Arizona Immigration Law:

[delta22]

By JACQUES BILLEAUD AND WALTER BERRY, THE ASSOCIATED PRESS

PHOENIX — A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state's immigration law, which critics have dubbed the "show me your papers" provision.

The ruling by U.S. District Judge Susan Bolton clears the way for police to carry out the 2010 law's requirement that officers, while enforcing other laws, question the immigration status of those they suspect are in the country without documents.

The requirement has been at the center of a two-year legal battle that culminated in a U.S. Supreme Court decision in June upholding the requirement.

Opponents then asked Bolton to block the requirement, arguing that it would lead to systematic racial profiling and unreasonably long detentions of Latinos if it's enforced.

Lawyers for Arizona Gov. Jan Brewer urged the judge to let the requirement go into effect, saying the law's opponents were merely speculating in their racial profiling claims, that police have received training to avoid discriminatory practices and that officers must have "reasonable suspicion" that a person is in the country without documents to trigger the requirement.

In her ruling, Bolton said the court will not ignore the clear direction from the Supreme Court that the provision "cannot be challenged further on its face before the law takes effect." She reiterated the high court's interpretation that the law might be able to be challenged as unconstitutional on other grounds.

Among the opponents of the law was the Obama administration, which challenged the law based on the argument that federal immigration law trumped Arizona law. The challenge didn't confront racial profiling. The administration failed to persuade the nation's highest court to strike down the questioning requirement.

To the supporters of Arizona's law, the questioning requirement was the most important part of the statute, whose stated purpose was to reduce the problems associated with illegal immigration through enforcement the state's policy.

Immigrant rights groups believe the requirement presented the most opportunities for civil rights abuses.

Shortly before the law was to take effect in July 2010, Bolton prevented police from enforcing the questioning requirement and other parts of the statute, ruling the Obama administration would likely succeed in showing federal law trumps the state law.

Brewer, who signed the measure into law, appealed the ruling, lost at the 9th Circuit Court of Appeals and took her case to the Supreme Court.

Less controversial sections of the law have been in effect since late July 2010, but have rarely been used.

Arizona's law was passed amid voter frustration with the state's role as the busiest illegal entry point into the country. Five states – Alabama, Georgia, Indiana, South Carolina and Utah – have adopted variations on Arizona's law.

Brewer's office said the law is expected to go into effect shortly.

"The courts have now consistently found that the plaintiffs have not met the high bar in arguing this law needs to be enjoined before it's allowed to take effect," gubernatorial spokesman Matthew Benson said. "Certainly Gov. Brewer is pleased with this decision. She believes it's time SB1070 is implemented and so that we can see how effective this law is in practice."

Karen Tumlin, an attorney for the National Immigration Law Center, said her office was "considering our legal options" after Bolton's ruling.

"We were surprised and disappointed," said Dan Pochoda, legal director for the American Civil Liberties Union of Arizona.

Bolton did, however, grant a preliminary injunction against a statute making it illegal to harbor individuals suspected of being in the country without documents.

[caz1104]

[Peace]

Let Arizona be a guidepost.

Good job to our fellow Arizonians!

[billbill]

It is my opinion that more needs to be done about this situation, I know some who are in this country illegally and they are hard working peaceful people who desire a better life for their family. I sympathize with them and their plight in life. Having said that, I also know that many are coming into our country to abuse our system to their benefit. I think there are several steps we as a country could take to fix this problem.

1 Build the barrier between Mexico and the US. Patrol it thoroughly and utilize the Guard as eyes on the ground in the high traffic areas. (Just as eyes only to report any traffic)

The Guard and Reserves has to complete two weeks annual training each year anyway. The border would be a great place to conduct their manuevers.

2 Have all undocumented come into major metropolitan hubs and set up reception centers for them to check into.

Get finger prints along with identifying info.

Run them for warrants. Any felonies get shipped back to country of origin.

Ask if they desire to become a US Citizen or just want to work here.

If they desire Citizenship proceed to step 3. If they only want to work here, then advise them we are revamp guest worker program and send them home with the information to apply for guest worker.

3 Have a Judge set up mass hearings with as many in attendance as possible. Have hearing on violation of being in country illegally. Misdemeanor charge.

Placed on Standard probation, pay a fine of what it cost to immigrate legally, must maintain employment while on progation, obey all laws, no public benefits while on probation such as wellfare etc..

Issue a Probation ID card with a TAX ID NUMBER assigned to that individual. With the Probation card allow valid Driver's License issuance, open bank accounts etc.

Probation would only end when time given as well as fine is paid off. Example 5 years probation, 5k fine. Five years later they still owe on the fine, their probation would be extended until the fine is paid.

4 Successful completion of probation would only entitle the person to a green card with the ability to apply for citizenship while remaining here in this country legally.

This is just a rough idea of how I think we should fix our immigration situation.

Guest workers should be processed across the border with a 6 month renewable Visa. They should be required to check in with ICE each month and update adress informtion. Failure to do so would cause there Visa to be revoked permanantly.