Atta BABY ARIZONA!!!!!

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Re: Atta BABY ARIZONA!!!!!

Post by Ursus A. Horribilis »

danefan wrote:
Ursus A. Horribilis wrote: I'm looking at in the intent not the potential for abuse. There will be way too much scrutiny for the potential you suggest to be standard operating procedure.

Mexicans are wonderful people and hard working SOB's. Been around many of them in my youth when the migrant workers would flood E. Montana during harvests. I like those kinds of programs but there are laws that need to be enforced. At some point if cops quit giving out tickets for speeding then we would all just disregard them and do whatever we wanted...even though the laws are still on the books. AZ is trying to force the governments hand to be accountable for their responsibilities and I just ain't buying the oversimplification that this is gonna be Nazi Germany and all brown people are gonna be stopped and forced to show their papers. There are way easier targets for AZ to make their stand on.
I hope you're right, but I fear you're not. Only time will tell.

And just so you know. I agree with your sentiments re: Mexican workers. I grew up with Mexican migrant workers in the onion fields of Pine Island, NY. The Onion capital of the US. The hardest working group of people I've ever scene.
My Gramma & Grandpa used to run school buses and taxi them back and forth and to this day one of the most beautiful girls I've ever seen is a 12 yr. old Mexican girl. I got to ride along when I was little and I asked my Gramma all about her for about a 30 mile ride back to the garage. :lol:
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Re: Atta BABY ARIZONA!!!!!

Post by ALPHAGRIZ1 »

danefan wrote:
ALPHAGRIZ1 wrote:
Of course they are, but they will be stopping them for another reasons than targeting them for being here illegally. See if you actually read the bill you will be ahead of Obama not that its hard to do that.
Did you actually read the bill?
Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a lawful contact where reasonable suspicion exists regarding the immigration status of the person, except if the determination may hinder or obstruct an investigation.
That means stop anyone who looks like they could be an illegal immigrant doesn't it? In other words....anyone with brown skin?
Here is the whole section of the bill that you clip so as to support your argument.

There has to be LAWFUL contact made first then your part of it kicks in. This has been explained to me by a lawyer friend of mine in Phoenix as well as some law enforcement in Phoenix. They cannot pull someone over because they are "brown". Even if you argue the interpretation of this section of the bill, law enforcement is being told that they cannot racially profile and there has to be something else before they can use this bill as another tool.


20 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).
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Re: Atta BABY ARIZONA!!!!!

Post by CID1990 »

After haveing read the law, I see one major piece of language. Maybe somebody else has already pointed this out on here, but I briefly saw Arpaio on CNN and he made mention of it...

The law specifically mentions "lawful contact." There is already a LOT of established case law on this language, and it boils down to reasonable suspicion. It will take a little while for the dust to settle on this, but it does appear that the law does not allow for the arbitrary stopping of people just because it appears that they might be illegal. In fact, I think that the standard will move towards something similar to Terry vs. Ohio in terms of exactly under what circumstances and officer can check for a person's immigration status. In fact, I'll go ahead and say that you will have to have a primary violation before you can move to the secondary check of status.

Plus, there are ways to determine immigration status without even asking the person. If you have already stopped them for speeding, you have their driver's license. We ALREADY check for other criminal histories based on this, like when we run a person for arrest warrants. We also run DMV histories to make sure their driver's license is current. What is different about running them for immigration status? The CIS databases are available. Police run people for warrants all the time. Those are issued because of criminal activity. Sneaking into the US is also criminal activity.

IN all, I think the procedures here will come under some judicial scrutiny. As with ALL laws there will be some mistakes and even some abuse. In the end, I think the Federal government is going to shoot itself in the foot on this one because they are going to go after the law too vigorously (more vigorously than they enforce their own laws anyway) and piss off the public with it. Maybe that was Arizona's intention all along?
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Re: Atta BABY ARIZONA!!!!!

Post by CID1990 »

I guess I could have gone all the way to the bottom of the thread to see that AG already pointed this out....
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Re: Atta BABY ARIZONA!!!!!

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CID1990 wrote:After haveing read the law, I see one major piece of language. Maybe somebody else has already pointed this out on here, but I briefly saw Arpaio on CNN and he made mention of it...

The law specifically mentions "lawful contact." There is already a LOT of established case law on this language, and it boils down to reasonable suspicion. It will take a little while for the dust to settle on this, but it does appear that the law does not allow for the arbitrary stopping of people just because it appears that they might be illegal. In fact, I think that the standard will move towards something similar to Terry vs. Ohio in terms of exactly under what circumstances and officer can check for a person's immigration status. In fact, I'll go ahead and say that you will have to have a primary violation before you can move to the secondary check of status.

Plus, there are ways to determine immigration status without even asking the person. If you have already stopped them for speeding, you have their driver's license. We ALREADY check for other criminal histories based on this, like when we run a person for arrest warrants. We also run DMV histories to make sure their driver's license is current. What is different about running them for immigration status? The CIS databases are available. Police run people for warrants all the time. Those are issued because of criminal activity. Sneaking into the US is also criminal activity.

IN all, I think the procedures here will come under some judicial scrutiny. As with ALL laws there will be some mistakes and even some abuse. In the end, I think the Federal government is going to shoot itself in the foot on this one because they are going to go after the law too vigorously (more vigorously than they enforce their own laws anyway) and piss off the public with it. Maybe that was Arizona's intention all along?

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Re: Atta BABY ARIZONA!!!!!

Post by Skjellyfetti »

CID1990 wrote: I'll go ahead and say that you will have to have a primary violation before you can move to the secondary check of status.
If that's true... isn't that where we currently stand? :?
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Re: Atta BABY ARIZONA!!!!!

Post by danefan »

Skjellyfetti wrote:
CID1990 wrote: I'll go ahead and say that you will have to have a primary violation before you can move to the secondary check of status.
If that's true... isn't that where we currently stand? :?
Yes, except this makes it a state law to not carry proof of your federal naturalization status.

But I don't think you need a "violation". You just need a lawful contact. "lawful contact" is not defined in the bill and is not defined anywhere else in the common or statutory law of the state of Arizona. Why put a term in a bill like this without defining it?

It will definitely vary by state, but a lawful contact in New York doesn't require a violation of a law. In NY there are 4 levels of legal search and seizure (which could be the equivalent of "lawful contact").
Level one permits a police officer to request information from an individual and merely requires that the request be supported by an objective, credible reason, not necessarily indicative of criminality; level two-the common-law right of inquiry-permits a somewhat greater intrusion, short of a forcible seizure, and requires a founded suspicion that criminal activity is afoot; level three, authorizing an officer to forcibly stop and detain an individual, requires a reasonable suspicion that the particular individual was involved in a felony or misdemeanor.
So a cop in NY could request information (e.g. ID) from a person in NY whenever there is an objective, credible reason. That person, however, does not have to stop or give that information and the office cannot require that person to give that information unless he has a "founded suspicion that criminal activity is afoot." I don't know about the law in AZ, but in NY I'd say this is probably would lawful contact would mean. But apparently, there is no such distinction in AZ. Or at least no one can find one to cite.
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Re: Atta BABY ARIZONA!!!!!

Post by danefan »

CID1990 wrote:After haveing read the law, I see one major piece of language. Maybe somebody else has already pointed this out on here, but I briefly saw Arpaio on CNN and he made mention of it...

The law specifically mentions "lawful contact." There is already a LOT of established case law on this language, and it boils down to reasonable suspicion. It will take a little while for the dust to settle on this, but it does appear that the law does not allow for the arbitrary stopping of people just because it appears that they might be illegal. In fact, I think that the standard will move towards something similar to Terry vs. Ohio in terms of exactly under what circumstances and officer can check for a person's immigration status. In fact, I'll go ahead and say that you will have to have a primary violation before you can move to the secondary check of status.
There is definitely law on this out there under the Fed Constitution but there apparently isn't any law out there in Arizona. Why didn't they just define what it meant in the law?
CID1990 wrote:
Plus, there are ways to determine immigration status without even asking the person. If you have already stopped them for speeding, you have their driver's license. We ALREADY check for other criminal histories based on this, like when we run a person for arrest warrants. We also run DMV histories to make sure their driver's license is current. What is different about running them for immigration status? The CIS databases are available. Police run people for warrants all the time. Those are issued because of criminal activity. Sneaking into the US is also criminal activity.
This I completely agree with and this is what Congress should be doing right now. Establishing a national immigration database that can be accessed by all local law enforcement and "deputizing" local law enforcement to enforce the already established federal law. With technology the way it is today there is absolutely no reason a local cop should not be able to check the immigration status of a person he/she has detained or stopped and arrest them for transfer to federal custody based on immigration status alone.
CID1990 wrote:
IN all, I think the procedures here will come under some judicial scrutiny. As with ALL laws there will be some mistakes and even some abuse. In the end, I think the Federal government is going to shoot itself in the foot on this one because they are going to go after the law too vigorously (more vigorously than they enforce their own laws anyway) and piss off the public with it. Maybe that was Arizona's intention all along?
I agree.
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Re: Atta BABY ARIZONA!!!!!

Post by CID1990 »

Well, the ability IS already there, but NO, police aren't already able to make the checks. There are a couple reasons.

1. Even if you could find out a person's immigration status, the former INS (now ICE and others) wouldn't give a sh!t. Unless the guy had the Lindbergh baby hiding in the trunk of his car, they wouldn't even answer the phone. I had a couple arrests where the guys were obviously illegals... no card, no DL, no Engrish, and all kinds of papers and documents showing family in Monerrey... When I was young and much more naive, I called INS a couple times. They couldn't be bothered. Unless the guys were in for murder then it was futile.

2. I never had access to the various INS databases. These are the same databases that are available to intake agents at ports of entry like airports. PIERS, etc. Unless the police have access to those databases, they will still have to call ICE on the phone, and good fvcking luck with that. Ultimately, this law will require the cooperation of the Federal Government, because it is the Feds that hold the keys to the immigration information, and somehow I don't think they are going to be giving that up right now. Under orders from the top, of course.
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Re: Atta BABY ARIZONA!!!!!

Post by dbackjon »

Lawful contact, under this law, could include any code violations as well.

You have a weed in your yard - CODE VIOLATION - police can now raid your house.
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Re: Atta BABY ARIZONA!!!!!

Post by ALPHAGRIZ1 »

Like an illegal is going to have a weed in their yard, they would have the nicest looking yard on the block!!




If you dont want to get caught then be here LEGALLY its so simple, I am hoping one day even you can grasp this.
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Re: Atta BABY ARIZONA!!!!!

Post by native »

CID1990 wrote:After having read the law, I see one major piece of language. Maybe somebody else has already pointed this out on here, but I briefly saw Arpaio on CNN and he made mention of it...
Do you consider Arpaio to be an effective law enforcement officer, CID?
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Re: Atta BABY ARIZONA!!!!!

Post by Ursus A. Horribilis »

dbackjon wrote:Lawful contact, under this law, could include any code violations as well.

You have a weed in your yard - CODE VIOLATION - police can now raid your house.
:lol:

Dude I get it now, you've been playin' a lot of us with your emotional responses to some of these issues lately.

You totally had me going there for a while. :lol:
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Re: Atta BABY ARIZONA!!!!!

Post by Wildcat Ryan »

Way to go Arizona, if the federal law wont enforce thier own law let the state do it themselves
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Re: Atta BABY ARIZONA!!!!!

Post by AZGrizFan »

native wrote:
CID1990 wrote:After having read the law, I see one major piece of language. Maybe somebody else has already pointed this out on here, but I briefly saw Arpaio on CNN and he made mention of it...
Do you consider Arpaio to be an effective law enforcement officer, CID?
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Re: Atta BABY ARIZONA!!!!!

Post by CID1990 »

native wrote:
CID1990 wrote:After having read the law, I see one major piece of language. Maybe somebody else has already pointed this out on here, but I briefly saw Arpaio on CNN and he made mention of it...
Do you consider Arpaio to be an effective law enforcement officer, CID?
I don't really know enough about him to make a judgment. On the surface, he seems to at least be creative, and some people do seem to like him. However, I have worked for another well known police chief who was frequently in the news, and although he seemed to be a great chief from the outside looking in, a lot of his strategies were just paper tigers. All bluster and "look at me" but little substance. Pretty much the only word I would take on Arpaio's abilities would be the word of one of his own officers, and I don't know any.

I saw him the other night when I flipped through CNN and stopped surfing for long enough to figure out what was beeing said on Larry King. I will admit that Arpaio was making lots of sense, and the Mexican-American guy was pretty much seeing men in black around every corner. He was also somewhat inaccurate on what police are currently capable of doing in terms of this law.
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Re: Atta BABY ARIZONA!!!!!

Post by grizzaholic »

dbackjon wrote:Lawful contact, under this law, could include any code violations as well.

You have a weed in your yard - CODE VIOLATION - police can now raid your house.
:roll:
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Re: Atta BABY ARIZONA!!!!!

Post by houndawg »

Wildcat Ryan wrote:Way to go Arizona, if the federal law wont enforce thier own law let the state do it themselves

This problem evaporates overnight if we make it ten years hard time for business owners who hire illegals. Of course they'll scream bloody murder about having to pay Americans a better wage.
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Re: Atta BABY ARIZONA!!!!!

Post by dbackjon »

grizzaholic wrote:
dbackjon wrote:Lawful contact, under this law, could include any code violations as well.

You have a weed in your yard - CODE VIOLATION - police can now raid your house.
:roll:

Yeah, pretty scary - but it is the truth...
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Re: Atta BABY ARIZONA!!!!!

Post by grizzaholic »

dbackjon wrote:
grizzaholic wrote: :roll:

Yeah, pretty scary - but it is the truth...
:roll:
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Re: Atta BABY ARIZONA!!!!!

Post by ALPHAGRIZ1 »

houndawg wrote:
Wildcat Ryan wrote:Way to go Arizona, if the federal law wont enforce thier own law let the state do it themselves

This problem evaporates overnight if we make it ten years hard time for business owners who hire illegals. Of course they'll scream bloody murder about having to pay Americans a better wage.

The words of a guy that has never ran a business.....................
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Re: Atta BABY ARIZONA!!!!!

Post by native »

Ursus A. Horribilis wrote:
danefan wrote:
I think you're referring to the brown skin comment righrt?

Is that comment an over simplification? Sure it is. But the potential for that very reasoning is so high here.
I'm looking at in the intent not the potential for abuse. There will be way too much scrutiny for the potential you suggest to be standard operating procedure.

Mexicans are wonderful people and hard working SOB's. Been around many of them in my youth when the migrant workers would flood E. Montana during harvests. I like those kinds of programs but there are laws that need to be enforced. At some point if cops quit giving out tickets for speeding then we would all just disregard them and do whatever we wanted...even though the laws are still on the books. AZ is trying to force the governments hand to be accountable for their responsibilities and I just ain't buying the oversimplification that this is gonna be Nazi Germany and all brown people are gonna be stopped and forced to show their papers. There are way easier targets for AZ to make their stand on.
You are right on target in so many ways, Brother Bear! :thumb:

The majority of the Mexican cowboys I grew up with and worked with for ten years on a ranch were extremely hard working, honest and decent people. There were only 2-3 exceptions among more than two dozen of the finest folks you would ever care to meet or work with (unless you are lazy). Same with the caucasian cowboys, except that there may have been 4-5 exceptions over the same period of time. These were not people I merely observed from a distance. These were people with whom I worked cattle, built fence, hauled hay, shared food, traded stories, sang songs and played cards, day to day, every summer and on the weekends until I went to college.

I did not understand much about labor law, immigration law, tax law or the like as a kid. In hindsight most of these cowboys were seasonal workers who worked and saved money and then went home to be with their families. A few were family minded men who probably obtained citizenship under the Simpson Mazzoli amnesty of 1986. Except for breaking immmigration laew, they were the salt of the earth!

Unfortunately in most instances, however, these were not the same people I later coached and refereed in club and public school soccer, and with whom my kids went to school in the nineties in both northern and southern California. While a few of these kids were salt of the earth types just like the Mexicans I knew from before, the majority were somewhat lazy and indifferent underachievers with a chip on their shoulder. Many of these were probably first generation anchor babies. A significant number were hostile, belligerent, troublemakers who prided themselves in anti-social behavior and gang affiliation, whether wannabee or not.

There are many difference between then and now, Mexifornia's gross failure to uphold the law chief among them.

All the Arizona law does is attempt to establish uniform and consistent law enforcement across the state including the lawless border areas where the border patrol chooses not to enforce the law and the sanctuary cities where public officials turn a blind eye to illegal immigration and refuse to cooperate with ICE. The Arizona law is 100% supportive of and consistent with federal law. It is modeled on the highly successful federal 287g program which already does the same things in selected localities across the nation. Depite the race-baiting hysteria from the left and from the racist pro-illegal alien lobby, there have been zero validated cases of racial profiling in the 287g program.
Last edited by native on Sun May 09, 2010 8:18 pm, edited 2 times in total.
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Re: Atta BABY ARIZONA!!!!!

Post by ALPHAGRIZ1 »

This law isn't going anywhere it has WAY to much support.

The opponents of this bill could only muster 2000 people to march with Rev Al on Cinco de Mayo! If there was as much resentment for this bill like the media wants you to believe then there would have been way more people.

All the media hype in the world can't hide that one
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Re: Atta BABY ARIZONA!!!!!

Post by native »

ALPHAGRIZ1 wrote:This law isn't going anywhere it has WAY to much support.

The opponents of this bill could only muster 2000 people to march with Rev Al on Cinco de Mayo! If there was as much resentment for this bill like the media wants you to believe then there would have been way more people.

All the media hype in the world can't hide that one

:lol: :lol: :lol: Too bad the "reverend" Al didn't make it to Live Oak High to lead the little Mexifornigangsters out of school in protest of ....of ... the why part gets kinda hazy...
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Re: Atta BABY ARIZONA!!!!!

Post by UCABEAR »

Here ya go:
http://thecabin.net/news/local/2010-05- ... ce-officer
By

Log Cabin Democrat

Conway Police Department officers arrested a 30-year-old Conway man Monday night for attempted capital murder of a police officer after the man allegedly fired a shot from a handgun at an officer.

Officers investigating a hit-and-run accident on East Oak Street found reason to believe that the at-fault driver, identified in the report as Francisco Ortega-Montalvo, 30, of 11 Hazelwood Road, could have fled to his residence.

Ortega-Montalvo is being held today on suspicion of attempted capital murder pending further investigation, and is being held with no bond at the Faulkner County Detention Center per U.S. Immigration and Customs Enforcement.

Let's see:
1) Hit and Run- 1 victim left behind
2) Attempted Capital murder- 1victim shot


Just saw on the local news that the suspect said he's not a legal immigrant. Great. If a person doesn't have enough respect for the law to enter the country the legal way, then it's safe to assume they won't care about the laws established there. Not all illegal immigrants are this way, but they're still illegal. Something has to be done to fix the system. :evil:
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