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kpete Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:00 PM
Original message
Justice says judge ruled correctly in Arizona case
Source: Associated Press

WEDNESDAY Jul 28, 2010 14:20 ET
Justice says judge ruled correctly in Arizona case
By Associated Press

The Justice Department said Wednesday that a judge ruled correctly in blocking the most controversial parts of Arizona's immigration law.

"States can and do play a role in cooperating with the federal government in its enforcement of the immigration laws, but they must do so within our constitutional framework," department spokeswoman Hannah August said in a statement.

She added that "while we understand the frustration of Arizonans with the broken immigration system, a patchwork of state and local policies would seriously disrupt federal immigration enforcement and would ultimately be counterproductive."

Read more: http://www.salon.com/wires/politics/07/28/D9H879BG0_us_arizona_immigration_justice/index.html
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HockeyMom Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:04 PM
Response to Original message
1. Why their Anchor Baby Law would immediately be struck down
States cannot usurp the powers of the Federal Government and the Constitution.
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:10 PM
Response to Original message
2. memo to state officials ..... you can not write laws that are unconstitutional
Edited on Wed Jul-28-10 03:11 PM by Botany
Article 6 section 2

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under
the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary notwithstanding.

Amendment 14

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they
reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


Idiots!

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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Wed Jul-28-10 03:15 PM
Response to Reply #2
4. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Tempest Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:20 PM
Response to Reply #4
6. So only illegals are going to be asked for their papers?

The 14th Amendment does apply.


And the moderator has been alerted to your personal attack on the poster you responded to.
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:23 PM
Response to Reply #6
9. thanx
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:20 PM
Response to Reply #4
7. Yes it does apply
This is an example of a State making a law that can negate the rights of American citizens that are Constitutionally protected.
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AwareOne Donating Member (319 posts) Send PM | Profile | Ignore Wed Jul-28-10 03:54 PM
Response to Reply #7
12. You did it again, you used the word citizen
to make your point, problem is, they are not citizens.
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Botany Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 07:36 PM
Response to Reply #12
20. Just because someone is brown does not mean he or she is not a citizen.
BTW I am not a lawyer but i can read the law.
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Dogtown Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:26 PM
Response to Reply #4
10. "nor deny to *any person* within its jurisdiction the equal protection of the laws."
Play nice.
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Unvanguard Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:59 PM
Response to Reply #4
14. Read the Fourteenth Amendment. It protects all "persons."
Not just the ones you happen to like.
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classysassy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 06:25 PM
Response to Reply #2
18.  Sheriff Joe and his posse
will still ride and arrest citizens of Mexican decent,when they do I sure hope the feds jail his racist ass.
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classysassy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 06:29 PM
Response to Reply #18
19.  Book him Dano
issue him a pair of pink underwear and send him to tent city.Ummmmm justice not revenge is grand.
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AwareOne Donating Member (319 posts) Send PM | Profile | Ignore Wed Jul-28-10 03:11 PM
Response to Original message
3. Another defeat for the American worker, so sad
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Tempest Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:18 PM
Response to Reply #3
5. Another win for the Constitution, so good

If AZ was serious about protecting workers, they would be arresting employers who hire illegals.

AZ has laws on the books that criminalize hiring illegals but have not enforced it ONCE.

http://www.judicialwatch.org/blog/2009/oct/arizonas-tough-employer-sanction-law-not-enforced

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jmm Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:23 PM
Response to Reply #3
8. Another defeat for racial profiling, not so sad. (n/t)
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JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:27 PM
Response to Reply #3
11. LOL
Edited on Wed Jul-28-10 03:28 PM by JonLP24
Russell Pearce doesn't care about the American worker. Ever since he has been in office is to write racially motivated legislation and expand gun rights. He doesn't care about anything else.

The reason why the ruling is correct because that state law doesn't address humanitarian concerns among other things. Refugees and victims of national disasters which the Federal policies address those. Will regular cops know someone that is waiting on application that the government knows about no? Also you have to figure let's say New Mexico or whatever wants to let everyone through. They can't because there has to be a uniform way of dealing with immigration which is national issue. Same reason why the US is the one that declares war instead of states. Montana can't decide on their own to declare war with Canada.
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pampango Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:12 PM
Response to Reply #11
15. Exactly. "Portray Anti-Immigrant Stance as 'Pro-Worker' (While Voting Against Worker Interests)"
(P)reviewing the Right-Wing Playbook on Immigration Reform; Strategy #8

http://www.pfaw.org/rww-in-focus/previewing-the-right-wing-playbook-immigration-reform#strategy8

"It is clear that the party's "tea party" wing will be happy to politicize immigration reform and try to pit American workers against immigrants. Consider Rep. Joe Wilson's folk-hero status on the Right after he shouted "you lie" when President Obama said in a congressional address that the health care reform legislation would not make benefits available to unauthorized immigrants.

Rep. Lamar Smith of Texas, who has http://www.wnd.com/index.php?fa=PAGE.view&pageId=118347">written that the Bible supports border-focused immigration policy, exemplifies Republican readiness to use both jobs and health care to stir anti-reform sentiment. Here's Rep. Smith in the Washington Times on November 20, 2009:

"If it was not bad enough that illegal immigrants take jobs that rightfully belong to citizens and legal immigrants, now they will get health care benefits that should go to Americans," said Rep. Lamar Smith of Texas, the top Republican on the House Judiciary Committee. "If they were not in the country, we wouldn't have to worry about emergency room or health insurance costs at all. And Americans would have these jobs."

Response to 'Anti-Immigrant = Pro-Worker' Argument

Two recent reports confirm that immigration benefits the American economy, and that immigration reform would boost the nation's economic prospects. http://www.immigrationpolicy.org/sites/default/files/docs/Hinojosa%20-%20Raising%20the%20Floor%20for%20American%20Workers%20010710.pdf">"Raising the Floor for American Workers: The Economic Benefits of Comprehensive Immigration Reform," written by UCLA's Dr. Raul Hinojosa-Ojeda and published by the Center for American Progress and the Immigration Policy Center, says comprehensive immigration reform that includes a legalization program for unauthorized immigrants and enables a future flow of legal workers would greatly benefit the American economy - to the tune of $1.5 trillion in added U.S. gross domestic product over 10 years. The report found that a deportation-only policy would result in a loss of $2.6 trillion in GDP over 10 years.

Of the 87 House members who got an "A" from anti-immigration group FAIR:

* 68% voted against increasing the minimum wage
* 83% voted against extending unemployment compensation
* 93% voting against equal pay for women
* 94% voted against the Employee Free Choice Act
* 93% earned an F from the AFL-CIO
* 95% earned an F from SEIU
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treestar Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 03:56 PM
Response to Reply #3
13. This has little to do with that
Enforcement of the laws we have would mean something but that doesn't give states the power to enforce it.
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Kali Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 06:15 PM
Response to Reply #3
17. bwahahahahhaha
Arizona, the workers paradise. Right.

as in "right to work" - look it up

yes those racist assholes up in Phx are just concerned about workers hahahhahahaha thanks for the laugh!
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jody Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jul-28-10 04:44 PM
Response to Original message
16. Decision link below and sections blocked
Decision at http://www.cbsnews.com/htdocs/pdf/AZ_DECISION.pdf
Applying the proper legal standards based upon well-established precedent, the Court
finds that the United States is likely to succeed on the merits in showing that the following Sections of S.B. 1070 are preempted by federal law:

Portion of Section 2 of S.B. 1070
A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person

Section 3 of S.B. 1070
A.R.S. § 13-1509: creating a crime for the failure to apply for or carry alien registration papers

Portion of Section 5 of S.B. 1070
A.R.S. § 13-2928(C): creating a crime for an unauthorized alien to solicit, apply for, or perform work

Section 6 of S.B. 1070
A.R.S. § 13-3883(A)(5): authorizing the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person removable from the United States

The Court also finds that the United States is likely to suffer irreparable harm if the Court does not preliminarily enjoin enforcement of these Sections of S.B. 1070 and that the balance of equities tips in the United States’ favor considering the public interest. The Court therefore issues a preliminary injunction enjoining the enforcement of the portion of Section 2 creating A.R.S. § 11-1051(B), Section 3 creating A.R.S. § 13-1509, the portion of Section 5 creating A.R.S. § 13-2928(C), and Section 6 creating A.R.S. § 13-3883(A)(5).


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