rssFlorida Attorney General Proposes Arizona-Style Immigration Law
Wednesday, August 11, 2010 at 1:06 pm
- 79 Comments
The administration may have hoped its lawsuit against Arizona’s SB 1070 immigration law would deter copycats in other states, but state officials continue to push for immigration measures. Florida Attorney General (and gubernatorial candidate) Bill McCollum joined state lawmakers today to push for an immigration law similar to Arizona’s SB 1070.
The draft legislation makes it a misdemeanor for illegal immigrants to seek employment in Florida, and requires immigrants to carry documentation. The punishment for not carrying immigration documentation would be up to 20 days in jail for first-time offenders.
McCollum said the bill would avoid the Arizona bill’s legal problems, the Boston Herald reports:
McCollum said at a news conference Wednesday that while the proposed Florida bill is very similar to one passed in Arizona, Florida’s bill would strictly define what is considered a “reasonable suspicion” during a lawful stop.
A federal judge in Arizona last month delayed a provision of the Arizona law requiring Arizona police officers to check a person’s immigration status while enforcing other laws.
McCollum says Florida’s proposed bill one-ups the Arizona law by allowing judges to consider immigration status in setting bond and by allowing suspects to be charged with a higher-level crime because of immigration status.
Florida Democrats oppose efforts to create an Arizona-style immigration law, but told The Florida Independent “Democrats don’t have the votes to stop it.”
Of course, McCollum isn’t the only attorney general to push for tougher immigration enforcement: Virginia Attorney General Ken Cuccinelli ruled July 30 that police officers in Virginia can check immigration status of anyone stopped or arrested in the state.
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Comment posted August 12, 2010 @ 5:02 pm
DOJ sued Arizona in wrong venue.
Article III – Judicial Branch
Article III Section 2 Clause 2:
“In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction.” (See 11th Amendment)
Paraphrasing: USA (Obama/Holder) cannot sue Arizona in the US District Court in Arizona, thus the ruling and injunction by Judge Bolton is nullified, also the case cannot go to the 9th Circuit Court of Appeals. USA (Obama/Holder) will need to file suit in the US Supreme Court. SB1070 has gone into full effect.
Comment posted August 12, 2010 @ 5:05 pm
What else hasn't Eric Holder read?
US Attorney General, Eric Holder, has admitted to not reading SB1070, before saying the DOJ will sue Arizona.
From US DOJ Website:
Criminal Resource Manual 1918 Arrest of Illegal Aliens by State and Local Officers
URL: http://www.justice.gov/usao/eousa/foia_reading_…
Comment posted August 12, 2010 @ 5:06 pm
From the Congressional Research Service
Legal Analysis of Arizona’s S.B. 1070 for the US Congress
URL: http://www.fas.org/sgp/crs/homesec/R41221.pdf
Comment posted August 12, 2010 @ 5:07 pm
From Michigan Attorney General
2010-07-14 – AG files brief supporting AZ
http://www.michigan.gov/ag/0,1607,7-164–240761…
http://www.michigan.gov/documents/ag/USA_v_AZ-_…
Comment posted August 12, 2010 @ 5:07 pm
Rhode Island Troopers have been doing for years what Arizona is proposing to do.
http://tucsoncitizen.com/fortbuckley/2010/07/07…
Comment posted August 12, 2010 @ 5:08 pm
According to the United Nations, aliens do not have a human right to be in the USA.
Aliens in the USA do not have US civil rights, they only can have civil rights in the country of their nationality.
Aliens in the US have human rights.
Aliens in the US have a human right to leave the US.
Aliens in the US do not have a human right to be here without permission of the US Attorney General.
What are immigrant rights?
“Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live” (13 Dec 1985)
URL: http://www.un.org/documents/ga/res/40/a40r144.htm
Comment posted August 12, 2010 @ 5:13 pm
John Eastman, Constitutional law attorney, Chapman professor, says:
“Arizona's law officers are NOT OBLIGATED while stopping an individual who
has committed an Arizona offense to ask for documentation of US citizenship
or a green card, but according to Federal laws is NOT PROHIBITED to ask for
these documentations when an individual is being stopped for an offense.”
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