What EXACTLY, do the opponents of the AZ law regarding illegal immigrants see as UNCONSTITUTIONAL?

besides the 14th Amendment equal protection issue, the law encroaches on Congress' authority to regulate immigration. States can't simply decide to turn their police into immigration officers; only the federal government can decide how to handle immigration issues. it's irrelevant that Congress has been slow to do anything; numerous cases have been decided giving the federal government preemption over immigration in the states.

going back to the 14th Amendment issue, the plaintiffs would have to prove a disparate impact on Latinos compared to whites, coupled with an illegitimate, discriminatory legislative intent. this is a weaker argument legislative intent is a murky area.

First of all, I am not against the AZ law, but like you, I have read it. I think that what they see as being unconstitutional is that they immediately believe (like Dave87 seems to) that the authorities in Arizona are inherently racist, and given enough leeway will just start rounding up brown people for no reason.

In the Constitution, we are protected against "Illegal Search And Seizure" - specifically, the fourth amendment says:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Police must have probable cause for any kind of detention - and in the case of illegal immigration, that probable cause has to be determined AFTER this person is detained for some other reason.

The Arizona law specifically prohibits the police or other authorities from profiling based on race or skin color, and requires that anyone who is not suspected of some other crime is to be left alone.

You cannot just assume that the police will act as racists because they are cops, any more than you can assume someone is an alien because of the way he looks.

Will the police "trump up charges" just to get at the illegals? They're not supposed to, and if they do they should be punished. Why would anyone (like the President of the United States) assume this to be the norm before it happens?

Requiring immigrants and aliens to carry papers on their person to prove their legal right to be here has been the law of the land for 58 years. There are over 50 years of case law establishing the precedent of "reasonable cause" - there is nothing new here either.

Dave87's analogy is incorrect. It should read, "Imagine that Arizona passed a law that said that carrying a red T-shirt in your suitcase was against the law when traveling by air. Further, statistics showed that 80% of those arrested for carrying a red T-shirt were named "Fitting Docs". You go to the airport and are detained for carrying a concealed weapon. During your detention, your name is noted, and security now wants to see if you have a red T-shirt in your bag".

THAT's the way the law works.

Where is this big net? Where is the profiling?

"James" also, has no idea what he's talking about. Stop and Search? Where are your Papers? This is an obvious attempt to compare this enforcement law to Nazi Germany.

"Every alien, eighteen years of age and over, shall at all times

carry with him and have in his personal possession any certificate

of alien registration or alien registration receipt card issued to

him pursuant to subsection (d) of this section. Any alien who fails

to comply with the provisions of this subsection shall be guilty of

a misdemeanor and shall upon conviction for each offense be fined

not to exceed $100 or be imprisoned not more than thirty days, or

both."

That is a direct quote from a law, the full text of which is linked below, that has been in force in this country for over 50 years.

And as far as white people being detained - well, do you drive a car? Aren't you required to carry a driver's license, an insurance card, and an registration card in the vehicle at all times? Did you know that if you are pulled over by a cop for a broken taillight, and you don't have this ID your car can be impounded and you can be placed in temporary holding? If you look "suspicious" , your record can be checked for prior crimes.

It is a federal crime to enter this country by any means other than the legal immigration process. It is a misdemeanor for a legal alien to not carry his papers with him.

We have about the most lenient immigration laws in the world.

What could you assume from the Mayor of l. a., he's Mexican (gee i contemplate whether he's right here legally). The AZ regulation has already handed a pair of judicial comments, however those are merely evaluations they have reported that the regulation falls interior the regulations of the form. the actual try would be whilst/if it is going to courtroom. In 2004, Arizona handed a regulation(Prop 2 hundred) that required one to coach citizenship earlier you may desire to sign in to vote or earlier receiving public assistance. This regulation additionally required the persons working in those aspects to coach in any and all suspected illegals. If an valid grew to become into stumbled directly to have violating this regulation a citizen would desire to sue them for damages. In 2007 Arizona handed HB 2779 and the governor reported right here “Immigration is a federal accountability, yet I signed HB 2779 with the aid of fact it fairly is now abundantly sparkling that Congress exhibits itself incapable of dealing with the excellent immigration reforms our us of a desires. I signed it, too, out of the tip that the circulate of unlawful immigration into our state is by technique of the consistent call for of a few employers for low-priced, undocumented hard paintings.” a lot of what's in SB 1070 comes from parts of the above invoice, in specific the words with reference to the hiring of illegals. Whose activity is it to enforce our Immigration rules ? The accountability of that falls below the authority of fatherland secure practices and Janet Napolitano is yet another of people who say that the Arizona regulation is unconstitutional yet like Holder has no longer examine the invoice. Does it come to a marvel to the liberals that AZ proposition 2 hundred and HB 2779 have been signed in to regulation by using the Governor of Arizona, Janet Napolitano ? i think that the constitutionality of a regulation relies upon which social gathering you belong to. so some distance Janet Napolitano has controlled to coach that she is extremely able to conversing out the two factors of her mouth.

There IS nothing unconstitutional about it - in the reading. It's just in the inference that some can see that occuring. As a former airline employee - I can tell you with certainty that we 'profiled.' When you have, as you have stated, a large percentage of crime occuring by a certain group, then it only makes sense. I have absolutely NO problem whatsoever with someone asking me for my "papers" to prove I am who I say I am, and I am a legal citizen. We have absolutely LOST IT in this country with our borders! The pendulum needs to swing far the other way to get us back to center.

They don't bother to READ the law. They just listen to the Pro-Illegal Immigrant side.

Constitutionally - the 14th am.

If you dig deeper:

http://maddowblog.msnbc.msn.com/_news/2010/04/27/4...

http://blogs.chron.com/txpotomac/2010/04/arizonas_...

http://blogs.phoenixnewtimes.com/bastard/2007/09/r...

Now all brown people in Arizona better get ready to carry around all papers with them. 'Where are your papers? Why aren't they in order?'

'You're coming back with me JO-SE'

This is the gateway drug leading to harassment.

Imagine you were going to the airport, and Arizona passed a law that only people named FITTING DOC get searched, and all others, dont need to go through security

Do you understand NOW?

White people are exempt from this law, and brown people- legal or not, are swept up in a big net

So, you'd have no problem if any cop you passed stopped you and asked you to produce your birth certificate, just to help pass the time until he goes off shift? And if you didn't have it, carted you down to the jail until you could prove you're in the country legally?

You'd seriously have no problem with that?

US citizens aren't required to carry proof of citizenship with them. And loads of US citizens have brown skins. If that was you, you'll be pretty ticked off too.

Yes! You are correct sir.

I don't see anything unconstitutional and I don't have a problem with racial profiling. We need to stop being so damn PC and sensitive and get tough like Americans used to be.