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Arizona to DHS: No REAL ID, and we mean it!

Arizona to DHS: No REAL ID, and we mean it!

Old Apr 26, 2010, 3:02 pm
  #31  
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Originally Posted by bocastephen
Are these people on drugs or just have sun-baked brains? They pass one of the most un-Constitutional laws we've seen in over a decade, but they refuse to implement REAL ID?

Talk about dysfunctional behavior.
+1

It boggles the mind what this state thinks its up to.

I'm glad to hear they are telling the feds to go pound sand on Real ID, but why did they pass such a stupid "must prove US citizenship" ID law?
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Old Apr 26, 2010, 3:09 pm
  #32  
 
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Originally Posted by Ari
Did you bother to read the statute? The statute talks about reasonable suspicion, not probable cause.
There is also a section for probable cause:

A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States.
Originally Posted by GUWonder
Majority Opinion in US vs. Martinez-Fuerte: "Our holding today, approving routine stops for brief questioning .... is confined to permanent checkpoints. "
Which is not something that AZ is proposing to do under the law.
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Old Apr 26, 2010, 3:10 pm
  #33  
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Originally Posted by ND Sol
Your concerns have been what the Feds have been doing for decades and that is a problem.

For non-US citizens, there is a requirement to carry ID. Local authorities have the ability to take certain actions with respect to immigration laws pursuant to the Section 287(g) program.

Read the bill and one may see that it is not as strong as many are making it out to believe. The primary focus seems to ensure that local entities don't "adopt a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law."

As for the ID requirement, here is the crux of the bill:

"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. This person's immigration status shall be verified with the Federal Government pursuant to 8 United States Code Section 1373(c)."

"This Section shall be implemented in a manner consistent with Federal laws regulation immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens."

As such, I don't see the Fourth Amendment issue given the bill's wording.
The right-wing hack-job entity known as the Heritage Foundation has gotten their way in Arizona with this instrument to foster yet more racism. Make you happy?

It was a few years in the making:

http://www.heritage.org/Research/Rep...on-Enforcement
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Old Apr 26, 2010, 3:15 pm
  #34  
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Originally Posted by ND Sol
There is also a section for probable cause:
Did you fail to note the "probable cause" reference was about "line 17"?
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Old Apr 26, 2010, 3:20 pm
  #35  
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Originally Posted by Spiff
+1

It boggles the mind what this state thinks its up to.

I'm glad to hear they are telling the feds to go pound sand on Real ID, but why did they pass such a stupid "must prove US citizenship" ID law?
From the outside I agree, this looks way over the line.

Living in AZ, all I can say is you need to experience the number of illegals here to appreciate why they are doing this.

Especially in my line of work, dealing with the illegals is especially frustrating.

Yes, some people from South of our state come here, want to work for an honest days pay. But many more operate on another theory. Since they cannot get social security cards, the illegals pick a number and the employers use that number to report earnings. The poor person with that number really assigned to them is in for a nightmare.

I had to take my 9 year old to an emergency room one day after breaking his arm right near the elbow. The reality of it was that the ER was full at 1PM mid week. It was full of non insured persons who use the ER as primary health care. Kids with sniffles, etc. While there for 4 hours with an ER full of people who I percieved were here illegally (did not speak english, presented a foreign country voter card as ID, had no USA ID, unable to provide a SS#, etc) I finally had enough and went to a hospital 25 miles away that only dealt with kids. (this hospital wasnt one that was used other than major injuries to children)

I think we are finally making a dent in the unlicensed and uninsured drivers here as a new law passed a few years ago requires the impoundment of vehicles for 30 days.

Im not saying that just because a person should be stopped for walking down the street just because they have a certain skin color and asked about their citizenship.

All this law does is change the reason they can be asked from probable cause to reasonable suspicion.

Most of the time if you ask a person if they are here illegally, they tell you.

Last edited by SpaceCoastBill; Apr 26, 2010 at 3:23 pm Reason: I kant spel
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Old Apr 26, 2010, 3:40 pm
  #36  
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Originally Posted by billinaz
Living in AZ, all I can say is you need to experience the number of illegals here to appreciate why they are doing this.
It seems to be undoubtedly the favorite entry and exit point nowadays for illegal border crossings, far surpassing what happens in the rest of the country according to DHS itself.

Originally Posted by billinaz
Yes, some people from South of our state come here, want to work for an honest days pay. But many more operate on another theory. Since they cannot get social security cards, the illegals pick a number and the employers use that number to report earnings. The poor person with that number really assigned to them is in for a nightmare.
The nightmare including the actual SSN recipient having to deal with the IRS, which increasingly suspects identity theft in these kind of situations and goes on to work pretty well with the identity theft victim more times than not.
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Old Apr 26, 2010, 3:45 pm
  #37  
 
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As mentioned before unless you've lived in Arizona(Originally from there until 2 years ago, moving back next year) and have dealt with how the illegals have impacted the area you wouldn't quite understand. To have sections of your town devoted to day laborers where you can guarantee that 90% of those who are there waiting are illegal, is down right frustrating. Especially since up until now there really wasn't anything local LEO's could do anything about.

Just today at my job, this is in Maryland mind you, I had a gentleman present ID for an access badge to the construction we have going on in one of our buildings. The man spoke no english at all and had to have someone who barely spoke english attempt to translate. He presented an idea that at first glance looks like it "could" be a Virginia ID. With a second glance you see that it is not at all. It was issued by a company named "Universal Net ID". On the back there is clear markings that stated "UNI is not a Gov't Entity" and a nice paragraph about "Refusing this id for any reason other than wrong date is illegal and possibly a violation of the holders civil rights." It's a scam is what it is. Give this company money and they make an almost legit looking id to help illegals get jobs and what not. Their website even says "Resident- No Resident" about who is eligible. In this situation you have to have a GOV'T issued ID in order to gain access so I was able to legally turn him away since he didn't know whether he was a US citizen or Perm Resident and couldn't verify either way.

The Federal government hasn't acted to control illegal immigration. In Arizona the illegal crime rate is ridiculous especially sharing a border with Mexico and not far from where large drug cartels are taking over. Illegals are defrauding the government, taking your tax dollars away from you and you are okay with it? LEO's in that area are going to have a good sense of probable suscipicion when it comes to this issue. They've been dealing with it for years, and if you didn't miss it there was an executive order issued after Gov. Brewer signed this bill requiring additional training for all LEO to help prevent profiling. People need to chill, read the actual bill and then watch how it plays out because I guarantee you it will help our country not hurt it.
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Old Apr 26, 2010, 3:45 pm
  #38  
 
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Originally Posted by GUWonder
The right-wing hack-job entity known as the Heritage Foundation has gotten their way in Arizona with this instrument to foster yet more racism. Make you happy?

It was a few years in the making:

http://www.heritage.org/Research/Rep...on-Enforcement
Throw out the race card again. I didn't realize that The Heritage Foundation had that much clout. And what makes you think that this law makes me happy? My point has always been that this is something the Feds have had the power to do (and more) for over 30 years. That should be the focus of change. If that power falls, the state power will automatically fall.

Originally Posted by GUWonder
Did you fail to note the "probable cause" reference was about "line 17"?
Perhaps you should review the bidding. I quoted the section about "reasonable suspicion" previously. I don't believe that anyone else has. I now wanted to point out that there was another section that has "probable cause" as the standard so that others would not think that "probable cause" is nowhere in the bill. I guess that providing additional relevant facts is a bad thing?
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Old Apr 26, 2010, 3:52 pm
  #39  
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Originally Posted by ND Sol
Throw out the race card again.
... as you wish.

Originally Posted by ND Sol
I guess that providing additional relevant facts is a bad thing?
Then you would guess incorrectly. It remains irrelevant to the point related to "line 17" dealing with "probable cause" when "line 17" doesn't.
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Old Apr 26, 2010, 4:01 pm
  #40  
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Originally Posted by PoliceStateSurvivor
I think it is reasonable suspicion, not PC.
Originally Posted by Ari
Did you bother to read the statute? The statute talks about reasonable suspicion, not probable cause.
Originally Posted by GUWonder
Did you fail to note the "probable cause" reference was about "line 17"?
Originally Posted by ND Sol
Perhaps you should review the bidding. I quoted the section about "reasonable suspicion" previously. I don't believe that anyone else has. I now wanted to point out that there was another section that has "probable cause" as the standard so that others would not think that "probable cause" is nowhere in the bill. I guess that providing additional relevant facts is a bad thing?
I've read the bill. I misspoke myself and have corrected the offending post. I realize there's a distinction between RS and PC. Again, I misspoke myself. Thank you, all who kindly and unkindly pointed this out to me.

My point and response was directed to the FTer who posted the often repeated misinformation - that neither PC or RS needs to exist for an LEO to ask for proof of legal residency or citizenship. This is not true.

Now that we're hopefully all in agreement on that, back to our regularly scheduled programming...
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Old Apr 26, 2010, 4:21 pm
  #41  
 
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Originally Posted by GUWonder
Then you would guess incorrectly. It remains irrelevant to the point related to "line 17" dealing with "probable cause" when "line 17" doesn't.
That question was resolved in Post 27, but someone didn't notice and brought it up again. The probable cause section is relevant to what standards exist within the bill for AZ LEO's since that seems to be what many have issues with.
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Old Apr 26, 2010, 4:23 pm
  #42  
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Originally Posted by rcarteraz
He presented an idea that at first glance looks like it "could" be a Virginia ID. With a second glance you see that it is not at all. It was issued by a company named "Universal Net ID". On the back there is clear markings that stated "UNI is not a Gov't Entity" and a nice paragraph about "Refusing this id for any reason other than wrong date is illegal and possibly a violation of the holders civil rights."
From the first paragraph on Universal Net ID's home page:

Universal Net Id Card is a private company legally registered in the United States by legal contract and at the request of the people elaborates ID cards with modern state of the art technology and seals of protection to avoid forgery.

Can I get a translation for that?

EDIT: Looks like they sell all kinds of ID cards. I can impress the girls at the Holiday Inn bar by being in the Guild of American Luthiers, right up until they notice Guild is spelled wrong.


Last edited by N965VJ; Apr 26, 2010 at 4:39 pm
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Old Apr 26, 2010, 4:32 pm
  #43  
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Originally Posted by ND Sol
The probable cause section is relevant to what standards exist within the bill for AZ LEO's since that seems to be what many have issues with.
A problem not unique to this bill.

Even more dubious when one considers reasonable suspicion, being all that's needed, can be overly subjective, as pointed out by bocastephen.
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Old Apr 26, 2010, 5:09 pm
  #44  
 
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Originally Posted by tkey75
A problem not unique to this bill.

Even more dubious when one considers reasonable suspicion, being all that's needed, can be overly subjective, as pointed out by bocastephen.
In the floor debate in the Arizona Senate, this issue was raised by one of the Democratic senators in response to the sponsors of the bill. The question was asked as to what constituted "reasonable suspicion" and one of the co-sponsors gave some vague answer.

After some debate, one example given was that if someone was speaking Spanish and near a place where day laborers congregated at some point or near a drop house, then that would constitute reasonable suspicion.

Given that measure, anyone speaking Spanish within a half mile of a Home Depot or Lowe's in Phoenix is fair game for a demand to produce citizenship papers.

Gee, no overly broad intent there.
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Old Apr 26, 2010, 5:27 pm
  #45  
 
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I'm not sure why so much of the argument concerning the new law in AZ hinges on the RS versus PC issue...FED LEOs enforcing the INA don't require PC to question an individual, only reasonable suspicion of illegal alienage. It seems that the legislature in AZ has merely granted similar authorities to their peace officers within the state. Perhaps Halls120 or another lawyer could comment on this legislation.

TB
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