AZ Immigration Law Injunction Upheld By Appeals Court
Posted By Eric Ethington (Author) on April 11, 2011
Arizona – The 9th Circuit Appellate Court has upheld a lower ruling against the State’s infamous SB1070 immigration bill. They have also ruled against Arizona Governor Jan Brewer’s instruction to police to arrest people they “reasonably believe” to be illegal immigrants.
Once again, the courts have upheld the constitution which states that immigration is a federal issue and states have no legal right to enact immigration policy.
One has to wonder what will happen now with state’s like Utah, where Immigration bills were passed within the past few months.
AZ Governor Jan Brewer
A three-judge appeals panel, in a ruling released on Monday, held that a federal judge did not abuse her authority when she blocked provisions of the Arizona law that targeted illegal immigration.
The panel of the 9th Circuit Court of Appeals turned down a request by Arizona Gov. Jan Brewer, who asked the jurists to lift an injunction imposed by U.S. District Judge Judge Susan Bolton the day before the law was to go into effect on July 29.
Among the controversial aspects of the law was a requirement that local police check the immigration status of anyone they detain during an investigation.
The original law was enacted in April 2010 after Arizona officials argued that they needed their own law to deal with the growing problem of unauthorized immigration from Mexico, which shares a border with Arizona. In general, the law establishes a variety of immigration-related actions as state offenses and defines how local and state officials can enforce the measure.
"Eric, trying to have this (civil rights) conversation with you is ultimately like trying to teach a pig to dance, it just annoys the pig. So Eric, sorry to annoy you."
-Paul Mero, The Sutherland Institute.
I don’t understand what the big opposition to checking someone’s immigration status. It isn’t racist, it’s National security. You’re either legal, or you’re not. In other countries if you don’t have your ID, they just shoot you. Deportation is a luxury. Sure it separates a few families, but that’s what happens when you break any law.
Try checking the constitution Alex. You cannot violate someone’s civil rights just because you THINK they may be breaking the law.
Well no, that’s not true at all. You definitely can. Constitutionally, the police can temporarily detain someone based on only a reasonable suspicion, and they can arrest someone based on probable cause, both of which are fancy terms for different levels of THINKING someone has broken the law.
You don’t have to have proof to arrest someone.
If illegal immigration is a crime–and this Arizona law made it a crime–then the police can check someone’s immigration status if they have reasonable suspicion/probable cause depending on the circumstances (although merely “being brown” is not reasonable suspicion or probable cause).
The 9th circuit struck this down because Constitutionally, Arizona can’t pass laws criminalizing illegal immigration. That’s how the Constitution works: where an area of law or regulation is specifically the province of the federal government, states can’t pass their own laws on the topic.
Or more precisely, where the Constitution gives Congress the power to regulate something, that means that Congress can also decide not to regulate it, and the Supremacy Clause says that where the federal government is empowered to pass laws, federal law trumps state law. so this doctrine applies the supremacy clause to Congress’s decicion to not criminalize illegal immigration.
Lots of things are “illegal” without being crimes.
THE REVOLUTION HAS BEGAN
The 9th circuit court is in the Sanctuary city of San Francisco, which is an appeals court hated by patriotic Americans has lived up to its reputation. It is overrun by activist judges (Liberal Progressives) have blocked major sections of the strict Arizona illegal immigration law. Perhaps now the financially hurting State of Arizona can fast track their grievances to the highest court of the land. Illegal Immigration is not a victim less crime, as it stealing jobs from low wage Americans and routing huge profits to criminal businesses. We need to stop the millions of illegal migrant and immigrant leeches draining our dollars. Even our school system is overcrowded, the emergency rooms of hospitals unable to cope with the jammed rooms with foreign nationals. School districts demanding for even thousands of more bilingual teachers and low income Americans waiting for hours in reception areas, because foreign nationals and their large families with 4 or 6 babies, with one on the way taking up the seating; knowing that the instant citizenship game for their ofspring nationwide, comes out of taxpayers pocket.
Utah and other States have failed to predict the consequences as millions of impoverished aliens pour over their state border, will find themselves in the same mess as economic illegal aliens flood their schools and hospitals. We must throw out all the pro-illegal immigrant politicians, Governors, Mayors, Police Chiefs and councilors and city managers in the streets. Don’t let the Liberals in our administration sidetrack it, as they did with proposition 187 in California. It seems like only the growing millions in the TEA PARTY understands that America is heading for insolvency, thanks to the Liberal progressives. The TEA PARTY is waiting for your membership to stop these travesties of the “Rule of Law.” and press Congress from borrowing more money from Communist China and other investors, to pay the interest on the 14 Trillion dollar debt.
Thats’ only one way of looking at it, Eric. Identification is part of our society. Whether it’s using a credit card, going to a bar, driving a car – besides being a credential for proving you are who you say you are, it is also validating legal residency in the US. There is nothing so wrong about proving citizenship. As a US Citizen, if I was asked twice a day to provide my ID, I would gladly do so.
The problem is that people take their rights for granted, and think only of “my rights, my rights!” Soldiers are fighting overseas to ensure our freedom, and all we do is bitch about taxes and anything else we might have to do outside of our normal life for the country. We are at war right now, and in a financial crisis. This is about being a responsible citizen. So we shouldn’t be complaining that something that helps the country is “inconvenient” to our daily life. That “national security” infringes on our right to take the rights others have fought for us to have for granted.
Alex, the Fourth Amendment protects against unreasonable search and seizure, which is why the cops can’t just randomly stop people and ask them for ID.