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Old 04-26-2010, 02:41 PM   #14
ZombieEatsYou
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Not being one to trust anything the media tells us; I looked up the actual Arizona law, S. 1070. It was actually hard to find until I found the actual bill number. Anyway, section 8, para B:
"B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

and

"E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES."

I'm no lawyer but "B" seems to be saying that an officer has to have "lawful contact" with a person first. And only then, when reasonable suspicion exists, verify immigration status with ICE. And "E" is saying that the officer must have "probable cause" to believe that immigration laws must be broken before an arrest can be made. So, driving while Mexican wouldn't be "lawful contact" unless the person broke a law which then causes, for example, a traffic stop. If said individual didn't have immigration papers, nor a driver's license or some other proof of status, an arrest could be made under paragraph E.

Seems to me the intent is to strictly enforce current immigration laws instead of the willful ignoring them as is prevelent. Open to abuse? Sure, just like all laws, but you still need to show probable cause.

Anyway - here's the actual law, read for yourself.

Last edited by ZombieEatsYou; 04-26-2010 at 02:42 PM. Reason: spell
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