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-   -   Judge rules on Arizona immigration law (http://cellar.org/showthread.php?t=23253)

Lamplighter 07-28-2010 11:50 PM

Judge rules on Arizona immigration law
 
Below are excerpts of an article in the Christian Science Monitor

"US District Judge Susan Bolton issued a temporary injunction that halted key parts of SB 1070, the Arizona immigration law, that would have required police to check the immigration status of anyone they suspected of being an illegal resident."

"Also blocked by the judge was a section of the law that made it a state crime for any foreign resident of Arizona to fail to carry federally-issued immigration documents at all times."

"Bolton’s injunction also blocks the portion of the law that made it a state crime for an illegal foreign resident in Arizona to solicit, apply for, or perform work."

"...still in the law are provisions creating a new state crime of human smuggling, stopping a motor vehicle to pick up day laborers, and knowingly employing illegal foreign residents."

xoxoxoBruce 07-29-2010 12:22 AM

Quote:

She said the state statute created a significant enough conflict with the administration’s policies to require judicial intervention.
She said that? Administration's policies, not federal law? :confused:

By the way, that link is to the second page of the article.

The first page says:
Quote:

In her ruling, Bolton also blocked a portion of the law that required state officials to check the immigration status of anyone in custody in Arizona before they were released from jail.
The judge said the state measure was preempted by federal law because such checks would swamp federal immigration officials who are pursuing different priorities.
Oh really, you mean these zillions of dollars they claim they are spending on the problem, isn't enough to check the status of people before they are released from jail, but somehow the feds can check everyone buying a gun? :eyebrow:

classicman 07-29-2010 08:34 AM

I think the decisions is pretty much what I expected. Its going to get punted upstream anyway.

Kept the obvious parts that were compliant and put "on hold" those that were in question. I like that she didn't rule with an "all-or-nothing" decision.

TheMercenary 07-29-2010 09:47 PM

I think it will go back and forth in the courts until it reaches the Supreme Court. Given the current make up it may go in favor of AZ. This should not diminish the failures of the government to enforce current law and good on AZ for making a go of it. Now if we could just get the rest of the border states to join AZ and enact similar laws. Get them all to the Supreme Court at the same time.

classicman 07-30-2010 07:31 AM

Of course its going to the supreme court. There has never been any doubt.

tw 07-30-2010 10:08 AM

All which ignores the reasons for these problems. We need to massively increase visas and immigrant quotas. And we need drug laws that are not based in prohibition. Since we cannot do what is responsible, we want to construct walls and conduct warfare to solve symptoms of defective laws.

America needs many educated foreigners. The ridiculous law means the entire year's visas expire before the first week ends. We need something like 1.8 million visas for agricultural workers. We offer only tens of thousands. We make illegal the people we need. Then deny the only reasons for resulting problems.

Flint 07-30-2010 11:13 AM

I guess I haven't read the right articles to tell me what I'm supposed to be outraged about, but isn't the law basically a law which makes it illegal to do something illegal, and says that the police are supposed to enforce the law? And the problem is?

dmg1969 07-30-2010 11:23 AM

I think some of the Judge's reasoning make me think she is either a little biased toward illegals or just stupid. Why strike down a part of the law requiring a check of immigration status before being released from jail? Her reasoning? That it would require actually require immigration officials to do their job. WTF kind of thought process is that? I am fairly confident that the ruling will be overturned on appeal. Either way, as others have said, it's going to the Supreme Court.

What drives me absolutely bat-shit crazy is that these illegals are actually protesting that the law is discriminatory when they shouldn't be here in the first place.

And I still question the sanity of anyone who does not think that we have a right to enforce our own borders.

classicman 07-30-2010 12:47 PM

I was discussing this last week with a neighbor of mine. One comment he made was simplistic, but said an awful lot.
Paraphrasing ... No matter how you sugarcoat it, an illegal alien is here illegally.

There is no way to start any process of any kind without first controlling the borders and the influx of those coming here unaccounted for.
Amnesty that doesn't penalize those here illegally is a slap in the face to all those who went through the correct process and did the right thing. All the other arguments cannot be addressed without monitoring and controlling those who come here.

classicman 07-30-2010 01:07 PM

Quote:

During the sweeps, deputies usually flood an area of a city — in some cases heavily Latino areas — to seek out traffic violators and arrest other alleged lawbreakers. Sixty percent of the nearly 1,000 people arrested in the sweeps since early 2008 have been illegal immigrants. Critics say deputies racially profile Hispanics
Dunno where the numbers come from, but 60% is a damn large number.

Memo outlines backdoor 'amnesty' plan
Immigration staffers cite tools available without reform

Quote:

With Congress gridlocked on an immigration bill, the Obama administration is considering using a back door to stop deporting many illegal immigrants - what a draft government memo said could be "a non-legislative version of amnesty."

The memo, addressed to U.S. Citizenship and Immigration Services Director Alejandro Mayorkas and written by four agency staffers, lists tools it says the administration has to "reduce the threat of removal" for many illegal immigrants who have run afoul of immigration authorities.

"In the absence of comprehensive immigration reform, USCIS can extend benefits and/or protections to many individuals and groups by issuing new guidance and regulations, exercising discretion with regard to parole-in-place, deferred action and the issuance of Notices to Appear," the staffers wrote in the memo, which was obtained by Sen. Charles E. Grassley, Iowa Republican.

The memo suggests that in-depth discussions have occurred on how to keep many illegal immigrants in the country, which would be at least a temporary alternative to the proposals Democrats in Congress have made to legalize illegal immigrants.
I'm not against them discussing this issue, but to enact changes to bypass the elected representation of the people seems a lot wrong to me.

glatt 07-30-2010 01:24 PM

I was interested to see in the newspaper this week that the Obama administration has been deporting illegal immigrants at a higher rate than the Bush administration did.

classicman 07-30-2010 01:32 PM

Oh yes. I find it rather ironic that this administration has been saying publicly that they are immigration friendly while the numbers of deportations have increased.
They have done an excellent job of playing both sides of the issue.

TheMercenary 08-01-2010 07:27 AM

Quote:

Originally Posted by glatt (Post 673580)
I was interested to see in the newspaper this week that the Obama administration has been deporting illegal immigrants at a higher rate than the Bush administration did.

Did it also state that the rate of illegals entering the country increased as well? Or was that statistic just conveniently left off the report?

Undertoad 08-01-2010 10:40 AM

Here Obama does what you want, in bunches, but you guys find ways to casually dismiss it.

classicman 08-01-2010 01:56 PM

Quote:

Originally Posted by TheMercenary (Post 673854)
Did it also state that the rate of illegals entering the country increased as well?

Please show that statistic. IIRC - As the economy got worse, I believe the numbers were in decline.

TheMercenary 08-01-2010 02:28 PM

I was listening to NPR this weekend and they did a great segment on the use of numbers in news reports. The issue of illegal aliens was mentioned as an example. The point was made that the number in isolation is really not a useful measurement if it is taken in isolation.

TheMercenary 08-01-2010 02:53 PM

This is what I was speaking about.

Quote:

These estimates and claims rest on several annual efforts to count illegal immigrants in the U.S. The nonpartisan Pew Hispanic Center estimated that in 2008 the nationwide population was 11.9 million, and half a million in Arizona. The federal Department of Homeland Security and the Center for Immigration Studies, a Washington, D.C., research group that opposes increased immigration, agree on a figure of 10.8 million for 2009, with DHS putting the Arizona population at 460,000, down from 560,000 a year earlier.

But as my print column notes this week, these estimates are limited by several factors that make it difficult for researchers to count this population. No major government survey, including the decennial census now under way, asks Americans about their citizenship status. Thus estimates of the number of illegal immigrants in the country are indirect and possibly far off from the correct count.

These studies rely on census surveys, and assume that about 10% of illegal immigrants aren’t counted in these surveys. But that figure largely is based on a 2001 survey of Mexican-born people living in Los Angeles. “I do not advise use of my estimated undercounts for the 2000 census outside of L.A. county, nor for migrants from other nations,” said study co-author Enrico Marcelli, assistant professor of sociology at San Diego State University. “However, demographers do not have any other empirical evidence at the moment with which to proceed.”

One concern is that the nearly two in five households who didn’t respond to the 2001 survey may have included a disproportionately large number who also didn’t respond to census interviewers. Marcelli said further study would be needed to test that possibility, but he noted the extent of the efforts to select a representative sample and to put respondents at ease in order to elicit honest answers.

“As far as I know, there has not been a new, serious attempt to estimate the undercount of illegal immigrants in the census,” said Steven Camarota, director of research for the Center for Immigration Studies.
Further...

Quote:

Larger estimates also sometimes are based on border-patrol counts of apprehensions, which are far from reliable proxies. No one is sure of how many people are missed for each one who is caught trying to cross into the U.S. illegally. Many of those who do get through may return quickly, or cross back and forth. Also, some people are caught more than once, inflating the count.

“It seems like we’re not missing that many bodies in the United States,” said Camarota, referring to the gap between the 20 million figure and his own.

The immigrant counters generally have seen a decline in the illegal-immigration population. “Economic drivers are very, very powerful” in lowering the illegal-immigrant population, said Hans Johnson, associate director of the Public Policy Institute of California. Others point to stepped-up enforcement efforts.

However, because of all the assumptions baked into these numbers, such drops come with so much statistical uncertainty that they may not be statistically significant. “The methodology for doing these estimates is not really designed to measure year-to-year change,” Passel said.
http://blogs.wsj.com/numbersguy/the-...mmigrants-937/

Happy Monkey 08-02-2010 10:26 AM

Quote:

Originally Posted by dmg1969 (Post 673567)
I think some of the Judge's reasoning make me think she is either a little biased toward illegals or just stupid. Why strike down a part of the law requiring a check of immigration status before being released from jail?

The judge didn't strike down any part of the law; she said that the most controversial parts couldn't take effect until the case had been decided, which seems pretty reasonable to me.

xoxoxoBruce 08-02-2010 10:31 AM

Semantics, a law delayed is a law denied.

Happy Monkey 08-02-2010 10:40 AM

Only if Arizona loses, in which case it should be denied.

classicman 08-02-2010 10:45 AM

I didn't realize that HM - Now that I think about it thats even worse than striking it down.

Happy Monkey 08-02-2010 10:52 AM

In what way? It's extremely common when the constitutionality of laws is in question. It's better to delay a constitutional law than to enact an unconstitutional one.

classicman 08-02-2010 11:13 AM

I admittedly do not know what her "job" was in the situation, but she apparently didn't make a ruling. Instead of ruling for or against, she just sent the issue upstairs.

Happy Monkey 08-02-2010 11:50 AM

She didn't make a ruling because the trial hasn't started yet.

classicman 08-02-2010 12:03 PM

But apparently she did...

Quote:

Originally Posted by xoxoxoBruce (Post 674003)
Semantics, a law delayed is a law denied.

Key word being semantics.

Happy Monkey 08-02-2010 12:17 PM

What are you talking about?

She issued a preliminary injunction, preventing certain aspects of the law from taking effect until the lawsuit takes its course. She didn't issue a final ruling on the law, because the lawsuit hasn't happened yet!

If a law is potentially unconstitutional, it shouldn't go into effect until its constitutionality has been determined. That's the type of situation that preliminary injunctions are for.

Shawnee123 08-02-2010 12:18 PM

Quote:

Originally Posted by Happy Monkey (Post 674018)
What are you talking about?

What, indeed? :sweat:

classicman 08-02-2010 12:38 PM

Bold mine - obviously...

Quote:

Originally Posted by Happy Monkey (Post 674018)
What are you talking about?

She issued a preliminary injunction, ~snip~

She didn't issue a final ruling on the law,

Quote:

Originally Posted by Happy Monkey (Post 674001)
The judge didn't strike down any part of the law;

she said that the most controversial parts couldn't take effect

Quote:

Originally Posted by xoxoxoBruce (Post 674003)
Semantics, a law delayed is a law denied.

Quote:

Originally Posted by Happy Monkey (Post 674014)
She didn't make a ruling ...

I'm sure it's perfectly normal and common.

Shawnee123 08-02-2010 12:44 PM

Quote:

Originally Posted by classicman (Post 673388)
I think the decisions is pretty much what I expected. Its going to get punted upstream anyway.

Kept the obvious parts that were compliant and put "on hold" those that were in question. I like that she didn't rule with an "all-or-nothing" decision.

Quote:

Originally Posted by classicman (Post 673585)
Oh yes. I find it rather ironic that this administration has been saying publicly that they are immigration friendly while the numbers of deportations have increased.
They have done an excellent job of playing both sides of the issue.

Quote:

Originally Posted by Undertoad (Post 673871)
Here Obama does what you want, in bunches, but you guys find ways to casually dismiss it.

Quote:

Originally Posted by Happy Monkey (Post 674001)
The judge didn't strike down any part of the law; she said that the most controversial parts couldn't take effect until the case had been decided, which seems pretty reasonable to me.

Quote:

Originally Posted by classicman (Post 674009)
I didn't realize that HM - Now that I think about it thats even worse than striking it down.

Quote:

Originally Posted by classicman (Post 674012)
I admittedly do not know what her "job" was in the situation, but she apparently didn't make a ruling. Instead of ruling for or against, she just sent the issue upstairs.

Quote:

Originally Posted by classicman (Post 674017)
But apparently she did...


Key word being semantics.

Quote:

Originally Posted by Happy Monkey (Post 674018)

~snip~ That's the type of situation that preliminary injunctions are for.

Quote:

Originally Posted by classicman (Post 674022)
Bold mine - obviously...

I'm sure it's perfectly normal and common.

Quote:

Originally Posted by Happy Monkey
What are you talking about?

Quote:

Originally Posted by Shawnee123
What, indeed?


Happy Monkey 08-02-2010 01:24 PM

Quote:

Originally Posted by classicman (Post 674022)
Bold mine - obviously...
I'm sure it's perfectly normal and common.

There was no bold, except for the usernames.

Shawnee's post shows that you understood this stuff four days ago. What happened?

classicman 08-02-2010 01:48 PM

I edited the post and kept only that which I previously had made bold.
Shawnee has been on my ignore list for weeks.

Basically what you have said is that she made a decision, but not a ruling.

Bruce called it semantics. I agreed.

Shawnee123 08-02-2010 01:48 PM

Quote:

Originally Posted by Happy Monkey (Post 674032)
There was no bold, except for the usernames.

Shawnee's post shows that you understood this stuff four days ago. What happened?

This:

Quote:

Originally Posted by Undertoad (Post 673871)
Here Obama does what you want, in bunches, but you guys find ways to casually dismiss it.

There's no fun in the cure, the fun is in the bitch, or in the sycophantic slurping of ass-kissing.

Shawnee123 08-02-2010 01:55 PM

Happy Monkey, there still wasn't any bold except user titles, was there? :lol:

Boys got a mind like a steel trap, rusty that is.

Remember, he took time to very carefully show he understood the copyright crap, but kept right on doing it. When the Cellar gets sued...can that be ignored as well?

Happy Monkey 08-02-2010 02:20 PM

Quote:

Originally Posted by classicman (Post 674036)
I edited the post and kept only that which I previously had made bold.
Shawnee has been on my ignore list for weeks.

Here's what she quoted, that showed you seemed to have understood this better four days ago:
Quote:

Originally Posted by classicman (Post 673388)
Kept the obvious parts that were compliant and put "on hold" those that were in question. I like that she didn't rule with an "all-or-nothing" decision.

"on hold" is not the end.
Quote:

Basically what you have said is that she made a decision, but not a ruling.

Bruce called it semantics. I agreed.
Calling a preliminary injunction and the striking down of a law as unconstitutional semanically equivalent is silly.

Option 1: contested portions of the law can't take effect until both sides have a chance to make their case
Option 2: rule for the plaintiff without hearing the case.

The difference between those options is not semantic.

classicman 08-02-2010 02:30 PM

I stand corrected. My humblest of apologies to you HM.

xoxoxoBruce 08-02-2010 10:20 PM

Quote:

Originally Posted by Happy Monkey (Post 674040)
Option 1: contested portions of the law can't take effect until both sides have a chance to make their case
Option 2: rule for the plaintiff without hearing the case.

The difference between those options is not semantic.

Option 3: Rule for the defendant without hearing the case.
But since she's part of the power structure, that won't happen.

Happy Monkey 08-03-2010 10:40 AM

I wasn't listing all possible options; I was listing the two things that had been called semantically equivalent.

xoxoxoBruce 08-03-2010 11:02 AM

A law delayed is a law denied.

Happy Monkey 08-03-2010 11:44 AM

But only if they lose, in which case they should have been denied.

classicman 08-03-2010 01:19 PM

What if they win?

ETA - Would you consider that an injustice?

Happy Monkey 08-03-2010 01:41 PM

If they win, then it is not denied.

Consider what an injustice?

classicman 08-03-2010 02:55 PM

The initial denial.

Happy Monkey 08-03-2010 03:05 PM

It wasn't denied. It's only denied if they lose.

classicman 08-03-2010 03:42 PM

ok. yeh

xoxoxoBruce 08-03-2010 05:42 PM

A law delayed is a law denied.

Happy Monkey 08-03-2010 05:51 PM

But only if they lose, in which case they should have been denied.

xoxoxoBruce 08-03-2010 05:56 PM

A law delayed is a law denied.

Happy Monkey 08-03-2010 06:27 PM

But only if they lose, in which case they should have been denied.

xoxoxoBruce 08-04-2010 12:06 AM

A law delayed is a law denied.

Happy Monkey 08-04-2010 07:41 AM

I'll be more direct this time: no it isn't. If they win, then the law takes effect. The opposite of denied. But if you don't have anything more to say, and repost the same thing, you can have the last word.

xoxoxoBruce 08-04-2010 08:09 AM

While all these scumbag lawyers, putting in their two hour days, fiddly fuck around, they are denying the majority of the people of Arizona the protection of this law to keep criminals from being released on the streets, and from being raped and murdered in their beds. :p:

Happy Monkey 08-04-2010 10:17 AM

If they win, and the law takes effect, I doubt the rape or murder rates, in or out of bed, will be affected.

xoxoxoBruce 08-04-2010 10:29 AM

Pretty cavalier with the lives of innocent women and children.

Happy Monkey 08-04-2010 10:40 AM

I doubt the rape or murder rates, in or out of bed, old or young, male or female, innocent or guilty, will be affected.

xoxoxoBruce 08-04-2010 10:42 AM

I'm sure your doubts, thousands of miles away, will allow them to sleep better tonight. :rolleyes:

Happy Monkey 08-04-2010 11:07 AM

Them? I guess we're now talking about innocent women and children who hypothetically lie awake at night worrying that immigants will rape and/or kill them. Conversations with you certainly can go to unusual places.

They'll sleep better if they get their irrational fears under control. They probably should turn off Fox and Limbaugh, since the immigrant fearmongering won't stop even if the law takes effect, which will continue to disturb their sleep indefinitely.

I must also say that it is irresponsible for the hypothetical parents to be getting their hypothetical children so scared of immigrant rapist murderers that they can't sleep.

classicman 08-04-2010 03:53 PM

Wow.

Spexxvet 08-04-2010 03:57 PM

Wow

Shawnee123 08-04-2010 04:04 PM

Wow.

Spexxvet 08-04-2010 04:11 PM

MOM


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