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Another Setback For Arizona Immigration Law

Another Setback For Arizona Immigration Law

Arizona’s harsh immigration measure was dealt another legal blow as a federal court judge ruled that racial discrimination was a motivating factor for S.B. 1070′s enactment.  The ruling came in the case of Friendly House et. al v. Whiting et. al  a lawsuit filed by the American Civil Liberties Union and a coalition of civil rights.

The suit is separate and distinct from the suits filed by the federal government that challenge the law based on a separation of powers/supremecy clause argument.  Instead, Friendly House takes racism underlying the law head on, arguing that it invites racial profiling of people of color and violates the First Amendment, in addition to interfering with federal law. 

Which makes this ruling all the more significant.  Many saw the government’s victory in the July 28, 2010 injunction as a bit of a given since it is well-settled law that a significant amount of immigration enforcement lies exclusively within the province of the federal government, and some were even critical of the Department of Justice for not taking a stronger stand concerning the racial discrimination inherent in the bill. 

Now there’s not one, but two federal courts of record ruling against the measure.  Which means it’s long past time to deal with comprehensive immigration reform.

It’s a point made apparent by Adam Serwer who argues that, much like the war on drugs, the war on illegal immigration is a failure of its own rhetoric.  An increased enforcement effort aimed at further criminalizing immigration does not deter undocumented people from entering this country any more so than additional enforcement efforts deters illegal drug use. 

In fact, it has the same, counter-productive effect.  Increase the law enforcement presence around illegal immigration and you only make it more dangerous, drive it further underground and make it more lucrative for those already in the business of exploiting and trafficking in humans.

That means that increase funds for border security doesn’t make the border any safer, which leads to more demand for border security, which inevitably leads to more money going toward border security.  But perhaps, given Gov. Brewer’s ties to the private prison industry, this is a calculation her team had already figured out.

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176 comments

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1:23PM PDT on Sep 23, 2012

Thank you.

1:22PM PDT on Sep 23, 2012

Thank you.

9:34AM PDT on Oct 20, 2010

"The Truth About Racial Profiling: Seven Facts (Amnesty International USA )"

I have a hard time understanding how "racial profiling" can be profiling?

RACIAL PROFILING — n
government activity directed at a suspect or group of suspects based solely on race

PROFILING — n
the act of suspecting or targeting a person on the basis of observed characteristics or behavior

Seems to me that one is a single item of data, while the other is compilation of a larger quantity of data.

There is such an insistence and focus on race being the sole issue involved in police contact with the populace by certain people that race must be the central divider of people in their own life. Further expressed by the fact that these are posted after a scenario was posted that they have all ignored. Wonder why? Could it have disproven their so-called case?

9:23AM PDT on Oct 20, 2010

"
To assume that everyone will get their due process is nonsense, because enforcement of the law,is subject to human bias. Have you never heard of someone getting pulled over just to be messed with? Or maybe a woman getting stopped and then asked to do something in return for a ticket dismissal? While I believe most officers of the law enforce the laws of the country correctly “according to the law,” there will always be some bad apples who will try to abuse the authority of the nations laws!"

But what you are proposing is to rule by the exception rather than the rule. Is that not how one would define anarchy?

6:18PM PDT on Oct 19, 2010

To assume that everyone will get their due process is nonsense, because enforcement of the law,is subject to human bias. Have you never heard of someone getting pulled over just to be messed with? Or maybe a woman getting stopped and then asked to do something in return for a ticket dismissal? While I believe most officers of the law enforce the laws of the country correctly “according to the law,” there will always be some bad apples who will try to abuse the authority of the nations laws!

The Truth About Racial Profiling: Seven Facts (Amnesty International USA )

“A staggering number of people in the United States are subjected to racial profiling. Approximately 32 million people, a number approximately equivalent to the population of Canada, report they have already been victims of racial profiling. Victims of racial profiling include Native Americans, Asian Americans, Hispanic Americans, African Americans, Arab Americans, Iranian Americans, American Muslims, many immigrants and visitors, and under certain circumstances, white Americans.” - amnestyusa.org

“Racial profiling is a human rights violation. Racial profiling violates international standards against non-discrimination and multiple treaties to which the U.S. is party, including the UN Convention for the Elimination of All Forms of Racial Discrimination (CERD) and the International Convention on Civil and Political Rights (ICCPR).” - amnestyusa.org

http://www.amnestyusa.o

3:06PM PDT on Oct 19, 2010

"Arizonia sucks,and any other state that wants to adopt this asinine law!!!"

Should be clear by now that I think you are wrong. If what is takes is for the states to aggressively prosecute Federal law, so be it. If it allows us to get a handle on the problem.

10:22AM PDT on Oct 19, 2010

Arizonia sucks,and any other state that wants to adopt this asinine law!!!

7:55AM PDT on Oct 19, 2010

"What assumption? That African-Americans are being profiled or that illegal aliens are breaking the law?"

Let's put it this way. Law enforcement profiles. But they profile activity. No profile consists of a single datum. Race AS profiling is a single datum. Hence if that were to be the sole issue it can not be profiling.

To claim so means that you believe that a officer sees a Black, or Hispanic and decides that just because they were seen they must be stopped.

Profiling is; in a neighborhood of $400,000 houses, there is a 30 year old car, moving through the area at 3 mph, occasionally stopping at different houses, car contains three people. What is the chance they are casing the neighborhood?

7:19PM PDT on Oct 18, 2010

What assumption? That African-Americans are being profiled or that illegal aliens are breaking the law?

4:03PM PDT on Oct 18, 2010

"Lisa, I totally agree with you. However, you left out African Americans who have always been and still are being profiled. If these people can be profiled simply based on the color of their skin, why shouldn't people who are actually breaking our laws be profiled?"

You are making an assumption here.

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