Monday, June 25, 2012

SCOTUS rules on Arizona Immigration Law.

I'm going to reprint...in it's entirety...the piece from SCOTUS Blog...then comment on it after.:

This morning, the Court handed down its decision in Arizona v. United States, the case involving Arizona’s attempt to supplement federal immigration enforcement through several state law measures.  The Court reviewed four provisions of the statute, holding that three are preempted by federal law.  Section 2(B) – which requires the police to check the immigration status of detained individuals before releasing them – is the only provision that potentially survived.
Lyle Denniston wrote extensive pieces before and after the oral argument in the case.  In brief, in 2010 Arizona enacted a law (often referred to as “S.B. 1070,” its bill number) designed to discourage illegal immigration into the state and to facilitate the deportation of illegal immigrants who were already there.  The federal government filed a lawsuit to stop enforcement of many of the provisions of the law, arguing that the Constitution gives the federal government alone the authority to control immigration and that Arizona was treading on that exclusive authority in S.B. 1070.  (Importantly, although many have complained that the law invites racial profiling or violation of individuals’ civil rights, those arguments are not at issue in the case – the only issue is whether the law is invalid because it attempts to exercise a power over immigration that belongs solely to the federal government.)
The Ninth Circuit ordered Arizona not to implement four parts of the statute while the case was litigated.  Arizona asked the Supreme Court to review that decision, which it did, resulting in today’s decision.
Here is a rundown on the Court’s ruling with respect to each relevant challenge:
1.  Police Checks.  Section 2(B) of the law requires the police to check the immigration status of persons whom they detain before releasing them. The Court held that the lower courts were wrong to prevent this provision from going into effect while its lawfulness is being litigated.  It was not sufficiently clear that the provision would be held preempted, the Court held.  The Court took pains to point out that the law, on its face, prohibits stops based on race or national origin and provides that the stops must be conducted consistent with federal immigration and civil rights laws.  However, it held open that the provision could eventually be invalidated after trial.
2.  State Law Crime of Being In The Country Illegally.  Although federal law already makes it illegal for someone to be in the country without proper authorization, Section 3 of the Arizona statute also makes it a state crime, subject to additional fines and possible imprisonment.  The Court held that this provision was preempted and cannot be enforced.  The Court held that Congress has left no room for states to regulate in this field, even to implement the federal prohibition.
3.  Ban on Working In The State.  Section 5(C) of the statute also makes it a state crime for undocumented immigrants from applying for a job or working in the state.   It is also held preempted as imposing an obstacle to the federal regulatory system.  Because Congress obviously chose not make working in the country without proper authorization a federal crime, states cannot enact additional criminal penalties Congress decided not to impose.
4.  Warrantless Arrest Of Individuals Believed To Have Committed A Deportable Crime.  Section 6 of the statute authorizes state law enforcement officials to arrest without a warrant any individual otherwise lawfully in the country, if law enforcement officials have probable cause to believe the individual has committed a deportable offense.   The Court held that this provision is preempted.  Whether and when to arrest someone for being unlawfully in the country is a question solely for the federal government.

Okay....so the court left the Police Checks alone. That's only right and proper.   They should be checking immigration status if they suspect.  You can call that Racist if you want but, before you scream the completely ASININE scream of "Racism"? Go look at the immigration laws of other countries...including Mexico and see what THEY do.  Some are the same as ours basically, some are harsher but they actually ENFORCE their laws. So WHY is it "RACIST" for us to actually enforce ours?    Before you type or open your mouth THINK , actually THINK for fuck sake. Instead of just reacting out of emotion.



   
Now onto point two...making it a State Crime to be in the "country" illegally..
It's already a FEDERAL crime. All that Arizona is doing is trying to...reinforce it on a state level so if the Feds refuse to act, the State can do so instead.  They are not trying to PREEMPT federal authorities.   Simply trying to protect the citizens of the State and the Country from all the crime that comes with "illegal" immigrants. 
 

Ban on working in the state.  Again...just common sense. If you make it a crime to work in the state since you aren't here legally, all your doing is making it harder for the "illegals" to stay when they can't find a job. It allows the state to hammer the living shit out of any employers who knowingly or even unknowingly employ illegals.  I WANT those employers hammered to shit. Why? because they're not just breaking the law, by hiring illegals...they are also taking advantage of those illegals.  What do you mean their taking advantage?   Sigh...pay attention bird brain.  Illegals are in the country illegally.  They find a job, either by working under the table or using a dead persons Social Security # or stealing a live persons #.  So in the case of the former...they are being paid Cash...off the books.  Which is the Employer knowingly hiring an illegal, paying them cash off the books, that's insurance the company doesn't have to pay, benefits the company doesn't have to pay and TAXES that neither the company NOR the illegal have to pay. As a consequence the EMPLOYER can PAY the illegals less, treat them even worse than they might already be treating their employees who are already citizens, which puts the illegals at the complete mercy of the employer.   Does that seem right to you?  The blindingly obvious answer is no. I suspect MOST people would answer NO. 
 Now in the latter case the illegals have broken at LEAST 2 laws both of them federal cases.  What's worse, is they actually probably broke 3 laws because many illegal immigrants act as one time mules for the cartels.  Carrying drugs over the border, with a cartel gun bunny as a guide. Who will after delivery go back over the border to home, orr they might already live here, and get well paid for meeting the illegals at the border and guiding them in to the drug drop off point and then cutting them loose to go where they will.   To me the criminals that come over...don't pertain much to this point of law because by definition they are career criminals who make all their money off of drugs, guns, extortion, intimidation and prostitution by and large anyway.  That being said..THOSE fuckers don't belong here either.

Point 4- Warrantless Arrest of  individuals sustpected of committing a deportable crime. -  Nope that one I agree with being struck down. We have ENTIRELY too many local, state and federal law enforcement agencies doing warrantless and no knock door kicks and doing them in the wrong goddamn locations, on a regular basis.  I'm GLAD this one got struck down. If you suspect someone of committing a "deportable" crime then GET A GODDAMN WARRANT YOU ASSHOLES!  The Feds aren't really enforcing the laws like they should so really,  can you REALLY blame Arizona and it's citizens for wanting to protect themselves.  Go look at stats of people killed on their own goddamn property, farmland mostly, by illegal immigrants.  Go talk to people who actually live and work their entire lives, land that's been in their family for generations about the damage the illegals can do as they pass through.  Ask them if they feel SAFE.  The answer to the latter boys and girls is invariably...NO.    I don't blame illegals for wanting to come here and make a better life for themselves and their families.  But they ARE breaking the LAW , and violating our borders to do so.  The other thing I object to in regards to illegals is them sending most of the money they do make, some of them, not all of them, back across the borders to Mexico...where it does the US economy no good whatsoever.   So we've established this is not in fact a "Racist" law.  Racism is the last ditch cry of a person with no logical, rational reasoning, or facts behind their argument; attempting to shut you up and intimidate you.  Go through the "process" and come in the legal way to become a citizen, like my forebearers. My family on BOTH sides came in through Ellis Island.  Now the feds in general and OBama in particular have said they basically refuse to enforce the law. Hell OBAMA just signed an executive order that grants amnesty, or rather infinite, non ending deferred adjudication, which amounts to amnesty, to illegal immigrants.  By doing so he and the other federal agencies responsible have basically ABDICATED their "exclusive Constitutional" authority to ENFORCE those laws. By DOING so it defers back down to the STATES, and gives THEM the constitutional authority to do it. He's basically making it a State's Right, not a Constitutionally Mandated FEDERAL one.   So the Argument of the constitutionality of the Arizona Law just got tossed right out the window. It no longer holds any water.


 

And THAT boys and girls is my take on this subject.  Now wanna know something REALLY SCARY?  In 2011 10's of thousands (30,000 or more) of new laws were passed by the Obama Administration and the agencies of the federal fucking government.  It's estimated with all the laws that have been passes in  2011 and before...your average American Citizen breaks at least 3 laws, many of them felonies, a day. All without knowing about it because so many laws and regulations are passed  and not known about in general, by most citizens.  Which isn't surprising really..because most people only pay attention the "Big Scandal of the Day" like this Arizona Immigration law brouhaha was made out to be. 
Once again children I remind you of TANSTAAFL, There Ain't No Such Thing As A Free Lunch.

I now return you to your regular inanity and insanity.                                                                                                                                                                                                           

9 comments:

  1. Wolf....

    The forum you were in is pretty dead. We make comments over here.....

    www.mymotherlode.com

    on the news stories....
    That's where you will find us.

    leaperman

    ReplyDelete
  2. nice posting.. thanks for sharing.

    ReplyDelete
  3. That was a good story wolf...shoulda said that earlier.

    leaperman

    ReplyDelete
  4. I'm going to break a law.
    A Cardinal one.
    my addee is leaperman621"yahoo.com

    The first one I've been a member of for 2yrs. There's only been 2 threads in those entire two years locked out and closed.
    The other forum? I've been a member of for more than 7 yrs and that one has ALSO only locked out 2, nooo..I take that back, 3 threads that I remember of in those 7 years.

    Tell me about em. I want to see those.
    Hell, I want to get out of here sometimes..
    this lil burg.

    I asked you to join to be a commenter..
    you took the first link to mean the other two.
    at mymotherlode.com
    the STORIES
    that's where we are...
    I wanted you to join the community, to give opinion and fact.
    and besides the fact that one is an asshole...the other is golden.
    so come there..and just look at the news..
    and COMMENT
    that's where policy is made here
    at the local level.

    leaperman

    ReplyDelete
  5. Curly Wolf.

    Could you explain to some of these "idiots" what we have just lost?

    http://www.mymotherlode.com/news/local/1683169/Healthcare-Overhaul-Upheld.html

    leaperman621

    ReplyDelete
    Replies
    1. I will but I had to do a separate registration for the web newspaper side of it. Sigh...now I get to frickin wait again.

      Delete
  6. Wolf
    You really should comment on this.
    Please give us your input.

    http://www.mymotherlode.com/news/local/news_forum.php?ID=1683169#Read

    leaperman

    ReplyDelete
  7. AZ needs to stop & check as the law says they can, but then process & take all illegals to the nearest ICE office. Let ICE either pay to send them back to their own country or release them back into society. And if the illegals break the law or kill someone then ICE has a BIG problem. AZ needs to pass a law stating anyone here illegally is considered a terrorist and will be prosecuted as such. Breaking the law to come here is wrong to begin with and from there it only gets worse.
    ******************************************************
    click this site for layers.

    ReplyDelete

Feel free to drop a line but try and keep it civil if it breaks into a heated discussion.