Stop Guessing: ACTUAL BILL SB 1070

[JimVaPhuong 4,863]

Karl Manheim of Loyola Law School in Los Angeles and Erwin Chemerinsky of UC Irvine Law have stated this law is DOA. It's unconstitutional.

The Arizona law appears to be “facially unconstitutional,” Manheim said. “States have no power to pass immigration laws because it’s an attribute of foreign affairs. Just as states can’t have their own foreign policies or enter into treaties, they can’t have their own immigration laws either.”

States have long attempted to regulate immigration and in some instances the federal government successfully challenged state laws in court, including in the 1800s, Manheim said.

http://blogs.wsj.com...al/tab/article/

This is a ludicrous argument. The state law does not change federal immigration law in any way, nor establish any exclusive state immigration law. It simply empowers police in the state to enforce existing federal laws. In fact, it specifically defers to the federal immigration law for definitions, and to federal authorities in making a determination of somebody's legal status in the US.

BTW, many states DO enter into agreements with foreign countries. Many states have reciprocity agreements with foreign countries for the enforcement of child and/or spousal support.

[Obama 2012 1,714]

Apparently, Albert Gutierrez has not actually read the bill. It doesn't require YOU to prove ANYTHING to the cops. It requires the cops to make a reasonable effort to determine your status with federal authorities. Nowhere in the bill does it say they can detain you indefinitely while they attempt to make this determination. The provisions in the bill regarding detaining and remanding people to federal authorities all refer to people who have already been determined to be in the country illegally.

I'm amazed at the degree to which people are spinning this. I read an article this morning where the commentator said that the bill will require cops to punish victims in a crime if the victim is suspected to be an illegal, and then made the claim that the punishment for the victim was worse than the punishment for the perpetrator. Nowhere did he mention that an illegal alien IS a perpetrator of an immigration crime, and that deportation is NOT a punishment under the federal law.

I know. It's sad really. I don't even think most media outlets/reporters have read the bill from all the articles I have read. It seems to be all 'hear say.' It's utterly pathetic how the spin is on this.

This is actually good law and even targets employers, those who hire day workers, etc.

People just need to stop and READ the bill.

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

Apparently, Albert Gutierrez has not actually read the bill. It doesn't require YOU to prove ANYTHING to the cops. It requires the cops to make a reasonable effort to determine your status with federal authorities. Nowhere in the bill does it say they can detain you indefinitely while they attempt to make this determination. The provisions in the bill regarding detaining and remanding people to federal authorities all refer to people who have already been determined to be in the country illegally.

I'm amazed at the degree to which people are spinning this. I read an article this morning where the commentator said that the bill will require cops to punish victims in a crime if the victim is suspected to be an illegal, and then made the claim that the punishment for the victim was worse than the punishment for the perpetrator. Nowhere did he mention that an illegal alien IS a perpetrator of an immigration crime, and that deportation is NOT a punishment under the federal law.

Reasonable suspicion and reasonable effort are two different things. If a cop reasonably suspects that someone they just pulled over is in this country illegally, he/she can arrest the suspect and detain them until the person's legal status is determined. How do they determine legal status? By contacting federal immigration authorities. If the suspect is arrested under suspicion on a late Friday night and the federal immigration takes until Monday afternoon to clear the suspect, they will be detained for that length of time with no bail.

Now you can imagine what kind of civil rights issues this will cause and all because a police acted on their own individual hunch that the suspect is not here legally. There will be a protocol to determining legal status and state law enforcement does not have that authority so they must wait for federal authorities to act on the matter. You're not going to have the local sheriff come into the jail and tell his deputy to let the suspect out because he knows his mother and the hospital he was born in.