Well, next they'll make being here illegally illegal. The Nerve!
In any event, I would not be surprised if this is struck down as unconstitutional under the Supremacy Clause.
How so?
Having Nerve has pretty much been declared illegal.Well, next they'll make being here illegally illegal. The Nerve!
B. FOR ANY LAWFUL CONTACT 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 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, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSONS IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSONS 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.
The text that I have highlighted, and that you provided, is not included in the portion of the bill that you quote.
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf
The only time national origin is mentioned in the bill is in regards to employment investigations. This is found in Section 6, Paragraph B.
This bill should be read in its entirety by anyone and everyone that wishes to comment in this thread.
Here's an article that discusses it.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
That article never demonstrates how Federal law is trumped.
Here is the Supremacy Clause, how does the AZ law violate it?
Immigration laws are truly needed but this law will promote race profiling for people of brown skin including myself. I would hate to get pulled over daily to prove I was born in this great country. I would really be pissed if it happened to my daughter and my soldier son.
To be quite honest I am quite tan and am mistaken quite often by hispanics to be hispanic myself. I would not mind at all to be asked to show proof at a time of being stopped by an officer. It would show me that they were doing their job and I would applaud and thank them.
**BTW, I am not trying to start a heated debate but rather am searching for a real answer to my question from a supporter of the opposition which holds merit. I apologize if it looks as otherwise.
This law is not the way to stop the problem of illegal immigration. You should go after the companies that hire illegals. It is easy in this day and age to make sure their social security # corresponds to them. Employers should check them and be required to do so. Creating a police state is not the way to handle this situation. If people wouldn't hire illegals, they would not come here. If I had to live somewhere illegally to take care of my family, I would.
The bill linked is not the signed legislation. The legislation recently signed by the governor does have the language quoted above.
Source.
I'm too tired (and I mean that literally, not dismissively) to get into a discussion of federal preemption. Suffice it to say that I think the Arizona law will probably be ruled unconstitutional, but not necessarily that it's a slam-dunk, which is why I said I "would not be surprised" if it is struck down.
Whether the law is a good idea or not is another question, but I've said enough on that already.
... but in the end when they catch the aliens and call ICE to come get them ICE will probably say no...
OK, boys and girls. Can somebody tell me what's wrong with this picture?
Your hat looks fine to me.