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Old 05-30-2010, 09:24 AM   #1
jinx
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Quote:
Originally Posted by Redux View Post
From your opinion piece:

...provided that person is already lawfully detained.

That is the difference between the Court's decision in Muehler v. Mena and the AZ law....and IMO, a significant difference.

Given that difference...
Significant difference? The AZ law states "After lawful contact".
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Old 05-30-2010, 09:48 AM   #2
Redux
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Originally Posted by jinx View Post
Significant difference? The AZ law states "After lawful contact".
Right....and the law makes illegal immigration a state crime, and, in and of itself, a "lawful contact"...and that is the issue.

It is not asking about immigration status after other lawful contact.

If one is already being lawfully detained for questioning in connection to any other crime, I dont think there is an issue of potential discrimination.

If one is solely being detained for questioning based on immigration status as a "lawful contact", I do think there is an issue of potential discrimination. Anglos are not likely be be detained solely on the basis of immigration status being a lawful contact.

And that is the difference the Court should determine.

Last edited by Redux; 05-30-2010 at 09:53 AM.
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