 272
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 8:58:21 AM   
rulemylife


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Joined: 8/23/2004
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quote:

ORIGINAL: Mercnbeth

Guess what - being in the country without a visa or on an expired visa IS a criminal activity. You make a case FOR the Arizona law.



You obviously didn't take the time to look into the Supreme Court decisions that were listed.

Yes, being here illegally is criminal, but there is no legitimate way for the police to determine that unless they discover that fact while investigating a person for the suspicion of another crime.

(in reply to Mercnbeth)
Profile   Post #: 273
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 9:00:11 AM   
thompsonx


Posts: 23322
Joined: 10/1/2006
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quote:

quote:

It assumes that those who receive the bonus points earned them via prior discrimination. You may not like that analysis but it is the basis of AA not what you would like it to mean.
If "prior discrimination" can be confirmed

It was and thus the AA law.
But then you already knew that but still want to whine about it.



there are courts more than willing to hear the case and assign judgmental settlements. "Prior discrimination" of a group should not automatically assign bonus points to the individual.

That may be your uneducated opinion but it is the law and you live here and as you have suggested to others "if you don't like the law follow the process to change. All I can suggest is that you follow your own advice.

BTW - Go back far enough and MOST groups were discrimination against - why not give everyone 200 points like they used to do for spelling your name right on the SAT?

Please show me the the scoring protocol for the SAT that gives an applicant 200 points for spelling their name right...or is this some more of your anti-intellectual bullshit

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Profile   Post #: 274
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 9:04:47 AM   
RacerJim


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quote:

ORIGINAL: rulemylife

quote:

ORIGINAL: Mercnbeth

Guess what - being in the country without a visa or on an expired visa IS a criminal activity. You make a case FOR the Arizona law.



You obviously didn't take the time to look into the Supreme Court decisions that were listed.

Yes, being here illegally is criminal, but there is no legitimate way for the police to determine that unless they discover that fact while investigating a person for the suspicion of another crime.



Loitering is a crime in most cities.

(in reply to rulemylife)
Profile   Post #: 275
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 9:08:00 AM   
thompsonx


Posts: 23322
Joined: 10/1/2006
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quote:

quote:

Do you also feel that the bonus points given to veterans in civil service exams indicates that they are unable to compete on equal terms?



Being in favor of equality, the "meaning" isn't a consideration. My position is that ALL 'more equal' conditions should be eliminated. [/quot]

Is it that you can't read or is it that you choose not to answer my questions?
"More equal" is your faulty interpretation of the law. No one is more equal. If you actually spoke English or understood construction you would recognize that that is an "oxymoron"
The question was and is :
Do you also feel that the bonus points given to veterans in civil service exams indicates that they are unable to compete on equal terms?


(in reply to Mercnbeth)
Profile   Post #: 276
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 9:10:21 AM   
thompsonx


Posts: 23322
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quote:

Loitering is a crime in most cities.



Please explain how the government could use this.

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Profile   Post #: 277
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 9:46:00 AM   
xbrand


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Joined: 4/5/2010
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In General: What arguments you guys rage...WOW !!!!

The AZ immigration law, as written, gives the police extended authority in that they can stop ANYONE, or enter into any business under the pretext of seeking out illegals, and the citizen must oblige the authority to establish legitimacy.

That's it. Now, if they stop a Mexican, how do they know he is a Mexican? The color of his skin? He may be Salvatorian, or Arab......but no....Mexicans are Mexicans. They look like Mexicans, so the Mexican says, in court, it's my skin color, is why I was stopped. The police say...no we stopped white guys too, and asked for IDs. So the racial argument is nil.

Before, the police had to prove a reasonable and probably cause....now they don't... they are seeking out illegals, whoever they are, whatever they are, Mexican, Arab, Romanian, Russian Italian....whatever. The police do not have to prove anything; it is the person who must present proof they are here legally, Citizen birth certificate, SS#, Green Card. ......and if you refuse....you can argue..."I no show you nothing." then the cop says..."Okay, have a nice day." right?.... " You listen, I know my rights here, cop boy. I no need show you nothing."

Please, a catholic Bishop announced (it was on Yahoo news) this AZ law is like the Nazi law......well he should know.

(in reply to thompsonx)
Profile   Post #: 278
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 10:51:56 AM   
popeye1250


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xBrand, and exactly which "race" is it that they're worried about being profiled?

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Profile   Post #: 279
RE: The State Senate in Arizona passes new immigration law - 4/27/2010 10:52:53 AM   
thompsonx


Posts: 23322
Joined: 10/1/2006
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quote:

The police do not have to prove anything; it is the person who must present proof they are here legally, Citizen birth certificate, SS#, Green Card. ......


What is it on your birth certificate that positively identifies you as the person named on the birth certificate?
What form of ID would?

(in reply to xbrand)
Profile   Post #: 280
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