[identity profile] oportet.livejournal.com posting in [community profile] talkpolitics
I'm not a liberal, but if I was, I can't imagine what I would have against the Tea Party movement - so hopefully a liberal/democrat could help me out with this.

I understand the movement is made up mostly of conservatives, so wouldn't that either be a good, or at worst, neutral thing for you when elections come around?

Sure, the Tea Party isn't an official party with representatives, but when a big (or the big) election comes around, they'll most likely endorse someone (If they don't, that would fall under neutral). If the person/people they back are Republican, you saw it coming, and you'll pretty much have the same outcome there would have been if the TP never existed (again, neutral result). If the person/people they back aren't Republican, it wouldn't be taking many, if any, votes away from your side - nowhere near the number it would be taking away from Republicans (this would fall under good for you).

Or am I missing something?

(no subject)

Date: 29/4/10 19:14 (UTC)
From: [identity profile] light-over-me.livejournal.com
Exactly my point-- there is *nothing* suspicious about someone simply walking down the street minding their own business just because they happen to be 'brown' and that would be an abuse of the law, as written. The Governor who signed the law has said so herself.

But this does give officers an additional provision to check the immigration status of people they encounter on duty--which more than likely could be for some other possibly related activity. Which makes sense when you consider this law came about in response to border violence and crimes committed by illegals. So now when someone gets nabbed on gang, smuggling or some other related charge, they can be checked and deported if it is reasonable to do so. As opposed to being thrown into our prison system or released back onto our streets.

What other illegal activities can be related to illegal immigration? There are people who enable illegals to enter and who transport them across the border, or give them shelter. There can be forgery crimes, identity theft, and instances of fake IDs, and those who enable or prepare such materials. I would be willing to bet these are the sorts of things which will be targeted, and those people involved who will be checked.

Sure many illegals who are not committing any crimes will probably go unnoticed unless they do something to call attention to themselves... but this law does give officers an added tool to deal with those who are actually committing crimes, which AZ has deemed as a serious problem and threat.

Not all police officers are corrupt and abuse the law, which seems to be the major the assumption here. It's this train of thinking that "all cops are white, and since all white people are racist by default, therefore it follows that all white cops will be corrupt and start harassing people simply for being brown." That is the talking point coming from the Left-- that this is just a racist law to get rid of all brown people and has nothing to do with people actually breaking the law or abusing our immigration system.

(no subject)

Date: 29/4/10 19:36 (UTC)
From: [identity profile] malasadas.livejournal.com
That's not the language of the bill -- I repeat: if all this authorized was a check of documents when someone is stopped by police for actually doing something illegal, there'd be zero to near-zero concern.

You still won't say what will constitute the police having "reasonable suspicion" that a given person is illegal because the scope of their new authority is not limited to people "nabbed" on other criminal offenses by the language of the statute.

(no subject)

Date: 29/4/10 20:31 (UTC)
From: [identity profile] light-over-me.livejournal.com
I have answered your question. We already established that the language of the bill states that there must be reasonable suspicion, which doesn't exist by merely walking around having a different skin color. You are reading into it to assume it's demanding race as the sole basis for this suspicion, because according to the legal definition, it needs to be something more than a hunch-- which is what basing it solely on skin color would be.

So logically what does that leave? I've given you numerous examples of behaviors/crimes which may be associated with illegals who are breaking the law. Right now, cops may go by a "don't ask, don't tell" policy, and that's essentially what this law changes. It is asking them to enforce our already existing immigration laws.

This is what the purpose states:

Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws and gives county attorneys subpoena power in certain investigations of employers. Establishes crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties. - SB1070 - 492R - Senate Fact Sheet (http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm)

What this means is all explained within the bill itself: SENATE BILL 1070 (http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf)

(no subject)

Date: 29/4/10 22:09 (UTC)
From: [identity profile] malasadas.livejournal.com
reasonable suspicion

You gave the law dictionary definition of that -- not the contexts that apply to reasonable suspicion of one's immigration status.

I've given you numerous examples of behaviors/crimes which may be associated with illegals who are breaking the law

No, you haven't. You've given examples of people breaking the law and getting stopped for that. Police have to examine the identity of people arrested for commiting crimes and the ones you listed are perpetrated by all sorts of people. What makes any given drug dealer in Arizona suspected of being an illegal alien?

This law is not written like seat belt laws that only apply if a cop stops you for speeding and notices your seat belt is not fastened. It is written to say that a cop may have reasonable suspicion that a person is illegal under any circumstance. You've repeatedly given examples of criminal behavior that would get a person arrested anyway, making the bill utterly unnecessary. I've provided one example of non-criminal behavior that might arose suspicion. A cop enters a restaurant and half the bus boys run out the back door -- now what other circumstances might rise to the level of reasonable suspicion?

(no subject)

Date: 30/4/10 01:58 (UTC)
From: [identity profile] light-over-me.livejournal.com
The law is in line with already existing federal immigration laws, the only difference is it now gives the ability of state officers the right to enforce it, and calls for them to do so. This really isn't that different, radical, or new. What's "radical and new" about it, is that the state is now taking on the role of enforcement.

Of course illegal immigrants aren't the only ones to commit crimes. The difference between an illegal committing the same crime, is that the state now has the authority to enforce deportation.

A cop enters a restaurant and half the bus boys run out the back door -- now what other circumstances might rise to the level of reasonable suspicion?

Okay.

Now read the whole bill-- it states exactly what kind of situations apply. Most of which already have federal provisions in place, except now there is additional authority at the state level. We're not just talking about street cops here. For example, an illegal person applying for a job. Or applying for welfare. State officials and agencies will now have a role in verifying people's status.

You do have a point though. If these provisions already exist at a federal level, what makes the bill necessary? The question is whether these existing provisions are being sufficiently enforced.

(no subject)

Date: 30/4/10 10:53 (UTC)
From: [identity profile] malasadas.livejournal.com
the only difference is it now gives the ability of state officers the right to enforce it, and calls for them to do so.

Immigration officers don't walk street beats watching people's behavior.

Now read the whole bill-- it states exactly what kind of situations apply.

Really? Then why have you been unwilling to answer the direct question?

(no subject)

Date: 1/5/10 02:21 (UTC)
From: [identity profile] light-over-me.livejournal.com
Well, looks like now they have edited the language of the bill to be more clear:

So now, in response to those critics, lawmakers have removed “lawful contact” from the bill and replaced it with “lawful stop, detention or arrest.” In an explanatory note, lawmakers added that the change “stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state.”

“It was the intent of the legislature for ‘lawful contact’ to mean arrests and stops, but people on the left mischaracterized it,” says Kris Kobach, the law professor and former Bush Justice Department official who helped draft the law. “So that term is now defined.”


Read more at the Washington Examiner: http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/in-response-to-critics-arizona-tweaks-new-immigration-law-92495249.html#ixzz0mdlfFp2y

(no subject)

Date: 1/5/10 08:57 (UTC)
From: [identity profile] malasadas.livejournal.com
That's better -- but still needs analysis to see how the revisions plays with the rest of the bill's language and an explanation as to how the law is even remotely necessary if the ONLY time cops will check documents is now when they are doing things where they already take i.d. from a suspected criminal. That would be fairly silly and leaves major suspicion of the law still up in the air.

Oh, and GREAT source -- not one quote from a critic of the bill on the implications of the "fix" but lots of quotes from people saying fixing major language flaws in the law is just "tinkering" so liberals will shut up. That's some bang up reportng there.

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