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ACLU Hits Back at Arizona’s ‘Your Papers!’ Law
Arizona Governor Jan Brewer-Himmler
Update: AP: Arizona’s new immigration law is unconstitutional
Civil liberties fight looms on Arizona’s new look-like-an-immigrant law on Fourth Amendment and 14th Amendment grounds, as the political consequences of the newly signed statute look to dampen the GOP’s appeal to America’s largest-growing ethnic group.
The Obama adminstration stated last Friday it will “examine the civil rights … implications of this legislation.”
From the ACLU:
Arizona Immigration Law Threatens Civil Rights And Public Safety, Says ACLU
PHOENIX – Arizona Governor Jan Brewer today signed into law Arizona’s discriminatory immigration enforcement bill which requires law enforcement to question individuals about their immigration status during everyday police encounters. The law creates new immigration crimes and penalties inconsistent with those in federal law, asserts sweeping authority to detain and transport persons suspected of violating civil immigration laws and prohibits speech and other expressive activity by persons seeking work. The American Civil Liberties Union and the ACLU of Arizona strongly condemn the governor’s decision to sign the unconstitutional law and are dismayed by her disregard for the serious damage it could cause to civil liberties and public safety in the state.
“Governor Brewer and the Arizona legislature have set Arizona apart in their willingness to sacrifice our liberties and the economy of this state,” said Alessandra Soler Meetze, Executive Director of the ACLU of Arizona. “By signing this bill into law, Brewer has just authorized violating the rights of millions of people living and working here. She has just given every police agency in Arizona a mandate to harass anyone who looks or sounds foreign, while doing nothing to address the real problems we’re facing.”
The new law, which will not go into effect for more than 90 days, requires police agencies across Arizona to investigate the immigration status of every person they come across whom they have “reasonable suspicion” to believe is in the country unlawfully. To avoid arrest, citizens and immigrants will effectively have to carry their “papers” at all times. The law also makes it a state crime for immigrants to willfully fail to register with the Department of Homeland Security and carry registration documents. It further curtails the free speech rights of day laborers and encourages unchecked information sharing between government agencies.
“Forcing local police to demand people’s papers and arrest those who can’t immediately prove their status will do nothing to make us safer,” said Dan Pochoda, Legal Director of the ACLU of Arizona. “What it will do is divert scarce police resources to address false threats and force officers to prioritize immigration enforcement over all other public safety responsibilities. It is a dark day for Arizona when the goalof appeasing one state Senator, Russell Pearce, takes priority over fundamental rights and economic needs of residents.”
Before the governor signed the bill, President Obama criticized it harshly, calling it “misguided” and saying that it threatens to “undermine basic notions of fairness that we cherish as Americans.” Obama promised to “closely monitor the situation and examine the civil rights and other implications of this legislation.”
The president’s statement is consistent with his longstanding opposition to anti-immigrant laws that attempt to bypass the federal government. As a senator, he lauded the 2007 legal ruling blocking the anti-immigrant law in Hazleton, Pennsylvania, calling the law “unconstitutional and unworkable.”
Despite the president’s statements, his administration has not taken strong action against state and local anti-immigrant laws, paving the way for extreme laws like the one signed today. Currently, the administration has a prime opportunity to take a stand on the issue, because the solicitor general will soon file a brief explaining the administration’s position on Arizona’s unconstitutional employer sanctions law, passed in 2007, which creates a state-level immigrant employment verification and sanctions regime.
“Actions speak louder than words,” said Omar Jadwat, a staff attorney with the ACLU Immigrants’ Rights Project. “As the federal government sits on its hands, Arizona’s anti-immigrant brushfireshave turned into a firestorm. We call on the administration to file a brief categorically opposing Arizona’s employer sanctions law to demonstrate its commitment to stopping anti-immigrant laws that interfere with federal authority, wreak havoc on businesses and cause discrimination against Latinos.”
Additional materials on the “Support Our Law Enforcement and Safe Neighborhoods Act” signed by Governor Brewer today, including the ACLU of Arizona’s analysis and written testimonies against the law, are available at: www.acluaz.org/legislature.html
The ACLU’s cert petition in the Arizona employer sanctions case, Chamber of Commerce of the United States of America et al. v. Candelaria et al., is available at: www.aclu.org/immigrants-rights/chamber-commerce-united-states-et-al-v-candelaria-petition-certiorari
Short URL: http://www.veteranstoday.com/?p=28534
Posted by Yanira Farray on Apr 25 2010, With 0 Reads, Filed under Corruption, Legislation, Politics. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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Arizona can pass race base laws, pass Birthers laws and the state can continue to boycott Martin Luther King Day, well the rest of the Country can boycott the state of Arizona and spank them where it hurts them the most their pocket book. Their phony patriotism is sickening, they are just racists going by another name. We all know you are just itching to put a sheet on their head? Let’s face it the Republicans had eight years to deal with health care, immigration, climate change and financial oversight and governance and they failed. It appears that the Republican Party is only good at starting wars (two in eight years, with fat contracts to friends of Cheney/Bush) but not at winning wars as seen by the continuing line of body bags that keep coming home. The Republicans party will continue turned inward to their old fashion obstructionist party (and their Confederacy appreciation roots) because they continue to allow a small portions (but very loud portion) of their party of “birthers, baggers and blowhards” to rule their party. I will admit that this fringe is very good at playing “Follow the Leader” by listening to their dullard leaders, Beck, Hedgecock, Hannity, O’Reilly, Rush, Savage, Sarah Bailin, Orly Taitz, Victoria Jackson, Michele Bachmann and the rest of the Blowhards and acting as ill programmed robots (they have already acted against doctors that perform abortions). The Birthers and the Tea party crowd think they can scare, intimidate and force others to go along with them by comments like “This time we came unarmed”, let me tell you something not all ex-military join the fringe militia crazies who don’t pay taxes and run around with face paint in the parks playing commando, the majority are mature and understand that the world is more complicated and grey than the black and white that these simpleton make it out to be and that my friend is the point. The world is complicated and people like Hamilton, Lincoln, and Roosevelt believed that we should use government a little to increase social mobility, now it’s about dancing around the claim of government is the problem. The sainted Reagan passed the biggest tax increase in American history and as a result federal employment increased, but facts are lost when mired in mysticism and superstition. For a party that gave us Abraham Lincoln, it is tragic that the ranks are filled with too many empty suits and the crazy Birthers who have not learned that the way our courts work is that you get a competent lawyer, verifiable facts and present them to a judge, if the facts are real and not half baked internet lies, then, and only then, do you proceed to trial. The Birthers seem to be having a problem with their so called “facts”. Let’s face it no one will take the Birthers seriously until they win a case, but until then, you will continue to appear dumb, crazy or racist, or maybe all three. I heard that Orly Taitz now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC), she wants to re-establish a family values party, that’s like saying that the Catholic Church cares about the welling being of children in their care, too late for that.
Montana,
you are right in too many ways for the feeble minded religious nuts to understand. someday when their deity comes down and strikes them all down for their stupidity then someone might realize they were wrong all along to judge others. the majority of these evil right wingers have no ideas how their current actions go directly against all the moral teachings of their own scriptures. we need to get all the greatest thinkers of our time together and explain to the government how and why it is wrong, and then explain in a way that all Americans can understand, and maybe some change can be made. i voted for change and i still believe that change can happen. we just need to take the dumbest 80% of the population and educate or eradicate then.
kfourleaf ,, have you read your very last statement? eradicate…..you need some cool-aid of your own. I believe your change has come and will soon be gone,,,hopefully, he’ll drink the cool-aid!
Just a thought, IF the roles were reversed and we just decided to do this to Mexico or Canada, What would happen?I was taught to obey the law, I guess if your,e from Mexico or central america the laws don,t apply. Bottom line is that the illegals take jobs and are a national security threat. If i chose to visit Mexico, I obey their laws, Why don,t they obey our laws?
Mike, Excellent Question! Being married to a former illegal Mexican with family who are illegal in Arizona, let me tell you that in Mexico, a worker at a FISH PACKING PLANT gets $ 50 per week for 48 hours of work (6 days per week). They come to Arizona for more pay. Plan and simple! When you’re making $ 8 per day and cannot feed your family, you’re not thinking about “the law”. Would you? Mexicans are good people but Mexico has been abused by corporations in the past as a location for cheap labor. It is getting better but more needs to be done. USA and Mexico need to work with one another to bridge the gaps. Believe me, just like you, Mexicans don’t want to live in a place that’s NOT home. They crawl, run, jump and do whatever it takes to survive and anything less than COMPLETE AND UTTER RESPECT AND ADMIRATION for their tenacity and determination would be UN-AMERICAN! Now, stop blaming Juan the Dishwasher and take a long look at the “look the other way” policy by Politicians and Business Owners. Greed is the culprit and human dignity the victim
Thank you Governor Brewer. It’s amazing to see a politician who is brave enough to take a stand in SUPPORT of our country. Why are people shocked and angry? It’s simple. It’s not our country and it hasn’t been for a very long time. The floodgates were opened and we said please come in and make yourself at “home”. Don’t bother to register or learn our language. If we do or say anything to upset you, be sure to let us know. You have “rights”. We will change our laws to benefit you. We don’t take care of own military veterans, but we will bend over backwards to take care of you. Don’t worry about Arizona and Governor Brewer…she is far out-numbered and it won’t catch on. That would be going in the wrong direction. We want to see this country fall apart and never recover. That’s why president hussein was “elected”. He’s working on it…give him time. One Bad Awful Mistake America…… O-B-A will make us PAY.
Throwing freedom under the bus for an anti-American law is NOT a criteria for respect and honor! Gov. Brewer has abdicated her leadership role as a patriot to protect our rights and freedoms! She’s a disgrace not a hero! She did NOT stand up. She caved in! Killing everything the USA stands for is NOT the way to “take your country back”. And may I also say that, you sir, with your ugly vulgar hate speak, diminish the truly fair argument that calls for enforcement of laws and limited government. It’s ugly and stops us in the real people gallery from listening. Must you marginalize the argument and take yourself out of the discourse? I strongly encourage you to rethink your disposition and see if you can make your case intelligently with respect for your fellow citizens and neighbors.
Thanks for the laughs, the Arizona Republican Party is at the mercy of the Tea Party / Bither/ Blowhards Conservative that said nothing and did nothing while Bush and the Republican Congress were getting the country into deeper and deeper trouble. The conservatives who organize the Tea Party/ Bither protests sat on their hands and did nothing. They did nothing when the balanced budget was destroyed by Bush, nothing when Bush exploded the deficit, nothing when Bush cut taxes instead of raising them to pay for the two wars he started. So honestly who cares what your small group says or wants you are a bunch of phonies who came late to the party, game over.
My late father was honored by the Marine Corps with a three man Color Guard at his funeral. All three Men In Blue were Hispanic. They collectively had enough battle ribbons to decorate a Pentagon warrior’s chest. To treat these men as aliens unless proven otherwise is a national disgrace. Can you imagine if a state tried to pass a law that anyone who looks like a Jew can be stopped and checked for immigration status? Anyone who completes a tour of duty in the military has earned his citizenship. To treat him as less than a citizen at home is a disgrace. This law affects legal citizens as well as illegals, and in that it is wrong. It is also an usurpation of Federal authority, and probably shrewd poker – to force the Federal Governments’ hand on the issue of illegal immigration.
Andre, I completely agree with you when it comes to your assesment that a hispanic that completes a honorable tour of duty should become a citizen.We have to control the borders.We already support mexico with jobs aka Nafta etc.In case you haven,t noticed there is a Narco- War down there that is threating our country. We can,t have that. If the mexican people can,t control their own country then what happens? You and i know what will happen.Their army isn,t worth a shit and army defectors have joined the cartels.They are forcing us to react with our military, But if we do then what happens? They cry about the military along the border. I,m tired of their whinning.Get Your Shit Together, Mexico.
The Bankruptcy of America has nothing to do with Mexicans. The real parasites are Goldman Sachs, Lehman Brothers, Enron, Halliburton, and funding the Israeli War Machine . Any American with half a brain appreciates the Mexican contribution to America via their taking of menial jobs we would never take. Put your shot guns up. You know damn well you ain’t getting up at 4am, working until dusk, to pick 40 acres of peppers by hand!!
I feel the cost associated with illegal Mexicans whether it be for their education or health care is a small price. It is a justifiable financial offset for their labors in American Industry that pays pennies on the dollar with no retirement, life/health insurance, and reduction in life expectancy to put a salad on our tables. Fair is Fair
Corey, living in truth and taking personal responsibility is just tough for some. Man, it sucks! Blaming “Juan the Dishwasher” instead of looking in the mirror and finding the culprit was our own GREED with the victim being human dignity hurts man! It just hurts! Shame on us!
Gov Jan Brewer, “FOR PRESIDENT”
SECURE ARIZONA BORDER. SECURE NEW MEXICO BORDER. SECURE TEXAS BORDER.
SUCCESSION FOR SECURITY!
Succession? Interesting! Succession from who, the USA? Really now! Do you want to join the United States of Mexico instead? Succession! How romantic! Think this completely through soldier! Living in 1860 is NOT a formula for success. Besides what league are the Dallas Cowboys and Arizona Cardinals going to play in? The Confederate League with General Robert E. Lee presiding!