Quote:
Originally Posted by dc_dux
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.
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?
|
This no Arizona law is really nothing new, as it completely mirrors the constitutional question raised in Hiibel v. Sixth Judiciary District court of Nevada. The Supreme Court upheld the right of law enforcement officials to arrest an individual who refuses to/or is unable to identify themselves. The SC also stated that there was no burden for "probable cause", only rather reasonable suspicion.
The Supreme Court held that the gentleman, Hiibel's, 4th & 5th amendment rights were not violated.
Also from the holding
Quote:
|
the Court has recognized that an officer’s reasonable suspicion that a person may be involved in criminal activity permits the officer to stop the person for a brief time and take additional steps to investigate further.
|
Color me crazy, but I would imagine that illegal immigrants would be guilty to some degree of criminal activity.
HIIBEL V. SIXTH JUDICIAL DIST. COURT OF NEV.,HUMBOLDT CTY.