Immigration Policy Center Q&A Guide To SB 1070

It deserves some revisiting, because the IPC has backed up almost every single point I made in my post addressing AZ SB 1070. The professionals at the IPC have redoubled my words minus the flowery injections of mine.

Determining whether or not someone is in the country unlawfully is not as simple as checking a database. Under the civil immigration system, most people are entitled to appear before an immigration judge before they are officially determined to be here illegally and in the process they have the right to challenge that determination, apply for relief from removal (such as asylum), and have their day in court. The Arizona law circumvents that process, potentially punishing people for being here illegally based solely on the determination of a state law enforcement officer or a federal agency before a full determination has been made.

In a strange contrast Judge Andrew Napolitano, Senior Judaical Adviser Fox News, repeats my case that the very first measure of unconstitutionality to the SB 1070 bill will defeat it in the courts before every single measure of unconstitutionality is unpacked the way it was when I last wrote on this topic.

Immigration policy is the express business of the federal government, not the states. No state is able to set new immigration policy, let alone a bill this vague is nothing but a racist witch hunt designed to destroy all civil liberties. In my legal understanding, all the explorations beyond the point that proposals for immigration policy are not handled by the states are merely intellectual exercises.

SB 1070 fails every constitutional test, but the real tragedy here is the lie that supporting this bill is anything but akin to supporting racism via racial profiling. It’s not.

2 thoughts on “Immigration Policy Center Q&A Guide To SB 1070

  1. It is odd that there has been this big spike in right wing idiocy coming out of Arizona though. Texas has a higher background level of crazy and right now Arizona is like a supernova taking the attention. I wonder how long it will last.

    Actually it isn’t that strange. Arizona has been moving gradually towards the middle over the last twenty years. The population has doubled in that time and a big part of that spike wasn’t old retirees who tended to be conservative, but a lot of younger families moving from blue states, etc. In 2008 McCain only received 53.4% of the vote here in Arizona, his sixth lowest vote total among the states he won. Now think about that, his home state was one of his least supportive states. Had McCain been from Texas, Florida, etc., he likely would have lost Arizona.

    This state has a long history of very conservative, often racist politics and the supporters of those policies aren’t happy that they are consistently losing ground to moderates and liberals (simply termed as liberals in their tirades). Because of how the state legislature is set up conservatives still have a major majority in both houses but, when Napolitano was governor, she vetoed a lot of their stupidity. In fact she set the record for vetoes in the history of the state. You take her away, bring in Brewer who is a wing-nut’s wing-nut, and you see incredibly stupid legislation that was shut down by a reasonable governor make it out of the state house. At the same time you see an increase in non-conservative population as well as an increase in non-white population and the far white err, right is freaking out.

  2. I agree. The right-wing is just having a real-time mental breakdown and in the process they are trying to drag us all down into hell with them. I, for one, will not stand for it.

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