Let's talk about AZ Senate Bill 1070...

[Indy Coug]

Regarding the check of immigration status:

"There is a basic uncertainty about what the law means and how it will be enforced," Kennedy wrote. "At this stage, without the benefit of a definitive interpretation from state courts, it would be inappropriate to assume (the provision) will be construed in a way that creates a conflict with federal law."

I think that is a reasonable position.

[RobinFinderson]

I thought this was the obvious decision here- duh of course you can't pull people over just b/c they're brown-- haven't we already decided that's wrong?


I still disagree w Police asking people for proof of citizenship b/c that just enlarges their power trip and deputizes them as de facto federal agents. If I could say everything was on the up and up and that power wasn't regularly used to abuse folks, I'd say no problem, but that ain't how it is.

I like the quote that Indy pulls up. Once a person has been detained for a legitimate reason, I don't see an inherent problem in noting the person's immigration status as a part of the detainee's profile. Perhaps it calculates into the assessment of flight risk, or will prompt a crosscheck against a database of foreign criminals. Who knows?

Under this ruling, can police detain a suspect who isn't able to provide proof of citizenship?

[Commando]

I like the quote that Indy pulls up. Once a person has been detained for a legitimate reason, I don't see an inherent problem in noting the person's immigration status as a part of the detainee's profile. Perhaps it calculates into the assessment of flight risk, or will prompt a crosscheck against a database of foreign criminals. Who knows?

Under this ruling, can police detain a suspect who isn't able to provide proof of citizenship?

No, especially since DHS has revoked database access from Maricopa County. They will just radio ICE, however, who will be more than eager to give the suspect a ride to Central Booking, then transferred to a facility in the middle of the desert in Florence or Eloy where they will be served with immigration charges. The police don't charge them with anything, but deny release based on a discretionary "INS hold."

[Commando]

Regarding the check of immigration status:



I think that is a reasonable position.

yeah it's the position to take if you're fair-minded. It's too bad that, because it is Arapaio, you know that sb1070 would be likely implemented in a way that indeed conflicts w federal law-- especially brought into sharp focus by the civil lawsuits from the feds vs. sheriff joe + DHS' castigation of Maricopa county, etc...