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Greg Siskind on Immigration Law and Policy

CHRISTIAN ORGANIZATION VOWS TO DEFY ARIZONA LAW

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The Sojourners are condemning the new law and promising civil disobedience. Here is their leader Reverend Jim Wallace's statement:

The law signed today by Arizona Gov. Brewer is a social and racial sin,
and should be denounced as such by people of faith and conscience
across the nation. It is not just about Arizona, but about all of us,
and about what kind of country we want to be. It is not only
mean-spirited - it will be ineffective and will only serve to further
divide communities in Arizona, making everyone more fearful and less
safe. This radical new measure, which crosses many moral and legal
lines, is a clear demonstration of the fundamental mistake of
separating enforcement from comprehensive immigration reform.
Enforcement without reform of the system is merely cruel. Enforcement
without compassion is immoral. Enforcement that breaks up families is
unacceptable. This law will make it illegal to love your neighbor in
Arizona, and will force us to disobey Jesus and his gospel. We will not
comply.

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Comments

  1. Another Voice's Avatar
    The thing is, people are not going to be in church 24/7 and the AZ authorities know that....
  2. George Chell's Avatar
    It is a police state, no doubt. When is the first legal challenge?
  3. George Chell's Avatar
    Send Reverend Franklin Graham to preach unity and acceptance of other Christians by white Christians!
  4. Jack's Avatar
    "...the fundamental mistake of separating enforcement from comprehensive immigration reform. Enforcement without reform of the system is merely cruel."

    So enforcement after reform won't be? Why?
  5. LFWF's Avatar
    Because presumably reform will provide some legal routes that unskilled workers can practically use. That's why. At this time that pathway does not exist de facto.

    I'm not exactly an open borders advocate. But I know that you can't stop the movement of labor that easily when the jobs are available. So if you do not provide a legal channel, theyw ill come anyway.

    Still waiting for your answer Jack. Is pulling brown skinned people over because their clothes don't look right and asking for papers right or wrong? You hedged on it last time, said you weren't commenting on whether its right and then spouted a bunch of legalese. So let the chips fall and humor us in the bargain...where do you stand...right or wrong?

  6. Jack's Avatar
    "Is pulling brown skinned people over because their clothes don't look right and asking for papers right or wrong?"

    What I meant is that my opinion doesn't matter and the case law allows race as a factor but since you are interested, I think you have to be very careful with that factor not just in immigration law policing but in non-immigration law policing. That said, comparatively speaking, in terms of how reasonable the factor of race is in establishing reasonable suspicion I think that "Mexican appearance" in and of itself is more reasonable, i.e., of a higher probative value, in whether a person in a Mexican border state is in violation of immigration law than being black makes you likely to be guilty of a reported crime where they're looking for a black suspect in a black neighborhood.

    I think clothing is a relatively weak factor in establishing reasonable suspicion in a moving car stop because the look you can get can be brief, your view is always partially blocked, or it can be too dark. However, if you already make a stop based upon a totality of factors, including or not including manner of dress, and you then get a good look at how the passengers are dressed and they, e.g., look like they have been hiking for several days, that is something I think could be used to build probable cause. From what I gather, when it comes to immigration law, once you stop a car the driver's license is the biggie. If they don't have one or it looks fake, that is of very high probative value for illegal presence if they are of "Mexican appearance". Because race is legally allowed as a factor and that someone of Mexican ancestry is more likely (particularly in Arizona) to be an illegal alien than those of other national origins, if that person looks Amerindian they are theoretically at a legal disadvantage when it comes to being suspected of being an illegal alien. If there are no other factors, it shouldn't matter, but especially if you were not born in the U.S. and don't intend to lie if questioned about that, it probably makes sense to not drive without your license (not that you should anyway)--just to be safe. Of course, this was true even before 1070 so I'm not sure if it's really that different now but why run even a slight risk of being detained until ICE can check you out.


    P.S.

    While reading about 1070, I stumbled upon this: did you know that the Arizona Department of Public Safety, 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. Does your state have that?

    http://www.azdps.gov/About/Reports/docs/Traffic_Stop_Response_2009.pdf
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