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Originally Posted by Cimarron29414
The problem that I have with "illegal workers" is and always will be the fact that their illegal act affords them the ability to avoid paying taxes on the wages that they earn. Furthermore, the companies that hire them do not pay taxes on the wages they pay them.
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An estimated 60+ percent of illegal workers not only pay FICA taxes, to the tune of $billions/year, but federal/state income taxes as well.
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When does a person become a criminal? When they commit a felony or only if they are caught and convicted?
US Code title 8 section 1325
Arizona isn't doing anything other than giving law enforcement authority to enforce a federal law that is already on the books. title 8 section Sec. 1357
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In fact, AZ is doing more that simply giving law enforcement authority to enforce a federal law already on the books.
The state law goes beyond the existing federal law and allows law enforcement authority to apprehend and hold persons for no other cause other than "suspicion" of being here illegally.
There are constitutional questions at two levels.
First, whether the state can even enact laws that go beyond the federal law, given that immigration regulation is the responsibility of Congress.
And then, assuming the state can enact such a law, the way the law is written, does it infringe upon guaranteed 4th and 4th amendment rights?