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Old 06-29-2010, 09:58 AM   #1
xoxoxoBruce
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Originally Posted by Spexxvet View Post
How would it be different if the same law was applied to illegal drugs or illegal handguns? "You look suspiciously like you have illegal drugs or an illegal handgun on your person. Prove that you don't."
They already do that for anyone they have detained, no different from this law.
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Old 06-29-2010, 10:38 AM   #2
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Originally Posted by xoxoxoBruce View Post
They already do that for anyone they have detained, no different from this law.
I dont think it is the same at all.

Legislating or regulating the criminal possession of guns and drugs are within the purview of the states.

Being an illegal immigrant is a federal crime. AZ is attempting to make it a state crime with restrictions above the federal law (that a person can be questioned about immigration status w/o being held for other crimes).
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Old 06-29-2010, 10:46 AM   #3
TheMercenary
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Originally Posted by Redux View Post
Being an illegal immigrant is a federal crime. AZ is attempting to make it a state crime with restrictions above the federal law (that a person can be questioned about immigration status w/o being held for other crimes).
The restrictions are the same as what the feds can do. They can still question someone about thier immigration status and hold them for that reason alone. ICE does it everyday. The threshold in the AZ law is lower, they can only do this if they are being detained or stopped for other reasons.
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Old 06-29-2010, 10:49 AM   #4
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The restrictions are the same as what the feds can do. They can still question someone about thier immigration status and hold them for that reason alone. ICE does it everyday. The threshold in the AZ law is lower, they can only do this if they are being detained or stopped for other reasons.
No....under the AZ law, the police can question a person on immigration status based solely on "reasonable suspicion" of being illegal with NO other reason for having been detained. This is a higher threshold than current federal immigration law.
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Old 06-29-2010, 10:51 AM   #5
TheMercenary
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Originally Posted by Redux View Post
No....under the AZ law, the police can question a person on immigration status based solely on "reasonable suspicion" with NO other reason for having been detained.
Ok, even if this is the case, that is no different from what the feds can do now.
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Old 06-29-2010, 10:53 AM   #6
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Ok, even if this is the case, that is no different from what the feds can do now.
No...under federal immigration law, state/local law enforcement officials can question one's immigration status ONLY when a person is being detained for another cause.

The federal law does not allow cops to determine, based on "reasonable suspicion" (undefined), that a person may be illegal and require that person to prove his citizenship/residency.
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Old 06-29-2010, 10:56 AM   #7
TheMercenary
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No...under federal immigration law, state/local law enforcement officials can question one's immigration status ONLY when a person is being detained for another cause.
But the Border Patrol and ICE are defacto law enforcement agencies and they can do this already, so it is not more stringent than current Federal law.
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