Thursday, April 22, 2010
1070 = gestapo
Miguel Guadalupe, Arizona's SB1070 Gestapo Law Reveals Right Wing Version of "Liberty." (Huffington Post)
full text of SB 1070
www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf
some key provisions:
requirement for officers: "[where] REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON."
comment: doesn't define "reasonable suspicion" and doesn't say what factors an officer can take into account when making his/her assessment.
citizens (both native-born and naturalized) can be arrested: "A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES."
comment: this essentially makes it a crime for citizen X to give (via voluntary action, the way they look, etc) an officer probable cause to believe that the X is undocumented. i highly doubt this would pass constitutional muster.
none of this applies to citizens? "THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES."
comment: i need to look into this, but what effect do sections such as these have on criminal statutes? are citizens exempt from arrest? can they be arrested but not prosecuted?
some key provisions:
requirement for officers: "[where] REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON."
comment: doesn't define "reasonable suspicion" and doesn't say what factors an officer can take into account when making his/her assessment.
citizens (both native-born and naturalized) can be arrested: "A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES."
comment: this essentially makes it a crime for citizen X to give (via voluntary action, the way they look, etc) an officer probable cause to believe that the X is undocumented. i highly doubt this would pass constitutional muster.
none of this applies to citizens? "THIS SECTION DOES NOT APPLY TO A PERSON WHO MAINTAINS AUTHORIZATION FROM THE FEDERAL GOVERNMENT TO REMAIN IN THE UNITED STATES."
comment: i need to look into this, but what effect do sections such as these have on criminal statutes? are citizens exempt from arrest? can they be arrested but not prosecuted?
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