Showing posts with label Supreme Court ruling SB-1070. Show all posts
Showing posts with label Supreme Court ruling SB-1070. Show all posts

Wednesday, June 27, 2012

U.S. Supreme Court rules on Arizona immigration law SB-1070…It’s a tie

Well, not exactly.  Although Arizona’s bungling Gov. Jan Brewer claimed victory, here’s what that win will entail.  Yes, Arizona can now require the police to determine if a person is a legal resident, if the individual is being stopped for some other violation of the law.  The cops will have to be very careful about this since the feds will be watching closely for racial profiling.  In all likelihood, if the person has no criminal record, ICE will not accept them for deportation.

And now, following the Supreme Court ruling, the feds rescinded Arizona’s 287G privileges, meaning, law enforcement cannot use the data system to verify illegal immigration, to confirm the status of people that have been stopped.  Broiling Brewer claims that she has checked and found that Arizona is the only state denied this data check. 

The reason the feds give, according to ColorLines, “…the program was not useful in states that have adopted immigration enforcement laws like SB1070.”  The feds will do the same in other states where SB-1070 type laws are in effect.

Blundering Brewer wags her finger again
So let’s look at this fiasco from a practical standpoint.  The state of Arizona has spent millions of dollars—supposedly donated money—and this comatose governor says she and the state are victorious when most of the illegal immigrants  they turn over to ICE will be released and in the process the state will most likely end up with several cases of racial profiling filed by the feds.  In other words, it is business like it was before this whole botched situation started.

It’s Arizona at its best, and the nation has once again had the opportunity to look at the state with disdain with the ridicule soon to begin.  I don’t know about you other progressives out there, but I have had enough and I hope, if we aren’t all banded together by now, the push will start soon to bring out the vote in November and get rid of as many of these conservative radicals as we can.

You can see a list of progressive websites here, and I recommend that you regularly follow Arizona Progress Action for the latest on what is happening on the left.  These posts are directed primarily at Arizona’s problems with an out of touch government and are specifically for the progressive reader.  You can also get involved through the Obama/Biden website for Arizona here.  I urge you to study all these sites for the best way you can participate for the Nov. election.

And I will leave you with these statistics re. popularity ratings in the great state of Arizona.  Public Policy Polling did a recent study to determine just who was the “supremist” in the state between Obama and Brewer.  President Obama came out on top with a 45 percent favorable, compared to the state’s own governor Jan Brewer with 43 percent favorable.  Agreed, it was before the SB-1070 decision but, come on, even two points at that time are an indication Arizona is in trouble.

Thursday, May 3, 2012

The real downside of the Supreme Court and Arizona’s anti-immigration law

Are we sure why many of us disagree with Arizona’s case on illegal immigration in the Supreme Court?  After 40 years that brought 12 million Mexican immigrants into the U.S., more than half illegally, many have decided to shut their own door to the border and stay in Mexico.  A report by the Pew Hispanic Center says more illegals returned South of the Border in 2010 and 2011 than entered the U.S.  But Ariz. Gov. Jan Brewer and Russell Pearce want them all out.

Russell Pearce with Jan Brewer

Russell Pearce is the author of Arizona’s anti-immigration law, SB-1070 and the former state Senator who was removed from office because of his radical views on immigration.  Yet he, along with Brewer, was in Washington last week pushing the Supremes.  It might have done some good, along with the fact that many of the Justices, including the liberal ones, don’t completely agree with the feds’ case.  It’s the old “States Rights” issue raising its head again.

The case is not a test of the legality of racial profiling in Arizona but rather a challenge to the federal government which says SB-1070 is unconstitutional because it preempts federal law.  In a Salon article there is a list of the four provisions for preemptive concern as outlined by Lyle Denniston of the SCOTUS blog.  They are:

  1. individual’s legal right to be in the U.S., if the officer has a “reasonable suspicion” of illegality.  If arrested, the individual cannot be released until his legal status is verified by the federal government.  That is the law’s Section 2(B).

  1. A provision making it a crime under state law for an individual to intentionally fail to obtain and carry legal immigrant papers with him while in Arizona (Section 3). 

  1. A provision making it a misdemeanor for an undocumented immigrant to apply for a job, publicly solicit a job, or actually work in AZ (Section 5[C]). 

  1. And, a provision that allows police to arrest without a warrant any person for whom the officer has “probable cause to believe” that the individual has committed any crime, anywhere, that would make that individual subject to being deported (Section 6). 

Hispanic Supreme Court Justice
Sonia Sotomayor

An editorial in the Phoenix Arizona Republic said, “This case is not about civil rights. It's about state vs. federal power. Chief Justice John Roberts made that clear as arguments began. Civil-rights questions are the subject of other lawsuits. ‘So this is not a case about ethnic profiling,’ Roberts said.”  That was followed by the following from the paper:

“Yet those are the deeply troubling aspects of SB 1070. The law put a shadow of suspicion over all Latinos, created painful divisions in our state and gave Arizona an ugly reputation.”

The implication is that many of us progressives disagree with the law, as well as those copy-cats in other states, due to their violation of civil rights.  It is a known fact that law enforcement in Arizona was stopping individuals simply based on the color of their skin, for minor violations, arresting many, some legal residents.  The feds have initiated a program of rounding up illegals but they are only interested in the ones with criminal records, turning minor offenders loose.

Fareed Zacaria of CNN wonders if Mexicans are “giving up on U.S?  He cites the delicate economy here and how NAFTA has made Mexico more competitive.  Some of their exports are even cheaper than China’s.  Zacaria thinks we are losing our “allure.”  He refers to our demographic advantage that is shrinking due to an older median age, which produces less needed young workers.  That had been satisfied to some degree by legal and illegal immigrants entering the U.S.

Illegals are scared to death in states with stringent immigration laws, afraid to leave home without the proper papers.  The issue has also caused a drop in citizens from Latino communities reporting crime, a reaction which has become a major problem for law enforcement.  But, again, this case is not about civil rights.  But it is for those who believe in human rights, so the question is what to do.  The Democrats plan to force a vote in Congress to invalidate Arizona’s SB-1070.

Democratic Sen. Chuck Schumer of New York has announced his intention of bringing up his “fallback legislation” in the Senate if SCOTUS upholds the law  which probably has little chance of passing there or in the GOP House.  But it would certainly make points with the Hispanic community and act as the prelude to what the Dems might accomplish in November with Obama winning re-election and an increase in numbers in both the House and Senate.

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