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Reply #46: Embarrassment should be on those [View All]

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Spoonman Donating Member (1000+ posts) Send PM | Profile | Ignore Fri May-07-10 01:21 PM
Response to Reply #23
46. Embarrassment should be on those
who have failed to read the new law, and base their opinions on "jump on the bandwagon mentality".

The Az law does not mandate any such action that you claim.

A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.


Sound familiar?
It should, because it’s called a “Supremacy Clause”.
In the same manner the US constitution holds that all federal laws trump state laws, the State is simply implementing the same “Supremacy Clause” language to prevent the establishment of “safe havens” or “sanctuaries”.

For example, state environmental laws must meet or exceed the federal standards.
The process of a federal law overriding a state law is known as "preemption."
This prevents industries or companies from operating in a state because that state allows them to pollute more.

This concept is completely acceptable to everyone, but applying the same concept to illegal immigrant is somehow wrong.


B. For any lawful STOP, DETENTION OR ARREST made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state IN THE ENFORCEMENT OF ANY OTHER LAW OR ORDINANCE OF A COUNTY, CITY OR TOWN OR THIS STATE where reasonable suspicion exists that the person is an alien who AND is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation.
Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c).
A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution.
A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:
1. A valid Arizona driver license.
2. A valid Arizona non-operating identification license.
3. A valid tribal enrollment card or other form of tribal identification.
4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.



I don't see anywhere it states they "must" stop, or where it "required law enforcement officers to check anyone who might look suspicious".

Please feel free to read the entire text of the new law including it's amendments included and if I've missed something, please enlighten me.


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