Friday, May 21, 2010

Arizona's immigration law

Although Arizona's new immigration Law is similar to the Federal Law, already on the books, if anything it is far less problematic. Did you know that the Supreme Court already ruled, in a unanimous 2005 decision, MUEHLER V. MENA (03-1423) , that under Federal law,  the cops can pull you over for absolutely no reason and demand to see your immigration papers?

The issue in Mueler v. Mena was: Under what circumstances can a police officer stop you and ask you certain questions?
In this case the court ruled, verbatim:
"The officers did not need reasonable suspicion to ask Mena for her name, date and place of birth; or, immigration status"
*Therefore, the United States Law of the Land says that cops do not need reasonable suspicion or anything else to ask you about immigration status; however under the Arizona's Law they do! Therefore all of the Leftist media and illegal alien driven hoopla is complete nonsense and simply another example of race baiting by the left to avoid defending positions which are indefensible.
*The sole purpose of the Arizona law was to spotlight the Federal Government's failure to protect and close the boarder which has become a catastrophic financial and criminal burden for Arizona. In recent years Arizona has become the primary entrance point for illegal immigrants.  Uncontested figures say that today there are between 436,000 and 560,000 illegal aliens living in Arizona, who tax payers are forced to subsidize: housing, food, medical, education, legal....
*Racial profiling, is against the law everywhere in the United States and legal recourse is available when law enforcement steps over the line and someone has been damaged, via the 1983 US Federal Statute; § 1983. Civil action for deprivation of rights
Arguing  a position relating to the probably of a hypothesis coming to fruition, is as ridiculous as saying, that since a lone police office has the ability to kill an innocent person, with his job issued revolver, society will be better off with an unarmed police force. In addition, this week, the disingenuous left has been forced to recant.  Both the President and his leftist Constitution hating lap dogs, A.G. Holder and Homeland Security Chief Napolitano have been forced to tone down their radical lies and now say that, “The law may lead to profiling or discrimination" which is a change from the vile rhetoric, they spewed for more than an entire month, which was that "The law was racist."
*Obama is failing and being destroyed on all fronts. The economy sucks, unemployment is 10%, his foreign policy exploits have been beyond ridiculous, every candidate he supports has been defeated (if you included primaries and Specter he is now 0-4) and his national poll numbers are the lowest ever recorded, for a president at this point of his term. This is why he and his cronies are doing their best to create a diversion and aim the spotlight on something other than their incompetence,
*Although many people in District 15 may be happy with President Obama and ignorant to the facts surrounding the AZ Law, it is important to know that these people and the liberal main stream media are in the minority. According to all Polls, both conservative and liberal Americans of both parties Democrats and Republicans support the Arizona law. Initial polling showed 74-78% of Arizonians in support of the poll and 59 to 65% of Americans in support of the law. Most Americans approve of Arizona's new immigration law. And by wide margins. According to Pew, the overall number is 59 percent. The New York Times poll came in at 60 percent. According to the NBC/Wall Street Journal poll, that overall number is higher still: 64 percent.  However, new polling data this week shows that 79 to 84% of American Citizens support Arizona's new law. These figures are overwhelming and show that American citizens support Arizona's new law by more than 2 to 1 (the truth has a way of shining through).

The latest Fox Opinion Dynamics poll show 84% of Registered American voters favor the law, what’s even more interesting is that 75% of the self proclaimed Democrats (Including Hispanic Americans) also are in favor of the Arizona Law.   Question 35

A new Rasmussen Poll comes out tomorrow, but all polls indicate that the issue will inevitably further damage Obama and his leftist cohorts. The fact that yesterday, Obama allowed the President of Mexico to disparage the will of the American People and state in his speech from the White House that he was against Arizona's new law may represent the tipping point for many Americans. Here's the rub: if you are an illegal alien in Mexico you are subject to 2 years in prison. If you are an illegal alien and caught a second time, you are subject to a 10 year jail sentence. I have an idea; let's change American laws so they are identical to the immigration laws of Mexico, where illegal immigration is not a national problem. The hypocrisy here is beyond imagination.  In a sane world, insolent, contemptible statements like this would be condemned by the President of the United States as an insult to our national sovereignty.


Maggie Thornton said...

The problem is, we have to wait for this to get to SCOTUS, because Obama Justice doesn't care about the previous ruling. If nothing else works for them, then delaying as long as possible will bring them votes (or so they believe).

The lawlessness in this DOJ was once creeping. Today it gallops.

The Prairie Schooner said...

I have not looked at whether the Arizona law is more restrictive than the federal law or not, but you HAVE misstated the federal holding. Under federal law the officer must have a reason to pull you over. This is a very low standard. For example, the officer can pull you over if you drive as little as one mile over the speed limit. In general, once he has you pulled over, he can question you only about the reason for stopping you unless he observes, either in your actions or if in something suspcious in plain sight within the vehicle, an observable fact that gives him "reasonable, articulable suspicion" that you could be engaged in some illegal activity. If he makes that sort of observation, he can question you about his suspicion. The significance of Muehler v. Mena is that the officer can question regarding immigration status whether nor not there is a reasonable suspicion. So you are correct, at least in part, for saying that federal law allows the officer more leeway if he is asking about immigration status than he would be given if he was asking about drug possession or other wrongdoing.

have a nice day