Hi all,

Here is another article about Arizona’s immigration reform law from yahoo news.  To summarize,  it states that Gov. Jan Brewer is going to appeal the decision made earlier today.  The decision on the legality of immigration reform.  The following points were including in the bill, but were struck down:

•  The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there’s reasonable suspicion they’re in the country illegally.

•  The portion that creates a crime of failure to apply for or carry “alien-registration papers.”

•  The portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.)

•  The portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.

To the Governor, these points are essential to the law enforcement to deter and prevent illegal immigrants from entering the country, especially in Arizona.

Now in all honesty, I may thing this is a measure that goes a bit far.  As I mentioned in a previous blog, I consider myself a moderate.  I take the side that you should not be here legally, then do not be, but I also feel that there are there is a proper way to do things rather than round up all people who “look” Hispanic and deport them.  Of the above provisions that were found as bad, I agree that the provisions of this law that were struck down and should stay struck down include “The portion of the law that requires an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there’s reasonable suspicion they’re in the country illegally.”  The way I see this, I feel the question is what do you constitute as reasonable?  Do you consider the person’s skin color?  Because Hispanic people can be white in color or naturally tan/brown.  Just because they commit a crime?  Hispanics, whites, legal citizens and illegal immigrants all commit crimes and are arrested for them as well.  What if a Hispanic person is legal? How can they “prove” their citizenship when they already legal and your asking for a green card?

The provisions that I feel that can be appealled and reinstated are:  The portion that creates a crime of failure to apply for or carry “alien-registration papers”,  the portion that makes it a crime for illegal immigrants to solicit, apply for or perform work. (This does not include the section on day laborers.),  the portion that allows for a warrantless arrest of a person where there is probable cause to believe they have committed a public offense that makes them removable from the United States.  I feel that if you come here to America legally (and I’m only talking about immigrants), for whatever reason, you need to carry your green cards in case your status needs to be check.  It is already a federal law and for individual states to have a state version of it, then that is alright.  If your hear illegally, why should you work here?  It is true that they may take the jobs that many Americans do not want, but if they’re here illegally, why should they benefit from our economy?  I’m taking the (probably) unpopular stance that I agree with warrant-less arrests of illegal immigrants.  Because the Constitution applies to legal citizens and being illegal citizen the constitution, the amendments including the 4th amendment one that protects us from unreasonable searches and seizures (including being arrested), are not rights of illegal immigrants (regardless of the nation of origin).

Steve

Sources:

http://www.azcentral.com/news/election/azelections/articles/2010/07/28/20100728arizona-immigration-law-court-ruling-brk28-ON.html

http://news.yahoo.com/s/afp/20100728/ts_alt_afp/uspoliticsimmigrationcourtbrewer

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