makes you wonder if local law enforcement agencies are aware of this...................
----- and Nationality Act, Section 8 USC 1324(a)(1)(A)(iv)(b)(iii): Not just AZ Law
Subject: Not just AZ Law
For those considering that the new Arizona law will be overturned in the courts because the federal government assumes jurisdiction over immigration:
Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)
State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens.
The people’s case rests...
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6 comments:
Actually I was thinking it would be overturned because its unconstitutional and tramples the rights of American citizens.
This act is both unconstitutional and racist bullshit. It's also encouraging the racist uneducated to get their panties in an uproar!
I see your local statute and raise you a 4th and 5th amendment.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
Others are right to point out that this isn't the big problem with the Arizona law.
Still, as an academic exercise, I thought I'd check on the law they cite, and I can't find it.
There are two Immigration and Nationality Acts, from 1952 and 1965. Neither contain the cited passage.
I suppose there could have been some more recent amendment, but I can't find any source for the passage they quote.
Well, golly gee; what a surprise.
http://blogs.phoenixnewtimes.com/bastard/2009/10/joe_arpaio_cites_non-existent.php
Even if it were real, wtf? Accents? Living in a poor neighborhood? Even when he's making sh*t up he still can't think of any way to target illegal immigrants that isn't a racist way of profiling legal immigrants.
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