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Greg Siskind on Immigration Law and Policy

ESCOBAR V. BREWER

Rating: 4 votes, 5.00 average.
Here is the text of the lawsuit filed today challenging Arizona's law.

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  1. Jack's Avatar
    This opinion piece by one of the law's authors addresses some of the issues in the pleading.

    http://www.nytimes.com/2010/04/29/opinion/29kobach.html

    For instance, how is this law, on its face, violative of the Fourth Amendment (as alleged in Count Five)? "Reasonable suspicion" is an established legal standard and the statute doesn't even define it (which if it did, might deviate in some way from the case law which defines what "reasonable suspicion" is). Critics of the law are presuming bad faith, egregious violations of the Constitution by law enforcement and it must be highly insulting to them.
    What if we took out race and color even where they are allowable by the Constitution. Maybe it would let some violators of law get away, but it would seem very often you don't need race to get reasonable suspicion and probable cause and it would give those who are generally opposed to immigration enforcement less to demagogue with in the political battle. For instance, if you pull over a van loaded with unrelated, U.S. ID-less people who look they've been out in the desert for days, etc. does it really make any difference what race or color they are in order to establish probable cause? If the number who get away is low enough, it would be worth giving up some enforcement (and not take the law to the legal limit) in order to play it extra safe on civil rights. Would the anti-enforcement people even appreciate that or demagogue just as much anyway? If they did, it might expose them as simply anti-enforcement wrapped in a civil rights concern fig leaf.

    *Unless factor records are kept it would be impossible to know how often race is needed as a factor to establish reasonable suspicion and/or probable cause, but where records are kept you could get a rough idea by assessing whether there would have been enough "but for" the race factor. A good source might be the Arizona Department of Public Safety, which in moves intended to prevent and detect racial profiling, is making internal changes that include requiring Highway Patrol officers to "document pre and post-stop indicators", i.e., to record why they stop and search vehicles. In other words, the creation of a contemporaneous record which pins the cop down so they can't make things up later.
    http://www.azdps.gov/About/Reports/docs/Traffic_Stop_Response_2009.pdf
  2. research paper 's Avatar

    Many institutions limit access to their online information. Making this information available will be an asset to all.
  3. George Chell's Avatar
    Kris Kobach has no clue what he is talking about...affiliated with FAIR which is a hate group!
  4. Legal and no longer waiting's Avatar
    Is that Kris lawyer a professor at some school in Missouri? The school needs to take a closer look at his tenure.
  5. KJ's Avatar
    Greg, any comments on this?

    http://www.denverpost.com/nationworld/ci_14985568?source=rssskipframe-www.yotify.com

  6. Greg Siskind's Avatar
    I can only tell you that a reliable source of mine had a meeting with White Houseofficials after this story saw written and they are insisting they are still pushing hard for a bill this year.
  7. George Chell's Avatar
    A different take on the news by the same newspaper...Denver Post...

    http://www.denverpost.com/commented/ci_14995736?source=commented-

    The CA Dems are trying to clean the clock of the GOP by energizing Hispanics...that is the reason for boycott calls..what would be interesting is what happens in AZ elections..Is PPP right or is Rasmussen right? We need another poll from Mason-Dixon or some other outfit. One thing is clear..if the Dems clean the clock of GOP look for more Tea baggers and racist whites moving to Arizona or Idaho. As it is many of them dont like minorities...particularly Hispanics and many dont like Asians...so this wont be a surprising move!

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