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Immigration Laws Put on Trial

by Leah on July 20, 2010

in Politics & Policy

From the WSJ: Police officer David Salgado

Arizona’s immigration laws have sparked an outcry among those in the Hispanic Community, civil rights groups, and our federal government. Beginning last Thursday, US Distract Judge Susan Bolton was presented with the first of six cases brought against the State of Arizona and Governor Jan Brewer in the hopes of blocking a law that is charged with setting in place the groundwork for legalized racial profiling.

What is most interesting about these cases are the individuals who have chosen to take action; the ‘David’s’ vs. Goliath so to speak. The case that was held this past Thursday was filed by Officer David Salgado, and the Chicanos por La Causa community activism group. Officer Salgado holds that as an Officer under the new law, he would be forced to question the status of a perceived immigrant which could put him at risk of being sued for racial profiling. On the other hand, if he doesn’t comply, he would be fired from his position as a member of the Phoenix Police Department. The same is true of Officer Martin Escobar, who challenged the immigration law on grounds of interfering with other police investigations as well as violating federal law which prohibits states from interfering in immigration policy.

Officer Escobar’s argument could cause the state immigration law to be legally be banned. Although threat of racial profiling is very real, and will no doubt happen if this law is put into place; legally, lawyers must fight based on the federal government’s protection of such actions. Putting a focus on immigration takes away from every other aspect of crime or protective services that police enforcement is meant to carry out. It also facilitates a sort of guess-work that will only drive a wedge between Hispanic communities and law enforcement; a wedge that may be somewhat similar to the one that still exists among many Black people and police officers based on the racial profiling that has gone on in those communities in the past.

A simpler argument then all of these (not based on legal grounds, mind you, but nonetheless simpler) is that this law is causing more negatives than positives. The State of Arizona is setting up police departments to be sued for all they are worth; that means countless dollars spent on lawyers, and time focusing on something that does not legally fall under state jurisdiction. Not to mention that it will vilify those who are put in place to help; I don’t think that can be said enough. The backlash and chaos that has begun even now, from both proponents for and opposition against this law are a prime example of what would only continue to happen if this law were put into place. Arizona’s Immigration Law and our response to it  will determine other states’ responses; many have already begun drafts of an immigration law and are looking to the courts decision as a benchmark for whether or not legislation on these laws can begin.

Regardless of the decision made by US District Judge Bolton, this introduction of law has lit fires where there were none before. Staying aware of our constitutional rights, how laws will affect everyone, and what we can do to push better immigration legislation through our federal government, that will prevent states from taking action into their own hands is necessary to maintain basic civil rights. Choose to be informed.

[ORIGINALLY POSTED HERE]

Post Summary

What is most interesting about these cases are the individuals who have chosen to take action.

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{ 2 comments… read them below or add one }

1 blackchild July 20, 2010 at 7:53 am

I don't see the problem, illegals are a menace to our society. The people sneaking over the border aren't the Chairs of the Physics and Chemistry Department at the University of Mexico.

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2 Brittanicus July 20, 2010 at 6:02 pm

ATTENTION! THIS IS ABOUT ILLEGAL IMMIGRATION–NOT LEGAL IMMIGRATION. GET IT!

No longer is it just Arizona's motivation any more, other states are following Arizona's example with the same policing law, as a facsimile of the federal law. Already a special session of Florida's, Georgia and Utah's legislative, wants to implement a series of laws, that will not only be the same as Arizona's, but will use the great barrier against illegal labor, but will resort to harsh sanctions for business men who have ignored the immigration laws for at least 30 years.

Amnesty that was purportedly to halt these violations in the workplace; no administration has solidly enforced these laws. Now with the inception of E-Verify, that has been increasingly modified, an updated program with strong safeguards, its growing technology can detect stolen documents and sham social security numbers. Republican Senator Jeff Sessions introduced an amendment in 2009 that would have made E-Verify permanent and mandatory for all, but especially for construction companies. Senator Reid did not allow the idea to come up for a vote and the evidence is there that Reid tried to kill E-Verify from the beginning. The 2009 numbers show Nevada is a state with one of the highest percentage of "unauthorized immigrants" in the labor force. Reid's office also downplayed E-Verify as inaccurate, citing recent Social Security Administration numbers.

But the federal government’s (GAO) own contracted accountants; established E-Verify worked 99-percent of the time. Harry Reid was not always an ardent crusader of amnesty for the 18 and up– million illegal aliens in America. Reid once called illegal aliens “free loaders and scam artists." which he proposed to deal with in his Immigration Stabilization Act in the United States Senate in 1993.” That proposed legislation was presented to the floor of the US Senate with the subsequent press release, in part, issued by Reid's office on August 5, 1993.“ When responding to increased terrorism and abuse of social welfare programs by illegal aliens, Harry Reid announced the first and only comprehensive immigration reform bill in Congress.

Currently, an alien living illegally in the United States often pays no taxes but receives unemployment, welfare, free medical care, food stamps, Section 8 housing, specific if they have a birthright citizen child and other federal benefits. Same with the "DREAM ACT" like always American taxpayers will become the benefactor, same with Anchor Babies. Previous terrorist acts, including the World Trade Center bombing, have accentuated the need to keep violent criminals out of the country." Currently, in a round-about-turn Senator John McCain, has changed his tune just as Reid has moved opposite direction as pro- amnesty zealot. Unlike Reid’s proposed plan on immigration reform package, McCain has now expressed his judgment of enforcing the border first?

INCIDENTALLY, I WONDER HOW MANY SENATORS OR REPRESENTATIVES REALIZE THAT THIS WAS NOT THE ORIGINAL BORDER FENCE. THAT TWO FENCES SEPARATED BY A TRACK FOR THE US BORDER PATROL OF A HUNDRED YARDS WAS ORIGINALLY PLANNED? At present I question why President Obama has deployed troops on the border, as they have no power to initiate an arrest or shoot drug smugglers? Sen. Reid should now be carefully watched, as with having a large population of illegal immigrants that will violate the law in voting him back into office. His opponent Sharron Angle can be molded by public opinion, but Reid has too many questionable irons in the fire. Many favors have likely been brought from special interests and open border trash, Faith groups which need him as in top leadership to try and force through another trillion dollar amnesty.

If the illegal immigration invasion was intended to be a federal violation, then why did they make entering the United States a misdemeanor, instead of a felony? IF ARIZONA”S POLICING LAW IS A FEDERAL VIOLATION, WHY HASN'T THE GOVERNMENT SWEPT DOWN ON THE PROMOTERS OF SANCTUARY CITIES? Ask your Representatives in Congress and state assemblies these questions at 202-224-3121. Don’t wait! Bombard your lawmakers with your demands or see this country become overpopulated and in many neighborhoods third world slums, costing US taxpayers billions more in welfare programs.

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