LOL!
Obama AG Critical of a Law He Admited He Had Not Read!!!
by XJW4EVR 13 Replies latest social current
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marriedtojw
I've read enough of the law to know two things. It has no real protections against racial profiling, and it's unconstitutional. Anyone with a brain has no need to read the whole thing to know these two overarching facts.
Amazing how those are "facts", yet they are patently untrue. The law, which mirrors the federal law verbatim btw, also had an amendment past explicitly stating that you are not allowed to question a person about imigration status soely due to their race.
Aside from that there are inherent tests, based on the 4th amendment to the constitution (unreasonable searches and seizures), that need to be met before you can even question someone regarding their immigration status.
1st you have to have "PROBABLE CAUSE [PC]" which means that you have enough evidence to believe a crime was committed before you can start the second test. This means that you have to see them commit some violation of statutory code (crime or infraction). An example of PC would be if you observed someone speeding, had video or some other (non-circumstancial) evidence of someone committing a theft or other crime, such as witness testimoney or video, and evidence that the crime actually occured (ie someone can't walk up to you and say they stole something and that constitutes probable cause).
This leads you to the second test, "REASONABLE SUSPICION [RS]." This test is a little less than probably cause, stating you have to, as a reasonable person, believe that a crime had been commited by the suspect before you can assume they're illegal. Such as the person does not speak english (a requirement to be a citizen), has several pieces of mail with a foreign address, or an expired VISA. Also ALL non-naturalized immigrations are REQUIRED already by their agreement to be issued the card, for the green card, visa etc... to be in possession of that card.
So for me to hear all these people say its unconstitutional, they're flat out wrong (which has been proven through the test of the federal version of the law thats already on the books). And as far as racial profiling, thats patently wrong too. Where I work we already filter out subjects who are arrested and forward them to ICE... same thing Arizona will be doing... and we don't seek out mexicans, or anyone else. Once we develop our RS of being illegal, we arrest them for what we were going to arrest them for anyways (that we have PC for), and when they get booked in we let ICE know that they're illegal. ICE transfers them from jail and continues to book them.
Actually there are several counties in the country that already do this.... and not a single incidence of an american citizen being arrested for assumption of being illegal has been documented as far as I've seen.
One last note is that all PC for the original reason for the contact has to be approved by a judge, usually within 24 hours of the arrest, and if it turns out there was false PC, then it opens up the department and employee (cop) to civil liabilities just like with any other case. And additionally, ICE won't accept someone until they have proved they are illegal (usually easily found out by the fact they will have multiple prior arrests for being illegal).
The thing that concerns me the most about this, and what I think the OP's point was, is that you have the U.S. Attorney General (Eric Holder), head prosecutor for the country, who is ADMITTING he denigrated the law publically for political reasons without due dilligence to *READ* the law and check if the law was truly unconstitutional. And that no one on the left cares. No one read the health care bill before they passed it (adding that Nanci Pelosi said we have to pass the bill to find out whats in it) and yet again no one on the left cares... these are the same people who went on and on about the patriot act and the government etc.. etc.. but I guess when you agree with the lawmakers ideology it... common sense can go out the window
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marriedtojw
The AG doesn't have time to read every law.
Wow... you liberals can be so blind when you want to be. I could imagine if this happened 4 years ago. I guess this falls under the same umbrella that the POTUS doesn't have to read the details on a local law enforcement case before he goes behind the podium of the OFFICE OF THE POTUS in an official capacity before the White House Press Corp and says that a LOCAL LAW ENFORCEMENT OFFICER (10th amendment anyone?) "acted stupidly" before he knew the facts of the case. Oh but thats ok... they all had a beer after and its all ok now.
Maybe if some officer gets killed after a riot because he arrests an illegal and a protest is sparked thanks to his administrations help in fueling the lies about the passing of the law he can have a beer with the officer's family and everything will be ok again. Just a thought....
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freydo
LET ME SEE IF I GOT THIS RIGHT!!!
IF YOU CROSS THE NORTH KOREAN BORDER ILLEGALLY YOU GET 12 YEARS HARD LABOR
IF YOU CROSS THE IRANIAN BORDER ILLEGALLY YOU ARE DETAINED INDEFINITELY.
IF YOU CROSS THE AFGHAN BORDER ILLEGALLY, YOU GET SHOT.
IF YOU CROSS THE SAUDI ARABIAN BORDER ILLEGALLY YOU WILL BE JAILED.
IF YOU CROSS THE CHINESE BORDER ILLEGALLY YOU MAY NEVER BE HEARD FROM AGAIN.
IF YOU CROSS THE VENEZUELAN BORDER ILLEGALLY YOU WILL BE BRANDED A SPY AND YOUR FATE WILL BE SEALED.
IF YOU CROSS THE CUBAN BORDER ILLEGALLY YOU WILL BE THROWN INTO POLITICAL PRISON TO ROT.
IF YOU CROSS THE U.S. BORDER ILLEGALLY YOU GET
1 - A JOB,
2 - A DRIVERS LICENSE,
3 - SOCIAL SECURITY CARD,
4 - WELFARE,
5 - FOOD STAMPS,
6 - CREDIT CARDS,
7 - SUBSIDIZED RENT OR A LOAN TO BUY A HOUSE,
8 - FREE EDUCATION,
9 - FREE HEALTH CARE,
10 - A LOBBYIST IN WASHINGTON
11 - BILLIONS OF DOLLARS WORTH OF PUBLIC DOCUMENTS PRINTED IN YOUR LANGUAGE
12 - AND THE RIGHT TO CARRY YOUR COUNTRY'S FLAG WHILE YOU PROTEST THAT YOU DON'T GET ENOUGH RESPECT
I JUST WANTED TO MAKE SURE I HAD A FIRM GRASP ON THE SITUATION.http://www.surfingtheapocalypse.net/forum/index.php?id=238211