Arizona to DHS: No REAL ID, and we mean it!
Apr 26, 2010, 1:14 pm
#1
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Arizona to DHS: No REAL ID, and we mean it!
28-336. REAL ID act; implementation prohibited
This state shall not participate in the implementation of the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302). The department shall not implement the REAL ID act of 2005 and shall report to the governor and the legislature any attempt by agencies or agents of the United States department of homeland security to secure the implementation of the REAL ID act of 2005 through the operations of the United States department of homeland security.
This state shall not participate in the implementation of the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302). The department shall not implement the REAL ID act of 2005 and shall report to the governor and the legislature any attempt by agencies or agents of the United States department of homeland security to secure the implementation of the REAL ID act of 2005 through the operations of the United States department of homeland security.
Apr 26, 2010, 1:22 pm
#2
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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.
Talk about dysfunctional behavior.
Apr 26, 2010, 1:25 pm
#3
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Arizona is as hardly the "land of the free". It recenly passed the law that set the new low in xenophobia. Any LEO can question anybody about citizenship status. Anybody, who cannot provide a satisfactory proof of being in the US legally, can be arrested and taken to jail.
I think Arizona may as well change its name from the Grand Canyon State to "Papers, please" State.
I think Arizona may as well change its name from the Grand Canyon State to "Papers, please" State.
Apr 26, 2010, 1:25 pm
#4
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What is the unconstitutionality of the law that was passed since it appears to permit what is permitted under Federal law? Can you point me to the specific sections?
Apr 26, 2010, 1:26 pm
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Apr 26, 2010, 1:28 pm
#6
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Have you read the law to which you refer? I think your comments are hyperbole based on the language contained in the law.
Apr 26, 2010, 1:34 pm
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I'm not a lawyer but my understanding is that the constitutional issues have to do with due process and the presumption of innocence since the new law requires people to prove they are here legally or face arrest even if the police don't have probable cause to believe they are not and legal precedent saying that only the federal government can regulate immigration.
Apr 26, 2010, 1:35 pm
#8
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Why AZ governor Brewer hasn't signed into laws yet? I didn't hear it from AZ governor Jan Brewer does not have signed into the laws for called REAL ID Act. This is unacceptable for the behaviors in AZ does not have to required to get new ID. I can't commit to says anything about the restrictions. Why REAL ID isn't prohibited with the real identifiable.
Apr 26, 2010, 1:38 pm
#9
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Arizona is as hardly the "land of the free". It recenly passed the law that set the new low in xenophobia. Any LEO can question anybody about citizenship status. Anybody, who cannot provide a satisfactory proof of being in the US legally, can be arrested and taken to jail.
I think Arizona may as well change its name from the Grand Canyon State to "Papers, please" State.
I think Arizona may as well change its name from the Grand Canyon State to "Papers, please" State.
I wonder what they are going to do when a US Senator from New York and another from South Carolina get their way in requiring biometric Social Security cards.
http://www.washingtonpost.com/wp-dyn...031703115.html
Last edited by GUWonder; Apr 26, 2010 at 1:46 pm
Apr 26, 2010, 1:41 pm
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This is a very broadly worded law. Your comments seem to indicate faith that that power won't be abused. I don't think I've ever seen a situation where the government hasn't stretched power given to it under a broadly worded low beyond even its theoretical limits.
Apr 26, 2010, 1:47 pm
#11
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I'm not a lawyer but my understanding is that the constitutional issues have to do with due process and the presumption of innocence since the new law requires people to prove they are here legally or face arrest even if the police don't have probable cause to believe they are not and legal precedent saying that only the federal government can regulate immigration.
One only has to get to line 17 to find that it says an officer of the law has to have reasonable suspicion to question anyone about their legal status.
That said, I'll not cite anything having to do with the second part of your statement. I'll only say that it creates no immigration law, but authorizes certain enforcement of already existing law.
I'm not putting myself on either side of the issue. Only trying to get the facts straight.
Last edited by tkey75; Apr 26, 2010 at 4:03 pm Reason: stopping the flaming.....
Apr 26, 2010, 1:55 pm
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The requirement to carry a physical identity document and show it to a representative of the government, and risk or arrest or detention if such document is not presented, is a gross violation of our 4th Amendment right to be free of unreasonable search and seizure.
Apr 26, 2010, 2:07 pm
#13
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And we know quite well that RS is whatever an LEO defines it to be. Skin color or foreign accent plus something an LEO makes up on the fly, e.g., being "nervous" (who isn't when aggressively questioned), will usually suffice.
I seriously doubt that my California DL will suffice to prove my legal status. This means that the only practical solution for me is to carry my passport at all times when I trave through AZ. Since I have a family to support, I don't feel like being a "test case".
Apr 26, 2010, 2:07 pm
#14
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Tell that to the feds who conduct non-border related immigration checks in that part of the world. They don't agree.
Apr 26, 2010, 2:08 pm
#15
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I especially like the part where the person has to be transported to the nearest federal facility. For where I work that means about 25 miles away.
