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Originally posted by whatukno
It's not surprising as white supremacist eugenics groups like the Heritage Foundation and FAIR funded by people like John Tanton, are the ones that are pushing for these laws.
As near as I can tell, the law in AZ there already has been reasonable suspicion because they are NOT allowed to ask for proof of citizenship UNLESS you have already been stopped for reasonable suspicion of having commited a violation.
I am already, if I get stopped, going to have to show them that license, am I not? That works the same for everyone whether you have purple eyes, blue skin and green hair!
Originally posted by whatukno
reply to post by ProvehitoInAltum
As near as I can tell, the law in AZ there already has been reasonable suspicion because they are NOT allowed to ask for proof of citizenship UNLESS you have already been stopped for reasonable suspicion of having commited a violation.
So, using that logic, it should be ok for the police to search your house for drugs or child porn or whatever because you were stopped for speeding right? It's the same thing here.
Now, if a person was say, climbing over the border fence, sure, I can see the reasonable suspicion, I could agree with a police officer asking for proof of citizenship there, no problem, but how does speeding equate with being in the country illegally?
I am already, if I get stopped, going to have to show them that license, am I not? That works the same for everyone whether you have purple eyes, blue skin and green hair!
There again, according to your logic, would it be ok for the police to search your house for drugs or whatever because you were stopped in your car? Reasonable suspicion has a limit, these people are trying to remove that limit. Being stopped for one crime does not equate with being in the country illegally, the reasonable suspicion clause doesn't work. Like I said, if they were climbing over the border fence sure, you got reasonable suspicion there. But there's a limit and this doesn't cut it to me.
Originally posted by pcrobotwolf
reply to post by whatukno
mexican nationals don't have 4th amendment rights under our bill of rights that is a right reserved for USA citizens
While many argue that "We the People of the United States," refers only to legal citizens, the Supreme Court has consistently disagreed.
"America's toughest sheriff," Phoenix’s Joe Arpaio, is creating a new armed "Immigration Posse” to combat illegal immigration, and Hollywood actors Steven Seagal and Lou Ferrigno, along with Dick Tracy and Wyatt Earp, have signed up.
Fighting Justice Department allegations that his office discriminated against illegals during arrests, Sheriff Arpaio says the new civilian posse of more than 50 members gives citizens a chance to fight the illegal immigration problem that inundates their border state.
"Law enforcement budgets are being cut and agencies are losing personnel and yet the battle to stop illegal immigration must continue,” said the sheriff, who heads the Maricopa County Sheriff's Office.
"Arizona is the busiest port of entry for people being smuggled in from Mexico, Latin and South America. So asking for the public´s help in this endeavor makes sense, especially given the success the posses have experienced over the years."
On February 10, 1936, the Nazi Reichstag passed the 'Gestapo Law' which included the following paragraph: "Neither the instructions nor the affairs of the Gestapo will be open to review by the administrative courts." This meant the Gestapo was now above the law and there could be no legal appeal regarding anything it did.
Indeed, the Gestapo became a law unto itself. It was entirely possible for someone to be arrested, interrogated and sent to a concentration camp for incarceration or summary execution, without any outside legal procedure.
Justice in Hitler's Germany was completely arbitrary, depending on the whim of the man in power, the man who had you in his grip. The legal policy as proclaimed by Hitler in 1938 was: "All means, even if they are not in conformity with existing laws and precedents, are legal if they subserve the will of the Führer."
Therefore no reason to check whether or not you are here legally. It's simply not in the states purview, it's a federal issue.
Checking someones citizenship status because of a traffic stop, makes about as much sense as searching a person's home for child porn because they were speeding. They aren't related and it's not a reasonable search.
Terry V. Ohio dictated the "Reasonable Suspicion" idea, giving officers a wide birth in searching a person, but the officer must inform the person that they have a reasonable suspicion based on something, if that is not found to be the case, if the officer does not find what he thinks he would, the officer did not satisfy his reasonable suspicion, should have never had a reason to be suspicious and has violated the persons civil rights.
This is the case here. This is what is going to start happening, when cops start harassing legal citizens checking their immigration status, they are going to be sued for violating that citizens civil rights, if they are in the country legally, and are citizens of this country, there is no reason to harass them, violating their 4th Amendment rights, and causing them tremendous amounts of pain and suffering.
I know that if I had my citizenship questioned by a police officer, I would certainly sue. But thankfully being a Caucasian they probably won't ever check me anyway even if I was in Arizona or Texas or the other states. But if I did travel there and was accosted by an officer who demanded my "papers" I am certain that a decent lawyer would make me quite the wealthy man.
You see, we do live in that universe.
Illegal immigrants will dig tunnels, they will ride boats, they will get smuggled in cargo planes if they have to.
Their determination to enter and to remain in America is exactly the "problem." Their determination is what makes it so hard for the US authorities to round them up and deport them.
The 14th Amendment does have jurisdiction in this case. It has jurisdiction in America. It very clearly states that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." Children of illegal immigrants, born in America, are citizens according to your sacred Constitution.
The text of the Citizenship Clause was first offered in the Senate as an amendment to Section 1 of the joint resolution as passed by the House.
There are varying interpretations of the original intent of Congress, based on statements made during the congressional debate over the amendment.[2] During the original debate over the amendment Senator Jacob M. Howard of Michigan—the author of the Citizenship Clause—described the clause as excluding Indians, who maintain their tribal ties, and “persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers.” He was supported by other senators, including Edgar Cowan, Reverdy Johnson, and Senate Judiciary Committee Chairman Lyman Trumbull.[3]
You must be crazy is you think that the drug trade can be stopped by a wall across the Mexican border.
No matter how much security goes up on that border, drugs continue to get through.
They come in secret packages,
on cargo planes and boats,
and by illegal visitors.
They are exported by huge corporations with legitimate fronts,
by the CIA and by other countries' intelligence services.
Even if the wall managed to cut off most of the imports from down south, the demand in America would not shrink. It would grow. Hundreds of thousands of drug users and addicts will demand product at a reasonable, affordable price.
The elasticities can be used to predict the effect of legalizing coc aine and heroin. These estimates should be viewed with caution, since several assumptions must be made in order to do the calculations.(11) Legalization could take a number of alternative forms, depending on whether only sanctions against buyers or sanctions against both buyers and sellers were reduced and the magnitude of the reductions in sanctions. The reduction of price is indirectly a policy option, since price is a positive function of the level of sanctions. The potential price reduction is considerable, since current sanctions result in a retail price that is more than 10 times production costs, according to Reuter [1988]. Decreasing sanctions for possession of large quantities drugs or for selling drugs would shift the supply curve downward. Assuming that the demand curve remained fixed, the own price elasticity could be used to estimate the change in participation of a given decrease in price resulting from a change in sanctions. Assume that the policy changes resulted in a decrease in the price of both drugs by 50%. Under these assumptions the number of regular coc aine users would increase by about 260,000 and the number of occasional coc aine users would increase by about 1,400,000. In 1991 there were about 1.9 million regular coc aine users and about 6.4 million occasional coc aine users. Also, under these assumptions the number of regular heroin users would increase by about 47,000 and the number of occasional heroin would increase users by about 615,000. In 1991 there were about 100,000 regular heroin users and about 1.5 million occasional heroin users.(12)
Hundreds of thousands of people in the drug industry will provide it by manufacturing and growing within the United States.
The wall is not a solution. Prohibition on drugs has worked no better than prohibition on alcohol.
Prohibition on illegal immigration has worked no better than prohibition on drugs. The reason in the same in every case. Americans have freedom of mobility and transport and this makes it impossible for the state to control everything that is imported and exported to, by and within the Union.
These cartels are going nowhere. Nixon couldn't exterminate them. Reagan couldn't exterminate them. Bushes I and II couldn't exterminate them, and they get stronger every single year.
The best efforts of every anti-drug politician in the United States has only succeeded in making the drug trade, which fuels all mafioso activity, more lucrative. It has made the drug trade more illegal and dangerous. It has turned the drug trade into a ruthless competition between rival syndicates as they labour to secure a market by any means necessary.
The drug industry is a perfect example of capitalism.
The struggle to prohibit illegal immigration has only made immigrants more clever about entering the USA.
They want to get into America, land of freedom, and nothing will stop them.
To struggle against this inevitable force - that is tearing America apart.
Continuing the War against Immigration is turning America into a powder keg of racial and ethnic tension.
They do not understand that their resistance is futile; that it will only increase the resentment of Hispanics and liberals of all races towards conservative Whites.
The federal government is opposing the state's enforcement of a federal law because the federal government is shifting its own policies regarding immigration.
It is working towards a far more lenient immigration policy and combating the various anti-immigrant factions in its ranks. This includes the legislature of Arizona.