Arizona Immigration Law, Is this true?

[JimVaPhuong 4,863]

Which is probably already an arrestable offense.....so whats the point then?

What is an "arrestable offense", and what does that have to do with that clause in the law? If you've committed an arrestable offense, then the police can arrest you. That has ALWAYS been the case. What is new in this law is that they can arrest you if they believe you've committed a crime that would make you removable under the INA. All crimes which could result in an alien being removed from the US have always been "arrestable offenses". The ones that were not being enforced by local police officers were things like immigration violations. Other crimes that would make you removable are ALSO crimes under state laws.

[Ban Hammer 13,262]

Which is probably already an arrestable offense.....so whats the point then?

speeding isn't an arrestable offense unless one is over a certain amount of the maximum speed limit (which varies from state to state).

i.e. driving 82 in a 70 mph zone will probably get you a ticket, driving 102 in a 70 mph zone will probably get you a trip to jail, do not pass go.

[one...two...tree 2,762]

What is an "arrestable offense", and what does that have to do with that clause in the law? If you've committed an arrestable offense, then the police can arrest you. That has ALWAYS been the case. What is new in this law is that they can arrest you if they believe you've committed a crime that would make you removable under the INA. All crimes which could result in an alien being removed from the US have always been "arrestable offenses". The ones that were not being enforced by local police officers were things like immigration violations. Other crimes that would make you removable are ALSO crimes under state laws.

The warrantless part though is unprecedented. Even if the police suspect me of committing a capital crime, they must obtain a warrant before entering my home. This will not survive being challenged in court on constitutional grounds.

[Usui Takumi 1,562]

What is an "arrestable offense", and what does that have to do with that clause in the law? If you've committed an arrestable offense, then the police can arrest you. That has ALWAYS been the case. What is new in this law is that they can arrest you if they believe you've committed a crime that would make you removable under the INA. All crimes which could result in an alien being removed from the US have always been "arrestable offenses". The ones that were not being enforced by local police officers were things like immigration violations. Other crimes that would make you removable are ALSO crimes under state laws.

I was only using that term because if the offense is already cause for arrest then having a law that allows for arrest due to status is meaningless. We are past that now.

speeding isn't an arrestable offense unless one is over a certain amount of the maximum speed limit (which varies from state to state).

i.e. driving 82 in a 70 mph zone will probably get you a ticket, driving 102 in a 70 mph zone will probably get you a trip to jail, do not pass go.

I wasn't inferring it was. I was referencing it specifically because it typically isn't an arrestable offense.

[K and L 27]

Two separate things. This law allows arrest for simply not being able to prove your not illegal. Sure, I agree that if someone commits a crime and is arrested they should have their status checked in Jail and if they are illegal hand them to the Feds immediately. Heck where I live they actually do that! ICE enters the jail and checks everyone.

"E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON

38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED

39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES."

So if your pulled over for speeding I would assume that is a public offense.

The way it is written, they are not referring to any public offense, but specifically those offenses that can cause you to be deported (which typically are serious crimes - felonies), not something trivial like a speeding ticket or driving with a broken light. Being pulled over for speeding shouldn't give the cops any reason to think you've committed a felony, unless they see the proverbial bloody knife in your car.

[JimVaPhuong 4,863]

The warrantless part though is unprecedented. Even if the police suspect me of committing a capital crime, they must obtain a warrant before entering my home. This will not survive being challenged in court on constitutional grounds.

Um, this law doesn't give them the right to enter your home without a warrant, even if they suspect you of committing a crime. When the law says they can arrest you without a warrant, they are referring to an arrest warrant - not a search warrant.

[Sofiyya 1,687]

So then in Arizona the 4th and 5th amendments do not apply to US citizens. (at this time)

There are places in Arizona where the 4th and 5th amendments have never applied to US citizens. They're called reservations.

[Sofiyya 1,687]

Carry your greencard with you. If you arent illegal, you have nothing to hide..YAY Arizona!

Carry your greencard with you. If you arent illegal, you have nothing to hide..YAY Arizona!

[Sofiyya 1,687]

The primary duty of the federal government is to protect the interests and sovereignty of the nation. Our Feds refuse to do that, And have taken steps to mitigate the authority of law enforcement officials who were doing it, so the states have no recourse other than to protect their own borders and sovereignty. I applaud them and hope more take the same tack. The desire of the Dimocrats to appease illegals and their lovers in their quest to gain more liberal voters is not worth the loss of our ability to curb growing criminality.

[justashooter 430]

i've got something just as good as the above - a kansas cch - available only to usc's.

ten bux says an LPR can get one too. in pennsylvania they can, as my wife's evidences. don't make me get out the statutes...

[Ban Hammer 13,262]

ten bux says an LPR can get one too. in pennsylvania they can, as my wife's evidences. don't make me get out the statutes...

maybe in another state, but kansas only issues them to usc's - which is why i made that statement.

[justashooter 430]

The warrantless part though is unprecedented. Even if the police suspect me of committing a capital crime, they must obtain a warrant before entering my home. This will not survive being challenged in court on constitutional grounds.

dumbass doesn't know much about law, and can't read the new statute, either.

a cop can enter your home (or anybody elses) without warrant if he has reasonable suspicion to believe you are in it and has direct knowledge or reasonable suspicion that you have committed a crime. that's the way it is, and has always been.

this law is about empowering police to arrest illegals on reasonable suspicion and thereby to create an opportunity to link them to past serious criminal history. too many illegals wandering the streets in AZ have serious criminal history and refusal to appear for ajudication of such criminal arrests. they are deportable already, and just need to be rounded up.

simply being present on public or private property in AZ is now trespassing, which is cause for an arrest. if such arrest and fingerprinting turns up evidence of connection to crimes which would result in deportatable status, then so be it.

[Brother Hesekiel 2,235]

People,

I read the new law and, should it become implemented in Arizona (ONLY!) and not be challenged in court, it will not have much impact at all.

First of all, LPRs are required to carry their GC with them at all times, already. I don't do it, ever, but if I happen to drive through Arizona in the future, I probably would. No big deal.

USCs don't have to do anything. If you drive a car you have to carry your DL anyway. If you happen to look like an illegal immigrant, you still just show your DL. If the cop then ask you about your "immigration status" you respond that you are a USC. That's the end of it. No need to carry your passport with you. One computer inquiry based on your DL tells the cop everything he needs to know.

Now, be real here. What the law is really aimed for is people who have NO, as in NONE, identification. No State ID card, no Driver License, nothing. Most likely such people are illegal immigrants. Until now a cop had NO RIGHT to ask such a guy about his immigration status unless he was a suspect of a crime. If you robbed a 7-11 or raped a little girl, you have other problems than being detained anyway. At the time you're sitting downtown at the police station, they check your immigration status.

That applies whether or not you are a USC, LPR, or illegal.

Now, worst case scenario: you are a USC and "forgot" to take your wallet with you. You look like a possible illegal immigrant and your English sucks. Basically everything goes wrong that day. You run a Stop sign and get pulled over. Again, all you have to state that you forgot your license and registration and proof of insurance and that you are a USC. The cop will determine if you tell the truth or not very quickly.

Keep in mind, stating to be a USC when you're not is the kiss of breath for any immigrant, so that is something a LPR or illegal immigrant should never do.

[SuperDuper! 230]

So then in Arizona the 4th and 5th amendments do not apply to US citizens. (at this time)

You need to schedule a meeting with Sheriff Joe, and set him straight.

[Ali G. 37]

So effectively if I'm walking down the street an officer can demand my papers on the spot?

NO, they have to have probably cause.