Thursday, July 29, 2010

An update on Arizona…

Yesterday a federal judge put the brakes on the meat of Arizona’s new immigration law.

Specifically, the federal judge issued an injunction that blocks the provision that requires police to "make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested" if the officer determines that she/he has reasonable suspicion that the person is in the United States illegally.

CNN’s Jeffrey Toobin points out that the federal judge’s ruling was based on the likelihood of the federal government to win their argument that the provision violates federal sovereignty and control of immigration laws.  He also believes that this case will ultimately end up in front of the Supreme Court.

Pause...sip coffee…continue.

It’s important to understand that this ruling did not speak to whether the provision would violate a person’s civil rights.  The judge did point out that the law could lead to the detention of citizens who are in the country legally...but she blocked the provision ‘cause it violates federal law.

My take?

I don’t want to live in a country where each state has it’s own immigration law.  We already have a nation where a person’s reproductive freedom varies state to state and that’s a damn shame...that a woman in one state has reproductive rights that a woman in another state doesn’t is fucked up from the floor up and un-American as hell.  So, I’m glad the federal judge blocked that provision and sent a message that the federal government makes immigration policy and enforces that policy for the nation. 

By the gods, I hope support for uniformity becomes a fucking judicial trend.

But that leaves us with a federal government that still needs to revise our immigration policy…and a bunch of polls that seem to say that Americans support the spirit of the now blocked profiling provision from Arizona. 

So we still face the real possibility that the same forces that were at play in Arizona will take their "cause" to the Hill and add that kind of provision to a reform of federal immigration law…and then opponents would challenge it…and our best bet would be for the Supreme Court to take up the case.

Blink.

The struggle continues…

4 comments:

libhom said...

I would hope that the civil rights and liberties issues would be addressed by the courts too.

Shark-fu said...

I dunno...with it's current make-up, this is the last Supreme Court I want to see rule on civil rights. I fear their rulings would push back decades.

Montana said...

“House Bill 2013” and “SB1070”

0 = Arizona
2 = USA/ Our Constitution/ We the People of the United States

This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.

In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;

1. S.B. 1070,
2. House Bill 2013
3. No permit conceal weapons law,
4. The famous Birthers law,
5. Banning Ethnic studies law,
6. Banning human-animal hybrid (aren’t most GOPers crossed with the Reptilian race?)
or are they just giving Laurence Gonzales, some great promotion material for his new book “Lucy”.

7. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
8. On deck to pass, no citizenship to babies born to undocumented workers,

9. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
10. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.

Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.

Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!

As they say in the World Cup: Gooooooooal!

Ashleas said...

It's a tough call.

On one hand, I do not believe illegal immigrants should be in this country and should be found and deported. I do not believe illegal immigrants should hold jobs in this country, have access to our care, and to other rights we enjoy as American Citizens.

On the other hand, I believe legal immigrants, people visiting this country legally on visas and working in this country are entitled to all the rights and privileges allowed, including their privacy.

I love that people want to come to this country, and I am open to them coming here. However, do it legally.
But I'll be the first to admit our immigration system needs an overhaul of massive proportions to make it more friendly, less expensive, and to give people the greatest chance of success.

It's a tough call to make.