POLICE CAN ASK FOR IDENTIFICATION WITH “REASONABLE SUSPICION”
by Sharon Rondeau
(Jun. 25, 2012) — In a split decision, the U.S. Supreme Court has upheld a part of the law passed in Arizona in 2010, SB 1070, as constitutional.
Arizona Governor Jan Brewer said that the decision is a “victory for the rule of law” and the Tenth Amendment, which delegates authority to the states and the people if not explicitly delegated to the federal government.
The provision of the law which the Supreme Court upheld was that which allowed law enforcement officials to ask for identification if they suspect that a person is in the state illegally.
The U.S. Department of Justice had challenged Arizona’s immigration law as well as a similar law passed by the state of Alabama and an immigration enforcement law in Utah. Other states which the Justice Department has sued for the same reason are South Carolina, Georgia and Indiana.
Reuters reported that the high court “unanimously upheld the state law’s most controversial aspect” of police asking for identification if they had reason to believe that the person apprehended was in the country illegally.
The justices’ opinions diverged regarding other provisions of the law which stated that illegals’ working in the state would be considered a crime and that immigrants would be required to carry documentation of their status.
“Reasonable suspicion” guidelines were outlined in a training program for law enforcement officers by an executive order signed directly after the legislation.
The opinion, issued by U.S. Supreme Court Associate Justice Anthony Kennedy, said that state law cannot conflict with federal immigration law.
Forbes reported that “The decision in Arizona v. U.S. rejected the parts of the law that gave state and local police powers equivalent to, and in some cases exceeding, those of federal immigration authorities. It left in place only the provision requiring local police to check the immigration status of people arrested for other charges, although the court said that might be in danger of being preempted by federal law if the government can show that “enforcement of the provision in fact conflicts with federal immigration law and its objectives,” which seems to conflict with Reuters’ and other reports.
An article published on June 17, 2012 in The Huffington Post suggested that the part of the law which was upheld today would be upheld but that it was subject to future constitutional challenges, as Kennedy stated in his opinion.
Exactly two months ago, news reports had stated that the Supreme Court had “hinted” that “major parts” of the Arizona law would be upheld.
I wish this had not gone all the way to the supreme court. With Kagan & Sotomayor on the bench, the supreme court is not legitimate. I hope and pray that one day the Obama crimes will be prosecuted and those two justices will be booted out since Obama or whatever his name is, is an ineligible criminal and a fraud. I want to see his sorry ass in prison along with Holder and the rest of his gangster administration.
Why don’t we just open the borders and get it over with. Half of Mexico is here already. I can’t blame any of these people for wanting to come to America as life in Mexico in most areas can be very brief. As long as people come here legally, fine. One problem is the beaurocratic process and many times money hungry imigration attorneys charging $7k to $10k for “paperwork”. I know people that have paid that much and they wanted to become citizens and they were good workers that wanted to pay taxes and be citizens. It’s much easier to slip in under the radar and play the system like Texas where they are rewarded with college tuition, welfare, foodstamps, cell phones, cars, housing, health and child care, etc. while taxpayers pay to the tune of about $60 BILLION per year for illegals that can leave anytime. If you are smart, you will claim the $1,000 per year per child protection act per family and claim maybe 5 or 10 kids even if they live only in Mexico and will never come here you will still be paid for having the children, as recently shown on a government documentary that was showing the program set up by the IRS and it’s legal to “claim”. One family collected $29,000 in one year filling out papers for all relatives even though they lived only in Mexico, you will be paid! You can even go back to Mexico and still fill out the paperwork AND GET PAID in American dollars?! You can buy a lot of Mexican beer for $1,000 bucks home boy. How about $29,000, that’s almost a lifetime load down there, maybe a tractor trailer full, if it’s stolen-maybe more for less with genuine American Dollars! Yipeeeeeee! Free American Tax Dollars baby!! It gets even better if you’re a Muslim! You are now classified as a “displaced minority” which as a Muslim exempts you from ANY zoning laws in the U.S., you get minority business loans, welfare, foodstamps, cell phones, housing, college tuition, auto’s, full health care, etc., all at taxpayers expense!! My benefits as a U.S. Veteran barely exist with an “honorable” discharge. Maybe we should all go to Mexico for a year and come back here as aliens and we wouldn’t have to worry anymore, it’s all paid for baby by the American taxpayers!! FREEEEEEEEEEEEEEEE!!! How about the Hispanic Southern California Computer professor that gives cell phone apps to illegals with evasion paths from border agents, safe houses, food and water stops? Then when you are deported and FLOWN to Mexico City on a 737 with new clothes and food in tummy and $100 bucks American cash, in a week, you can come back again and get on the Merry Go Round again! All at American’s expense. It’s a deal you can’t beat with a stick and best of all, it’s signed, sealed and delivered by American Politicians like Nancy Pelosi who needs low cost workers to work at low cost wages in her many fields and vineyards in good ole’ California. It’s not just that she’s a $68 million Trust Fund Baby but her hubby got Nancy to hold back Congress for a few days so they could make a cool $5 million for pocket change. What’s a little inconvenience? Americans are used to “inconvenience”, it’s now a way of life and try being a “working class” person in most areas, how’s that “job market” workin’ now? Obama said the “middle class are doing well”. When will Obama’s papers be released by Perkins Coie DNC Law firm that has charged the taxpayers $3 million to keep them buried? Do you see Obama and Holder BOTH hiding papers?? Hello!
The law AZ(1070) has been gutted. The only thing the “illegals” can be detained for, is to verify their immigration status. At that point they must be released (ICE can be notified, but they will do nothing unless a felony is involved).
Obama has suspended his administration’s agreement with AZ under (287(g)) wherein the state and federal government cooperate in enforcing federal immigration laws. The Supreme Court has dealt the 10th amendment a heavy blow and they know it and Brewer knows it too. This is bad news any way you look at it.
ELmo
Seldom does reason triumph over slovenly morals, but when it does we’ll be hearing all about “racial profiling”, as if it’s a bad thing, when in the real world it’s a key tool that has served each of us in our daily lives well.
It’s called survival. When you see something that the pieces of the puzzle don’t quite fit as they should, you take a second look, or maybe the hairs on the back of your neck stand up. One doesn’t have to have been in combat to know enough to NEVER BUT NEVER ignore the warning signs of possible impending danger.
It be one thing if the illegal immigrants would pay their own way. A woman rushes across the boarder to have her baby in San Diego, and when she is presented with the $7,000 delivery bill she promptly pays in cash.
The illegal immigrant pays cash for food, utilities, housing, dental, medical, retirement.
The illegal immigrant pays for public schooling, pays the school board in cash at the start of the school year.
The illegal immigrant does not try to vote because only US citizens can vote.
The illegal immigrant does not do drugs or drink any alcohol, what if they caused a traffic accident and injured or, God forbid, killed a US citizen, what then? Would they be asked to maybe deport themselves and welcomed back when they learn to abide by the laws of our nation?
When Pigs Fly.
So, if the ‘suspect’ is found to be in the State ‘illegally’ simply put them on an express bus to the Federal Zone and let the Feds deal with them there.