luckydawg -> RE: AZ, All Stars, & Looking Illegal (5/16/2010 6:20:49 PM)
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quote:
ORIGINAL: rulemylife quote:
ORIGINAL: luckydawg RML, except your link to the Yahoo news story, in no way demonstrates that the law violates Hibel (or brown). this is not a stop and identify law. at all. It specifically states, B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY 21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS 22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS 23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, 24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE 25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT 26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). I guess that is what the debate is about. Does "lawful contact" mean the law only allows a check of immigration status during the course of an investigation into another crime or has "reasonable suspicion" been expanded so law enforcement can randomly check someone's status? It appears to me the law was written intentionally ambiguously to allow the latter. Except it's not ambigous. It is written in English. The clause, "WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS 23 UNLAWFULLY PRESENT IN THE UNITED STATES" is clearly subordinate, to '" FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY 21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS 22 STATE" Lawfull Contact is defined by the USSC, in the cases you presented to me. This law clearly is not a stop at random and give ID law. And it would be an instant lawsuit if it was used in that way. But with Real ID, anytime a legal ID is produced citizenship/immigration status will be able to be instantly checked. Interestingly, the law also has severe state penalties for employers of illegal immigration. And makes it a crime to solicit the labor of an illegal.
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