Immigration law could hurt Arizona's tech industry, keep top foreign students from schools there

[Gary and Alla 3,694]

More stupidity.

"Top Students" are here legally and can prove it. Non issue. Arizona's law is a non issue. How can a non issue cause problems or fix anything. It is smoke and mirrors...a dog and pony show.

If anyone wants to fix illegal exploitation of humans they know how. They don't want to fix it.

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

So how do you know this is what is going to happen?

Why wouldn't it happen? SB1070 states that local law enforcement can be sued by ordinary citizens for failing to detain someone they suspect is not here legally and if someone has an expired Conditional Green Card, to the officer requesting proof of legal status, they have now just entered into the legal murky waters of immigration. How will local law enforcement know the difference between someone who is out of status vs. overstay? The answer is they won't know, not without having access to the resources and expertise of the USCIS, which means that they are now obligated under law to detain anyone they question regarding their legal status until their status is cleared by immigration. There is no bail available under this law so technically, someone can be held indefinitely. However, other statutes limit how long someone can be jailed without being charged a crime, so if immigration cannot clear the person within that time limit, local law enforcement may have to release them or face a potential lawsuit (violation of civil rights). This is the same problem that we currently have with ICE, where they routinely catch and release because they currently don't have the resources to handle every suspect who doesn't have documentation of legal status in a timely manner.

[Pooky 3,795]

Why wouldn't it happen? SB1070 states that local law enforcement can be sued by ordinary citizens for failing to detain someone they suspect is not here legally and if someone has an expired Conditional Green Card, to the officer requesting proof of legal status, they have now just entered into the legal murky waters of immigration. How will local law enforcement know the difference between someone who is out of status vs. overstay? The answer is they won't know, not without having access to the resources and expertise of the USCIS, which means that they are now obligated under law to detain anyone they question regarding their legal status until their status is cleared by immigration. There is no bail available under this law so technically, someone can be held indefinitely. However, other statutes limit how long someone can be jailed without being charged a crime, so if immigration cannot clear the person within that time limit, local law enforcement may have to release them or face a potential lawsuit (violation of civil rights). This is the same problem that we currently have with ICE, where they routinely catch and release because they currently don't have the resources to handle every suspect who doesn't have documentation of legal status in a timely manner.

So, if the USCIS is preparing a plan to spend $1bn to legalise 13 million illegals in a period of a little over 6 months, it's not a question of resources. It's a question of political will.

And as up to 70% of the electorate (depending on which poll you read) believe we need to deal with the illegal immigrant situation by enforcement, and not reform, it's high time the politicians and the Federal authorities started listening to the people they work for, i.e. US, and start enforcing Federal law.

Edited May 17, 2010 by Pooky

[Darnell 8,478]

Well, the calendar is moving along, the 'effective date' of the new AZ law is coming up soonish.

Still waiting on data after the first month !!

[GabiandVi 34]

Any police officer who detains anyone for "going to a restaurant" would be breaking a myriad of laws, including the "Arizona immigration law."

Now, if the student is driving to a restaurant and runs a red light and is pulled over by the police who asks for his/her proof of legal residency, if the student cannot provide it, he or she can be detained. If I am driving to a restaurant and am pulled over because I'm not wearing my seatbelt, and I can't produce a valid driver's license, I can be detained as well, and I'm a USC from birth.

[GabiandVi 34]

In every country I've lived in I've been told to carry my papers with me everywhere. I'll admit I didn't always do so for fear of losing my passport. Luckily, the two times police officers, (not immigration officials)asked me for my passport with my visa in it, I had it with me. One of my colleagues who had lived in the country for about 12 years was detained once and turned over to the "foreign police." I think he drew attention to himself for drunken and disorderly behavior. He was really ticked off and it was a pain in the a$$ for the HR to go down to the station, and I think he and she had to apologize profusely for breaking the law and both he and the school had to pay fines, but he was released after a lot of posturing by the "foreign police."