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Filed: Other Country: Afghanistan
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Posted

Apparently, the Federal government thinks the lawful stop part is well-written, too, because that's not why they're challenging the Arizona law ...

Well thats where the issue is coming from regarding discrimination. The law is broken if they can't profile based on ethnicity/race etc. They have no tools by which to discern an illegal immigrant. I've made this point again and again and all people come back with is more profiling like "well they speak spanish" or they have no gov. ID on their person.

Filed: Country: England
Timeline
Posted

Well thats where the issue is coming from regarding discrimination. The law is broken if they can't profile based on ethnicity/race etc. They have no tools by which to discern an illegal immigrant. I've made this point again and again and all people come back with is more profiling like "well they speak spanish" or they have no gov. ID on their person.

You may have a problem with that. Apparently, the Federal government does not.

If the person stopped is asked for ID and cannot produce it, then I expect they will be detained until their status can be verified. Treat everyone equally and none can protest discrimination.

Don't interrupt me when I'm talking to myself

2011-11-15.garfield.png

Filed: Other Country: Afghanistan
Timeline
Posted

You may have a problem with that. Apparently, the Federal government does not.

If the person stopped is asked for ID and cannot produce it, then I expect they will be detained until their status can be verified. Treat everyone equally and none can protest discrimination.

"Holder is expected to also claim in his suit that the Arizona law will be enforced in a way that could cause discrimination based on race and nationality."

If everyone who is arrested is checked there is no discrimination. But in a stop that's not the case.

Filed: Country: England
Timeline
Posted

"Holder is expected to also claim in his suit that the Arizona law will be enforced in a way that could cause discrimination based on race and nationality."

If everyone who is arrested is checked there is no discrimination. But in a stop that's not the case.

With the language written into the legislation and the training that is to be provided to law enforcement, it will have to be a very good case to prove in court that discrimination and/or racial profiling took place. If I read correctly, they will be getting the same training that law enforcement sanctioned to assist ICE under a 287g will receive. The Federal government uses that standard, which is why Holder's argument against this law on the grounds of discrimination will fail. Basically, because the DoJ will be arguing against its own policy.

Don't interrupt me when I'm talking to myself

2011-11-15.garfield.png

Filed: Other Country: Afghanistan
Timeline
Posted

With the language written into the legislation and the training that is to be provided to law enforcement, it will have to be a very good case to prove in court that discrimination and/or racial profiling took place. If I read correctly, they will be getting the same training that law enforcement sanctioned to assist ICE under a 287g will receive. The Federal government uses that standard, which is why Holder's argument against this law on the grounds of discrimination will fail. Basically, because the DoJ will be arguing against its own policy.

Ironically 287g itself has been under fire for racial profiling and has litigation tied to it.

 

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