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Arizona "Papers, Please" Law May Hit Tech Workers

dcblogs writes "H-1B workers and foreign students may think twice about attending school or working in Arizona as a result of the state's new immigration law. If a police officer has a 'reasonable suspicion' about the immigration status of someone, the officer may ask to see proof of legal status. Federal immigration law requires all non-US citizens, including H-1B workers, to carry documentation, but 'no state until Arizona has made it a crime to not have that paperwork on your person,' said immigration lawyer Sarah Hawk. It means that an H-1B holder risks detention every time they make a 7-11 run if they don't have their papers, or if their paperwork is out of date because US immigration authorities are behind in processing (which condition does not make them illegal). The potential tech backlash over the law may have begun yesterday with a call by San Francisco City Atty. Dennis Herrera 'to adopt and implement a sweeping boycott of the State of Arizona and Arizona-based businesses.'"

27 of 1,590 comments (clear)

  1. Re:Uh... contradictory? by sycodon · · Score: 0, Troll

    Seems the illegals have mod points tonight.

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  2. Stop over reacting. by DragonDru · · Score: 1, Troll

    It is going to be tied up in the courts for years. Even if it passes every legal challenge, it doesn't change much really. Officers or the courts will check with the government databases before people are penalised, so forgetting one's papers when they run to the 7-11 won't affect much.

    Depending on location (it is not legal everywhere), citizens need to produce I.D. when asked by an officer.

    As for individuals being harassed by the cops, the cops can do that currently.

    Also, AZ (and the rest of the US) have people from all over. People who try to blend in will be fine and will blend in. Those that try to stand out will get harassed, just like always.

    --
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    1. Re:Stop over reacting. by krk28 · · Score: 0, Troll

      All true statements (expect the tied up for years part). Also try being suspicious or modestly disorderly in a nyc street or subway without identification....you stand a good chance of getting a vagrancy charge or a disorderly conduct charge if they feel like it. and yes, you will sit in jail alot longer than otherwise until you can be identified and there's nothing wrong with that.

  3. Re:Haben wir allen vergessen? by tarius8105 · · Score: 0, Troll

    You do realize that whenever you are pulled over by a police officer that when he requests your license, registration, and proof of insurance...aka your documentation, if you do not provide it you can go to jail? All this is doing is making sure that they are here legally. It is not about hatemongering its about the safety of the people who are here by legal means and pay taxes, which illegal immigrants do not. When you have illegal immigrants there is a higher cost of living in the area, higher rater of crime.

  4. Re:Haben wir allen vergessen? by Foobar+of+Borg · · Score: 0, Troll

    That's for the courts to decide, and a prosecutor to prove, but it has nothing to do with the Police and their ability to detain, question, or stop you.

    If you don't like it move to Canada.

    We in the USA prefer to have this thing called "due process" as well as limits on police powers to detain and harass or arrest you. You want unfettered police power? Then why don't *you* move to North Korea, asshole!

  5. Teabaggers??? by GodfatherofSoul · · Score: 0, Troll

    So, where are all those Champions of the Constitution now that a US State has willfully and knowingly passed a law that opens the door to Gestapo-like dragnet searches of American citizens? Gee, I wonder why this isn't such and important issue for them...

    --
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  6. Re:What about the presumption of innocence? by DesScorp · · Score: 0, Troll

    "So you're fine with being asked to provide proof of citizenship during a routine traffic stop? "

    If law enforcement sees some kind of behavior that incurs the legal standard of "resonable suspicion"... yes.

    "You obviously don't care if that happens to brown citizens going about their day, because, and this is a wild guess, you're white and don't think this law would affect you"

    You're obviously an open-borders zealot because, and this is a wild guess, you're a silly liberal that hates white people.

    See how much fun assumptions can be? Do you really want to keep playing?

    "Can't prove your citizenship? Detention for you."

    Yeah, because I couldn't just, oh, show them my drivers license. Because it's so unusual for police to ask for some identification during an investigation.

    I have the same question for you that I posed to another gentleman; just what solution to illegal immigration would you propose? Just what would you do about it, including border security, and existing illegal aliens. Be specific.

    --
    Life is hard, and the world is cruel
  7. Re:What about the presumption of innocence? by timeOday · · Score: 0, Troll

    you feel entitled to detain me because of the failings of the government system?

    Yes they do. The Tea Party is a States Rights' revival movement. This law is a vehicle for them to vent frustration about the failure of the federal government to seal the borders.

    Too bad you have to be caught in the middle, but hey, you're just a foreigner. And we don't do body counts.

  8. Re:What about the presumption of innocence? by DigiShaman · · Score: 0, Troll

    Do you know that if you are a foreigner who wishes to marry a US citizen, it is both QUICKER /and/ CHEAPER for you to come here on a tourist visa, sign a waiver saying you have no intention of marrying a citizen, get married anyway, and fill out a visa application that basically says "Oops. Can I stay anyway?" than it is for you to actually go through the process the "proper" way? Just one of the reasons immigration is ... "problematic".

    Bullshit! My fiancee and I are in the K1 visa process now. Anyone can tell you that that's FRAUD and can quickly get the foreigner deported and never allowed re-entry to the US.

    visajourney.com has a wealth of information.

    --
    Life is not for the lazy.
  9. Re:Have you been to AZ, everyone drives by Jah-Wren+Ryel · · Score: 0, Troll

    I got my head bit off. He made sure he set me straight about his feelings of illegal immigrants and the amount of crime and negative stereotype they cause his community.

    That's the way it always is, they went through all the shit and hoop-jumping to get here legally so everybody else had damn well better suffer as much as they did.
    At least not all 1st gen legal immigrants feel that way, although the feeling is really seductive.

    --
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  10. Re:What about the presumption of innocence? by snowgirl · · Score: 0, Troll

    Checkpoints are different from stopping someone. A checkpoint is applied to all individuals driving through it.

    Indeed; infringing everyone's rights is far better than infringing some people's rights.

    No one's rights are being violated by holding checkpoints. You might disagree, but the courts agree with me.

    So long as a checkpoint is not applied selectively they are not nominally infringing on someone's rights. Police are not allowed to stop individual cars without cause, but they are allowed to stop all cars with a reasonable public safety purpose.

    --
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  11. Re:What about the presumption of innocence? by snowgirl · · Score: 0, Troll

    Checkpoints are different from stopping someone. A checkpoint is applied to all individuals driving through it.

    Indeed; infringing everyone's rights is far better than infringing some people's rights.

    No one's rights are being violated by holding checkpoints. You might disagree, but the courts agree with me.

    So long as a checkpoint is not applied selectively they are not nominally infringing on someone's rights. Police are not allowed to stop individual cars without cause, but they are allowed to stop all cars with a reasonable public safety purpose.

    --
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  12. Re:What about the presumption of innocence? by hdparm · · Score: 0, Troll

    You had a point up to:

    - Many of us already citizens have fought for and killed for this country, possibly close to you right now; it is NOT a good idea to tell us to get fucked.

    There, you fucked up and presented yourself as a real dick. So, go get fucked.

  13. Don't like the way you're being treated? by Stuckey · · Score: 0, Troll

    Then you're free to go back to where you came from.

  14. Re:What about the presumption of innocence? by Anachragnome · · Score: 0, Troll

    "Less affluent or resourceful U.S. citizens who are detained must try to maneuver on their own through a complicated system."

    I don't see how it is so complicated.

    If you're a U.S. citizen, you MIGHT be fucked. If you're not, you ARE fucked.

    Pretty simple.

  15. that's the reason we need national ids by pydev · · Score: 0, Troll

    That's not specific to immigration; there are many law enforcement situations where police need to hold you until they can figure out who you actually are. That's why we need a national identity card system. Such a system exists to make it easy for people to prove their identity when it is in their best interest. Being able to prove your identity and having your identity be difficult to forge are good things. It's the lack of such an identity system that causes us to choose between a police state or no law enforcement at all.

    And, yes, if you don't carry any identity documents, the police can't find you in databases, and nobody on the outside can help you, you are fucked; do you want lack of documentation to be a get-out-of-jail-free card?

    Get a friend who can help you. Or if you're friendless, get a depository like a notary or bank who can act on your behalf.

  16. Are you an Indian? by SmallFurryCreature · · Score: 0, Troll

    Are you an Indian? No? Then you are an illegal immigrant yourself and your ancestors killed millions of natives to steal their land.

    Always funny to see a immigrant complaining about immigrants.

    And your whole story sounds more like your legal system is a mess. And maybe if you didn't deny healthcare to people you wouldn't have such problems. What civilized society denies healthcare to anyone?

    --

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  17. Re:checks and balances, sue and cash in by aurispector · · Score: 0, Troll

    This law targets people who are in the country *illegally*. Who gives a crap? Seriously, how hard is it to keep your green card in your wallet?

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  18. Re:checks and balances, sue and cash in by Perl-Pusher · · Score: 1, Troll

    I have a drivers license that says I'm a US citizen. I can also produce a birth certificate. I have produced both in the past to gain employment. I also carry a military ID card. When in other countries I always carry a passport. I have never complained about providing evidence of citizenship. Go cry elsewhere. It is a federal crime to be here illegally, the only thing different is in Arizona its a state crime too. It still a crime!

  19. Re:What about the presumption of innocence? by rickb928 · · Score: 0, Troll

    "the nutty "president must have birth certificate" (Hmm, yes I'm SURE AZ has the authority to make federal election laws)"

    Oh. And states don't have a right, or implicit duty, to ensure that candidates for federal office be ELIGIBLE for that office? By that measure, Arizona has no right to require that a candidate for a U.S. Senate seat representing Arizona even be a RESIDENT of Arizona... Right? What would be so illegal about requiring that a candidate for President even be of minimum age as specified byh the Constitution? That alone requires some proof of birth. Let's go, baby. I want this fight.

    "AZ is apparently a pretty embarassing place to be a lawyer right now."

    With all the injustice you assume, apparently from a distance, Arizona is THE MOST IMPORTANT PLACE TO BE A LAWYER RIGHT NOW. Lawyers, as officers of the court, have an obligation to represent and protect those in need.

    You need to get your act together. Come on down and straighten us out, ok? I'm especially interested in how you will fix our election laws so the Reverend Al Sharpton could run for either U.S. Senate seat from Arizona, ok? No tests! Anyone may apply!

    No, stay in New York.

    --
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  20. Re:What about the presumption of innocence? by ElectricTurtle · · Score: 1, Troll
    I'm unfortunately losing some moderations to do this, but FUD needs to be stopped.

    Your 'lawyer friend' needs to find a new line of work, because he must be a terrible lawyer. (IANAL, the following is not legal advice.)

    The 'papers please' part of the law is not unconstitutional because it does not pertain to US citizens just as the voting rights guaranteed by the Constitution are not applicable to non-citizens. Additionally, federal law already requires what the AZ law requires and has done so for 70+ years. Please refer to Title 8 of the USC, Chapter 12, Subchapter II, Part VII(e):

    (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

    Because the Federal government is not fulfilling its duty to enforce its own laws, the state of AZ has passed its own. OH NOES! TEH RACISM!

    Further, are you and/or your 'lawyer friend' completely high? "AZ has no constitutional authority to pass this law." Please point out to me where in the Constitution this law is explicitly prohibited. If you have any idea how laws in this country work, you would know that anything not expressly denied to the states by the Constitution is, in fact, expressly granted and reserved for the states by ye olde forgotten Amendment X.

    Lastly, it doesn't violate the 14th Amendment. Go read the 14th Amendment. Count the times it says 'citizens'. Then SLAP YOURSELF IN THE GODDAMN FACE THAT NUMBER OF TIMES. Illegal aliens are NOT citizens. The 14th Amendment EXPLICITLY does not apply to them. That is the LAW.

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  21. Ugh by jav1231 · · Score: 0, Troll

    The furor over this bill has reached lunacy. If Al Sharpton and much of San Francisco is against it, it must have been a brilliant idea.

  22. Re:What about the presumption of innocence? by Cro+Magnon · · Score: 0, Troll

    wide exemptions are made so that immigrants don't get deported while not legal.

    Fixed your post.

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  23. Re:What about the presumption of innocence? by commodore64_love · · Score: 0, Troll

    Personally I'd like to see BOTH the brown people and the corporations arrested.

    Wouldn't it be fun to see Bill Gates standing before a tribunal and trying to explain why he allowed illegal intruders to work inside his organization? Of course Mr. Gates wouldn't see any jail time, but Microsoft should get a major fine. Ditto any other corporation found guilty of using illegals. It would help pay off the national debt.

    --
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  24. Re:checks and balances, sue and cash in by Captain+Splendid · · Score: 0, Troll

    As a US citizem why should they need to carry any identification

    Because you won the cold war, so now it's your turn to show your papers. Yay victory!

    --
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  25. Re:What about the presumption of innocence? by geekoid · · Score: 0, Troll

    "As it stands right now immigration law is intentionally not being enforced for political purposes."
    Bukllshit.

    Hey, what about then 8 years od republican rule?

    They are bring enforced, they don't have the money for adequate enforcement because they would mean more taxes! OMG not taxes!!! We nede to cut taxes and increase spending on immigration!!! Fucking tard.

    BTW, fucktard, granting amnesty is the only way to deal with this because of costs It would cost over a trillion dollars to arrest and deport every one..who would then just come back because we have a huge fucking open dessert they can cross. And if you say the should fence it, please take a look at the geography and be willing to take a couple of TRILLION dollars to pay for it.

    You sig alone explains to me that you can not think logically. The fact that a limp wristed cum stain like you can think they're an expert in climatology and immigration shows me that you couldn't think your way out of a wet paper bag. YOU are whats wrong with america. people who can not actually think about an issue and instead fall back on logical fallacy and believing what ever Glen Beck says.

    You are the worst type of human. People like you are why the dark ages happened.

    --
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  26. Re:checks and balances, sue and cash in by cHiphead · · Score: 1, Troll

    Fuck you pal. My wife is part Mexican (but US born), and definitely looks Mexican, and we plan on visiting friends in Phoenix Arizona later this year. If she leaves her purse at home while we go out to eat dinner, then we get stopped on the way back, she can be detained and 'arrested' on suspicion of being an illegal immigrant. And she is an natural born citizen of the United States of America. Welcome to the reality of police states. I can't wait.

    Related portions of the actual law, in case you didn't actually read it:

    "Lawful contact" can be 'hi, how are you today?' or 'welcome to the police checkpoint'

    B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

    This is a doozy, an illegal immigrant can be removable form the United States just based on being an illegal immigrant, this allows them to use probable cause suspicion to arrest just about anyone they want. 'Oh it was 2am and we coudln't get confirmation that this guy was actually a US citizen'

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

    And here's the coup de grace, you are commiting a specific state crime by being an illegal immigrant on public OR private land in Arizona, which provides probable cause for your arrest, which will lead to arrests of people who just happen to not have their identification:

    A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF TRESPASSING IF THE PERSON IS BOTH:
    1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
    2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(E) OR 1306(A).

    8US Code Section 1304(e)"
      Personal possession of registration or receipt card; penalties
                Every alien, eighteen years of age and over, shall at all times
            carry with him and have in his personal possession any certificate
            of alien registration or alien registration receipt card issued to
            him pursuant to subsection (d) of this section. Any alien who fails
            to comply with the provisions of this subsection shall be guilty of
            a misdemeanor and shall upon conviction for each offense be fined
            not to exceed $100 or be imprisoned not more than thirty days, or
            both.

    Ergo, if the officer thinks my wife is an illegal immigrant, asks her to produce proof of citizenship and she doesn't have identification, he can arrest her for trespassing. Super.

    The real truth is, its fear and cowardice that are leading us down the police state road we are on, man the fuck up and don't be scared. And stay the fuck off my lawn, damn kids.

    Here's to your acceptance and apathy towards a permanent police state.
    Cheers.

    --

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