The Provision In The AZ Law That Will Let You Destroy It: A Call To Action - DailyKos

[WillyT]

The provision in the AZ law that will let you destroy it: a call to action
by Magorn
Sun Apr 25, 2010 at 06:03:28 AM PDT

<snip>

If you are a devoted Kos fan and living in AZ, I feel your pain. It's not every Day that neo-nativist (can we call them the "New Know-Nothings"?) legislation sponsored by an open sympathizer of white supremacy becomes law,(at least not since the Wilson administration); and I'm sure you're feeling that the disapproving eyes of the world is on your state right now.

They are; but take heart. The old Greek saying "whom the gods would destroy, they first make mad" is as true today as it was then, and in a fit of apparent madness, this law's authors included in it a provision that will lead to its utter destruction. Within a year, every law enforcement agency in the state will be screaming for its repeal. That is, if you do your part.

Your weapon? Sec. 2. Title 11, ch. 7 ARS $G.:

It seems that the writers of the new AZ immigration law (full text here in PDF: http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf ) wanted to make really, really sure that no sane, non-racist law enforcement agencies in the state, ignored this law and just went about their business protecting and serving the good people of Arizona, so right up front they make it clear that the provisions of this law MUST be enforced whenever possible:

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.

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

And just to make doubly sure that all law enforcement agencies in the state were being as zealous as they should be, the authors of this law, in an apparent fit of madness, appointed every citizen of AZ (and possibly the US itself) as a watchdog over these agencies. By thereby doing they gave you the weapon you need to break this law.

Ladies and Gentlemen Section G:

G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY
OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW. IF THERE IS A JUDICIAL FINDING THAT AN ENTITY HAS VIOLATED THIS SECTION, THE COURT SHALL ORDER ANY OF THE FOLLOWING:

1. THAT THE PERSON WHO BROUGHT THE ACTION RECOVER COURT COSTS AND
ATTORNEY FEES.

2. THAT THE ENTITY PAY A CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
DOLLARS AND NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH DAY THAT THE POLICY HAS REMAINED IN EFFECT AFTER THE FILING OF AN ACTION PURSUANT TO THIS SECTION

Yes indeedy you read that right: ANYONE who is upset that this law isn't being enforced vigorously enough can sue, damn near any agency of the state, and if they prevail, not only are their court costs paid, but the loser is fined at least $1,000 a DAY, not from the time you win , but from the time you FILED SUIT, meaning that if an average lawsuit takes 1 year + from filing to final verdict that's a MINIMUM fine of $300,000+ every time.

So how does that help you, seeing as how you OPPOSE enforcement of the law?

Well, funny thing about illegal immigration; it's not just from Mexico or Central America. In fact, according the DHS CANADA is #4 on the list of top countries of origin for illegal immigrants, and Poland is #10 and Ireland is #17 (noticing anything in common about these countries?).

...

<snip>

More: http://www.dailykos.com/storyonly/2010/4/25/860522/-The-provision-in-the-AZ-law-that-will-let-you-destroy-it:-a-call-to-action

:patriot:

:kick:

[annabanana]

1. Brilliant!. . . .n/t

[WillyT]

3. LOL !!! - I Liked It Too !!!

:evilgrin:

:hi:

[Kablooie]

2. Not to mention all the lawsuits for false arrest. Shady lawyers may flock to Arizona.

Sued if you do, sued if you don't.

[havocmom]

4. So, my pals in AZ can harass law enforcement to make John McCain PROVE his legal status

every time he goes outside?

Cool :smoke:

[WillyT]

8. Yeah... Basically...

Remember... he was NOT born in this country!

:evilgrin:

:hi:

[havocmom]

9. His wife may not have been born on this planet

Hi WillyT :hug:

[WillyT]

11. Hi You !!!

:loveya:

:hi:

[Mari333]

5. its gonna cost them

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x8211412

[mwooldri]

6. Good grief!!!

We need to organize a bunch of people in Arizona to march on police stations and sherriffs' offices across the state and show up and ask the law enforcement officers whether they have any grounds to detain them for being in the USA illegally. Do it en masse so there are witnesses. If they detain people, that's fine, go to jail, and they can whip out their documents later on. If they don't ask for ID, file suit. The more "non-American" you look and sound, the better.

[SargeUNN]

14. We are working in Arizona on getting rid of this filthy law

There are many of us that are angry and want to stop this law, and we are doing everything we can to revoke it. The plus side is Brewer has just ended her hopes of being Governor and possibly strengthed Terry Goddard's chances. The Democrats in this state are focusing on getting Goddard funded and elected foremost since Janet was good at stopping these rats from such laws before and because the Libertarians and Racist have such a strong hold on the legislature it is important to have a Democrat like Goddard there to buffer them. Janet kept them from doing so much of this hate stuff but when she left and slimey Jan Brewer entered, they were wild.

[gristy]

7. Remeber the right wing goal is to bankrupt government

These provisions don't seem like good news to me. If followed through on the way you suggest, they would seem to be a means to that end.

[alfredo]

10. I bet the police will hate this law.

[SargeUNN]

12. should we challenge Pearce himself? After all ...

his good buddy Andrew Thomas has 2 hispanic girls and I wonder if Pearce is going to catch Thomas campaigning with his daughters and demand to see their papers. Just a thought

[TomCADem]

13. The Statute's Authors Allowed The General Public To Sue and Get Fees???

Can you imagine if you could sue the police if you did not think they were doing a vigorous enough job to enforce laws against shoplifting? Now, apply this to an issue like immigration? Now, any racist could essentially threaten police for not doing a good enough job to hassle people of color, and get fees? Crazy!

[WillyT]

15. Exactly...

This may get REAL interesting!

:shrug:

:hi: