Sheriff Joe got his fondest wish: Open, unalloyed racism by law.

[Doktor Howl]

http://www.latinalista.net/palabrafinal/2010/04/arizonas_new_law_makes_it_open_season_on.html

This story has a lot of parallels with a developing story from Arizona. Come Friday, the biggest example yet of an authority entity giving the green light to single out a minority group may be Arizona -- if the governor signs into law a bill that in essence is declaring "open season" on the state's Latinos.

The unfortunate reality is that unlike these black workers, the Latinos impacted by this law would have no legal route to take to defend themselves.

The Arizona bill is known as Senate Bill 1070 and it would require:

    Anyone whom police suspect of being in the country illegally to produce "an alien registration document," such as a green card, or be charged with a Class 1 misdemeanor and pay a minimum $500 fine.

An act that immediately criminalizes an undocumented immigrant and impacts their chances of ever returning to the United States. This is problematic since many undocumented have lived in the country for years and their families are of mixed-status.

    Makes it illegal to seek work from a road or sidewalk if doing so slows traffic. It also makes it a crime to pick up someone if a driver "knows or recklessly disregards the fact that the alien is here illegally."

Basically, like Oklahoma, the other state that wants to terrorize people from helping the undocumented, giving someone a lift to the hospital, school, store, etc. and the driver knows they are undocumented criminalizes the citizen being a Good Samaritan.

    A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States.

While no one would like to believe police officers would abuse their positions, unfortunately that's not the case, especially in Arizona which is home to the infamous Sheriff Arpaio.

This section of the law could be abused in going after Latino citizens. If a warrant is not needed that gives the officer the first excuse of getting his foot in the door to look for other signs of, real or imagined, violations of the law.

    A law enforcement agency may securely transport an alien who is unlawfully present in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.

Basically, this allows for the "disappearance" of undocumented immigrants. Since these immigrants are not afforded the opportunity to contact family members to let them know what has happened to them, this "transport" to facilities outside the region and/or state is a cruel act to perpetuate on a family worried to death about where their husband, wife, mother or child is.

    A person may bring an action in Superior Court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order any of the following...

This section may actually be one of those things that comes and bites the state of Arizona in the ass. It allows for everyday citizens -- in addition to the Minuteman, Tea Party and other racist extremists -- to bring to court any law enforcement agency or city official deemed not enforcing the full extent of the immigration law.

For those people who are so prejudicial that any Latino is one too many, they would now have recourse to legally exhibit their discrimination -- without fear. The way the bill reads on about what would happen to the person who brings the charges is that they would be rewarded by having their court costs and attorney fees covered.

It goes on to say how the "entity" would be punished for not complying with the law if it was found to be guilty but nothing would be done to the person for bringing the charges, other than they would have to pay the court costs and attorney fees.

It's a blatant attempt to encourage citizens to turn against their neighbor and their local city and law enforcement officials -- and it serves to not only destabilize the social fabric of Arizona but make it such an unfriendly place by empowering the person on the street to challenge law enforcement that this bill redefines what the Wild West is in the 21st Century.

Petitions have been set up by such organizations as the National Council of La Raza and the United Farm Workers urging Arizona Gov. Brewer to not sign into law a bill that has the potential to harm both citizen and non-citizen Latinos in the state.

Governor Brewer signed it this afternoon.   

WHEEEEE!  Welcome back to 1950!

[Jasper]

Sorry Dok, but I hate your state. 

Actually I hate that entire quadrant of the country.  It ought to be glassed and turned into solar panel farms.

[The Wizard]

In school Monday, when most of the school does the pledge of allegiance, I'm just going to wait until they get to "Land of the Free" and then projectile vomit onto the nearest redneck.

The worst part is that none of this shit even surprises me anymore.

[Jasper]

It's not supposed to surprise you.  You're supposed to just sigh and get on with your drab, wretched life.

Consider that.

[Z³]

I cant fucking believe this shit. I mean, I'm pretty disgusted by ANY law which removes the restriction of needing a warrant from law enforcement, but for such a law to blatantly target a specific minority group is beyond what even I thought was possible.

[E.O.T.]

TURNER INDUSTRIES

          simply, ought not to hire anyone who is not white. They obviously are not an equal opportunity employer in the true sense, so why waste everyones time and create all the drama?

SO FAR AS IMMIGRATION

          the turner industries article is like apples to az's oranges.

QUOTE:

         
    Anyone whom police suspect of being in the country illegally to produce "an alien registration document," such as a green card, or be charged with a Class 1 misdemeanor and pay a minimum $500 fine.

An act that immediately criminalizes an undocumented immigrant and impacts their chances of ever returning to the United States. This is problematic since many undocumented have lived in the country for years and their families are of mixed-status.

IF

          this were in Wisconsin, or Alaska, I'd say this was suspicious. However, being a border State (if not THE border state), AZ is at the heart of the illegal issue.

          -let me address right now the media confused label of 'illegal immigrant'. one is either here in the u.s. as a legal immigrant, or one is here illegally.

          for EVERY country in the world, illegal presence is a crime.

          entering the u.s. 'under the radar' is very, very expensive for individuals who choose this and it can be a life-threatening, dangerous excursion. read up on the human border trafficing and you'll be like, fuck

          it is a shitty job for cops to have to take this on, but cops have shitty jobs to do.

QUOTE:

              Makes it illegal to seek work from a road or sidewalk if doing so slows traffic. It also makes it a crime to pick up someone if a driver "knows or recklessly disregards the fact that the alien is here illegally."

           o.k., i read this entirely different than you did, Dok. as a person in the "trades(carpenter)" I've got A LOT to say about activity involving illegals. i understood this to equal (=) that stretch of Burnside bridge in portland which has (mostly) illegals lined up daily waiting for work. i've had friends get hired by the guys in pick-ups on the bridge, told they'd be working 8-10 hours for "food", drove to a jobsite, worked like a dog all day and were "fed" a bag of chips and a coke, for a full days work. Like the chips you buy at a bar for a dollar cuz yer buzzed.

          i can't tell you how many times i've been on a jobsite and seen a contractor hire illegals for unsafe, un-permitable work. usually involving asbestos exposure or dangerous moulds.

          I WOULD LOVE TO SEE THOSE MOTHERFUCKERS BUSTED FOR THEIR SLAVE LABOUR BULLSHIT!

QUOTE:

          A law enforcement agency may securely transport an alien who is unlawfully present in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.

Basically, this allows for the "disappearance" of undocumented immigrants. Since these immigrants are not afforded the opportunity to contact family members to let them know what has happened to them, this "transport" to facilities outside the region and/or state is a cruel act to perpetuate on a family worried to death about where their husband, wife, mother or child is.

          - this is (further)proof that we are no longer a first world country, you may be too informed Dok, and therefore a conspiracy theorist, however this is way too "midnight Obama express"

ON A PERSONAL LEVEL

          I know and work with both hispanic/ Mexican "immigrants"(read:U.S. Citizens) and illegals. I encourage and promote both to help themselves and their families equally, I could never conceive of turning someone in because they're illegal. They're trying to better their situation, but I do know they're very aware of what they are doing and have their own reasons for the what/why.

          Nigel recently accompanied me when I went to check out the "day labour" site which the city of Portland set up, there are several, but they are directly across the street from the illegal labour "sites"(burnside bridge, etc.) These day labour sites have a $10- an hour guarantee with negotiable plus wages between employer and worker based on skill.
          Now, as a self employed carpenter, i charge a sliding scale, and often charge $25-30 an hour for my finish carpentery(a total deal!!), but i'm not too proud to dig ditches for $10- an hour to bring home some spam. I WAS TOLD BY THE ORGANIZER that they had been sending out about 2 guys a day on average!! the 'illegal' situation across the street probably turns over 30-40 workers a day. these are HUMAN BEINGS working mostly in conditions which we as a society deem INHUMAN(we've spent centuries to establish working conditions), for far, far less than a liveable wage.

          If my house were our country, openly having no immigration requirements would be like removing my front door, for anyone to come and take what they want. My household cannot support an economic chaos, or a chaos of humane-ness.

ALSO

          i demand the re-instatement of teabagger

[Doktor Howl]

EOT, you're missing a fine point of the law, here.

If an Hispanic is pulled over and doesn't have ID (even if he isn't the driver), he is guilty of the misdemeanor, even if he is a citizen or legal resident.  IE, he can be released from detainment upon proof of legality, but is still guilty under this law of not having the ID on his person.

Your papers, citizen?

[Template]

EOT, you're missing a fine point of the law, here.

If an Hispanic is pulled over and doesn't have ID (even if he isn't the driver), he is guilty of the misdemeanor, even if he is a citizen or legal resident.  IE, he can be released from detainment upon proof of legality, but is still guilty under this law of not having the ID on his person.

Your papers, citizen?

Hmm...
Trying to ascertain the truth of that.  I'm resorting to actually reading the text of these laws.  Also presenting snippets for others to see.

It seems that you can't fuck over a citizen with this law, but you can add criminal trespass to the shit through which you put a permanent resident or someone with just a visa.

The Arizona bill in question
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.htm

Sec. 3.  Title 13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1509, to read:
13-1509.  Trespassing by illegal aliens; assessment; exception; classification
A.  IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF TRESPASSING IF THE PERSON IS BOTH:
1.  PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
2.  IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).

B.  IN THE ENFORCEMENT OF THIS SECTION, THE FINAL DETERMINATION OF AN ALIEN'S IMMIGRATION STATUS SHALL BE DETERMINED BY EITHER:
1.  A LAW ENFORCEMENT OFFICER WHO IS AUTHORIZED BY THE FEDERAL GOVERNMENT TO VERIFY OR ASCERTAIN AN ALIEN'S IMMIGRATION STATUS.
2.  A LAW ENFORCEMENT OFFICER OR AGENCY COMMUNICATING WITH THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT OR THE UNITED STATES BORDER PROTECTION PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

US Code referenced

(e) Personal possession of registration or receipt card; penalties

    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.

(a) Willful failure to register

    Any alien required to apply for registration and to be fingerprinted
in the United States who willfully fails or refuses to make such
application or to be fingerprinted, and any parent or legal guardian
required to apply for the registration of any alien who willfully fails
or refuses to file application for the registration of such alien shall
be guilty of a misdemeanor and shall, upon conviction thereof, be fined
not to exceed $1,000 or be imprisoned not more than six months, or both.

Definition of "Alien"

(a)(3) The term "alien'' means any person not a citizen or national of
the United States.

[Mesozoic Mister Nigel]

EOT, how you would like to hope the law would be enforced is one thing.

There are already laws against employing illegal immigrants. What this law has done, specifically, is remove warrant requirements. It opens the door for harrassment of anyone who "looks Mexican". It's a bad law. In Arizona, if you were giving a Latino friend a ride to work, the police could legally pull you over because your friend is Latino. If your friend doesn't have proof of being a US citizen (do you carry your passport or birth certificate at all times?), you could both be detained; him for being brown, and you for giving a brown guy a ride.

In Arizona, if I was driving though with my kids I could be pulled over for being brown, and all four of us could be thrown into jail until I could produce birth certificates. I am concerned about the part that says the arrested will not be afforded the  opportunity to contact family members... if that is true, it would mean I would not have the ability to call home and get the documentation I would need to prove citizenship.

The poor drafting of even a well-intentioned law can have disastrous consequences.

While no one would like to believe police officers would abuse their positions, unfortunately that's not the case, especially in Arizona which is home to the infamous Sheriff Arpaio.

It's Arizona. This law WILL be abused.

[Requia ☣]

I'm guessing trespass is one of those things they can boot the legals out of the country for?

Cause that would mean that they've set themselves up to kick people out for 'trespassing' on a public sidewalk.

[Doktor Howl]

It's Arizona. This law WILL be abused.

Bad day to be smudgy in Tempe.

Tucson cops are a little more savvy.  They haven't spent 5 years building trust with the community to piss it all away on this.  Of course, the bill's sponsor wants to be governor, and he'll draft legislation to punish Tucson for not going along with it.  Again.

[Pope Pixie Pickle]

I am very glad I didn't emigrate to Arizona.

This legislation seems like a nasty piece of work.

[Kai]

Americans: Pissing away American freedoms since 1787.

[BabylonHoruv]

EOT, you're missing a fine point of the law, here.

If an Hispanic is pulled over and doesn't have ID (even if he isn't the driver), he is guilty of the misdemeanor, even if he is a citizen or legal resident.  IE, he can be released from detainment upon proof of legality, but is still guilty under this law of not having the ID on his person.

Your papers, citizen?

Actually, I'm pretty sure this applies to everyone, not just Latinos.  If a cop wants to hassle you he can just say you sounded like you had a Canadian accent (for Whites) or a West Indian one (For Blacks)

[Kai]

But you see, he won't. Which makes it a dumb argument.