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Greg Siskind on Immigration Law and Policy

ARIZONA LOSES ANOTHER BATTLE IN THE COURTS

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Opponents of Arizona's SB1070 immigration law scored another victory in the courts yesterday. In the case of Friendly House v. Whiting, the court overruled a motion to dismiss the case challenging the law. The judge noted that "Racial discrimination was a motivating factor for [S.B.] 1070's enactment" which establishes a legitimate constitutional challenge to the law. While this is only the opening round in the case, it does suggest that the defenders of the law will have a tough time convincing the judge that the law is constitutional. 


 




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  1. George Chell's Avatar
    Is this why majority of Americans, especially in Arizona want to deport fellow Christians? That is the question we need to post to Arapaio and Brewer....

    http://www.rasmussenreports.com/public_content/lifestyle/general_lifestyle/october_2010/50_of_americans_think_life_would_be_better_if_more_lived_as_christians
  2. Jack's Avatar
    I haven't read the whole thing but the way you worded it sounds like a finding of fact that racial motivation was a factor in 1070's enactment while similar releases refer to the plaintiff's CLAIM of that motivation is what establishes the constitutional challenge.

    What I find interesting is:

    "Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested will, on its face, impermissibly expand the scope of detention for many arrestees because their liberty will be restricted while their status is checked."

    I can't remember the details, but I believe the attorneys defending 1070 against the federal suit argued that the legislative intent was that only those suspected of being illegally present would have their status checked, not every person arrested. Some of 1970's supporters were incredulous that Susan Bolton's ruling seemed to be based on a belief that every person arrested would have their status checked. This looks like the same deal.
  3. George Chell's Avatar
    Arizona was supposed to get two extra electoral votes (congressional districts) in 2011...however, now with the illegals leaving AZ will likely get only one. This brings me to the 14th amendment and why the GOP wants to get rid of it. It will increase illegal population in states such as GA and they will gain when the next (2020) redistricting comes around. Thier trick is to draw a district or districts where Hispanics are a majority but more than 50% of the eligible voters happen to be white and most likely racist.
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