Arizona governor signs immigration bill

[DaemonSeid]

Phoenix, Arizona (CNN) -- Arizona Gov. Jan Brewer signed a bill Friday that requires police in her state to determine whether a person is in the United States legally, which critics say will foster racial profiling but supporters say will crack down on illegal immigration.

The bill requires immigrants to carry their alien registration documents at all times and requires police to question people if there is reason to suspect that they're in the United States illegally. It also targets those who hire illegal immigrant day laborers or knowingly transport them.

The Republican governor also issued an executive order that requires additional training for local officers on how to implement the law without engaging in racial profiling or discrimination.

"This training will include what does and does not constitute reasonable suspicion that a person is not legally present in the United States," Brewer said after signing the bill.

"Racial profiling is illegal. It is illegal in America, and it's certainly illegal in Arizona," Brewer said.

The rules, to be established in by the Arizona Peace Officers Standards and Training Board, are due back to her in May. The law goes into effect 90 days after the close of the legislative session, which has not been determined.

Previously, officers could check someone's immigration status only if that person was suspected in another crime.

Brewer's executive order was in response to critics who argue that the new law will lead to racial profiling, saying that most police officers don't have enough training to look past race while investigating a person's legal status.

"As committed as I am to protecting our state from crime associated with illegal immigration, I am equally committed to holding law enforcement accountable should this stature ever be misused to violate an individual's rights," Brewer said.

She added that the law would probably be challenged in courts and that there are those outside Arizona who have an interest in seeing the state fail with the new measure.

"We cannot give them that chance. We must use this new tool wisely and fight for our safety with the honor Arizona deserves."

The bill is considered to be among the toughest immigration measures in the nation. Supporters say the measure is needed to fill a void left by the federal government's failure to enforce its immigration laws.


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GC Legal eagles...will this stand up in the Supreme Court?

[Kevin]

I guess these guys haven't heard of the supremacy clause.

[AOII Angel]

I haven't so tell me about it, Kevin.

I am amazed about this law. As much as they might think illegal immigrants are a problem, do they really think it's okay to go up to anyone who "looks" like an illegal and require them to prove their not? I just foresee a lot of discrimination against American citizens who happen to be of latin descent. I think immigration is an important issue, but you can't impact a group of law-abiding American citizens unfairly to attack the problem.

[DaemonSeid]

Originally Posted by AOII Angel

I haven't so tell me about it, Kevin.

I am amazed about this law. As much as they might think illegal immigrants are a problem, do they really think it's okay to go up to anyone who "looks" like an illegal and require them to prove their not? I just foresee a lot of discrimination against American citizens who happen to be of latin descent. I think immigration is an important issue, but you can't impact a group of law-abiding American citizens unfairly to attack the problem.

Just don't be caught DWH ...hehehe

[DrPhil]

This is why discrimination is based on outcome and not intent. The intent of this new law is more along the lines of buffering some of the effects of illegal immigration that has hit some states harder than others.

The outcome will definitely be racial and ethnic profiling and an uneasiness when anyone who looks like "one of them" is seen.

Meanwhile, Black folks are like "how you like dem apples," just like Blacks asked East Indians after Sept. 11.

Meanwhile2, this is when being a Black Hispanic and a white Hispanic really kicks ass because your ethnic identity is overshadowed by your racial identity.

[starang21]

Originally Posted by Kevin

I guess these guys haven't heard of the supremacy clause.

considering that this law was written by lawyers, i'm willing to bet they have.

[Kevin]

Originally Posted by starang21

considering that this law was written by lawyers, i'm willing to bet they have.

If you've been following the antics of a certain Harvard grad District Attorney in Maricopa County, you'd believe as I do, that though they have heard about things like the Supremacy Clause, they don't think those things apply to them.

We had a similar law in Oklahoma, although admittedly weaker than Arizona's law. It was struck down by the 10th Circuit on preemption grounds holding that federal law both expressly and impliedly preempted the Oklahoma laws.

State laws are expressly preempted by federal law when either Congress has already enacted a statutory scheme intended to occupy the field or when it becomes a physical impossibility to comply with both the federal and state laws. When it comes to immigration, there is a statutory scheme on the books and at least one federal agency whose sole purpose is to fight illegal immigration. If there's no argument for an intent to occupy the field here, I don't think there's one anywhere.

Further, a law can be impliedly preempted. One way for that to happen is if the new law stands as an obstacle to the accomplishment and execution of the full objectives of Congress.

Congress has chosen, through inaction mostly, to have a semi-porous border with our Southern neighbor. It is federal policy to encourage immigration. The Arizona law would seem to interfere with the objectives of Congress, giving state officials unfettered power to over-enforce Congress' statutory scheme, bringing about an end result which few would claim was what Congress had in mind when enacting the current statutory scheme.

For the above reasons, just about all of Oklahoma's laws, which at the time (Google Oklahoma and HB1804 from 2007) were the strongest in the country were held unconstitutional on preemption grounds. The only part which was allowed to stand was a voluntary ID-check thingamajig for employers where employers were given some sort of incentive to check the immigration status of new employees through a federal database called EVerify.

I don't actually know anyone who uses that system though.

[AZTheta]

This.Makes.Me.Crazy.

I live 60 miles from the border. Hundreds of people die, every year, crossing the desert, year around. The Sonoran Desert is a brutal, unforgiving terrain.

The passage of this horrific law is not going to accomplish anything positive. It's certainly not going to stem the flow of border crossers. It's posturing, in my opinion, and it panders to a minority who, sadly, seem to control much of what happens in this state. I am ashamed of our Governor and Legislature. I am grateful that this is an election year and that we will (I hope) have someone else in Jan Brewer's office come next January.

[AOII Angel]

Originally Posted by AzTheta

This.Makes.Me.Crazy.

I live 60 miles from the border. Hundreds of people die, every year, crossing the desert, year around. The Sonoran Desert is a brutal, unforgiving terrain.

The passage of this horrific law is not going to accomplish anything positive. It's certainly not going to stem the flow of border crossers. It's posturing, in my opinion, and it panders to a minority who, sadly, seem to control much of what happens in this state. I am ashamed of our Governor and Legislature. I am grateful that this is an election year and that we will (I hope) have someone else in Jan Brewer's office come next January.

I'll be there to help

[AZ-AlphaXi]

Originally Posted by AOII Angel

I'll be there to help

yeah !! you're coming to Arizona !! .. now we just have to have a
mini-gc meet ... maybe ASUADPi as well as AZTheta, you, and me

[ms_gwyn]

Hey if you guys are in Tempe/Mesa area in Sept....I would love to gather for a lunch or something....ASUADPi and I did that a few years ago

[AOII Angel]

Originally Posted by ms_gwyn

Hey if you guys are in Tempe/Mesa area in Sept....I would love to gather for a lunch or something....ASUADPi and I did that a few years ago

I'll be there, ms_gwyn! My new job is in Mesa, and I'll be moving to central Phoenix.

[AOII Angel]

Originally Posted by AZ-AlphaXi

yeah !! you're coming to Arizona !! .. now we just have to have a
mini-gc meet ... maybe ASUADPi as well as AZTheta, you, and me

I am! Mini-GC convention Arizona 2010. What should the theme be?

[cheerfulgreek]

This thread should be titled "Arizona governor signs racial profiling bill".

[ree-Xi]

"Papers, please"....remind you of a certain period in history?? I am appalled!!!!