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AZ policeman is asking a fed judge to overturn the immigration law, thoughts?

An Arizona policeman has asked a federal court to overturn a state immigration law he says will force him to use racial profiling.

The law requires police to question people about their immigration status if officers suspect the person is in the US illegally and if they have stopped them for a legitimate reason.

Officer David Salgado says the law would force him to break federal laws.

The case is one of many challenging the measure, which takes effect on 29 July.

The Obama administration's justice department has also challenged the legislation in federal court, arguing it usurps the federal administration's authority to set immigration policy.

The next hearing in that case is scheduled for 22 July

http://www.bbc.co.uk/news/world-us-canada-10657424

 
sweet-a-kins

Asked by sweet-a-kins at 10:19 AM on Jul. 20, 2010 in Politics & Current Events

Level 34 (67,502 Credits)
This question is closed.
Answers (15)
  • Why don't they just ask everybody that gets stopped?
    UpSheRises

    Answer by UpSheRises at 10:22 AM on Jul. 20, 2010

  • How can he be forced to racially profile? That doesn't make sense. I think he's using his job to try and add credence to his political opinions, but going about it the wrong way. 

    Bezu

    Answer by Bezu at 10:22 AM on Jul. 20, 2010

  • I think it's ridiculous. He is not being forced to racially profile, and if he doesn't want to do the job at all, no one is forcing him. I don't think that just because a police officer doesn't want to enforce a law that it should be overturned.
    LovingSAHMommy

    Answer by LovingSAHMommy at 10:33 AM on Jul. 20, 2010

  • Boo hoo, poor wittle wamb.... It sounds like he doesn't want to do the job he was hired to do. Maybe he should look for one that fits his ideals.

    Personally, I would have no problem if asked to prove residency. Heaven knows I get asked all kinds of junk anyway..mother's maiden name, dob, ss#, how much I make, insurance, id, dl....the list goes on and on.
    yourspecialkid

    Answer by yourspecialkid at 11:06 AM on Jul. 20, 2010

  • "Officer David Salgado says the law would force him to break federal laws"
    How?

    He's job is to make sure no one is breaking the law, period !

    If he does not want to do his job than he should be fired!
    gammie

    Answer by gammie at 11:17 AM on Jul. 20, 2010

  • Parrishsky, why WOULDN'T he be asking blond/blue eyed people? He can ask every single person he pulls over for ID. Matter of fact, he already does. No where in the law does it state "Only ask dark people".

    The law states he cannot pull them over for JUST to ask for papers, he can only ask for ID IF he has stopped them for a legitimate reason. And if he has pulled them over for a legitimate reason, he will be asking EVERYONE for ID, regardless of color, because that is what police officers do each and every time they pull someone over.

    mancosmomma

    Answer by mancosmomma at 12:44 PM on Jul. 20, 2010

  • Mancos is dead on. Were I an Az policeman I would ask id from everyone, regardless of appearance. That would lay to rest any possibility of racial profile. ALl people would be treated the same.
    sopranomommy

    Answer by sopranomommy at 12:49 PM on Jul. 20, 2010

  • I got pulled over for no seat belt and they asked me where I was headed...ruffeled my feathers a bit, but I had nothing to hide! I was headed to work and I said so...even though I felt like saying well..let's see, a mom in a mini van at 9:50 a.m. with two car seats in the back, yep heading to my next drug drop! I say ask everyone! Treat them all the same, then no racial issue. It is a border town and this country has an illegal immigration problem of epidemic proportions...they are just going to have to roll with the questions. Plus, if you don't have anything to hide, whats the problem?
    salexander

    Answer by salexander at 2:03 PM on Jul. 20, 2010

  • This is one of the reasons why I am opposed to the AZ law. Because having read the law, it is too vague and sets the police officers up to be sued for having to interpret "reasonable suspicion" where nothing is mentioned of probable cause or law violation in this law. This is from the article:
    Mr Salgado, a Phoenix police officer, said he did not intend to question people he stops about their immigration status because he believes he does not have the legal authority to do so, the Arizona Daily Star reports.

    "If he refuses to enforce the act, he can be disciplined by his employer or subjected to costly private enforcement actions under the act," the lawsuit says, according to the newspaper.

    "Conversely, if he enforces the act, he can be subjected to costly civil actions alleging the deprivation of civil rights of the individual against whom he enforces the act."
    KelleyP77

    Answer by KelleyP77 at 2:08 PM on Jul. 20, 2010

  • It sounds more as though Officer David Salgado isn't capable of understanding simple English and might do better in a job that has requirements more in keeping with his comprehension level .... 'would you like fries with that?' comes to mind.

    Love this quote lol! ~ "The Obama administration's justice department has also challenged the legislation in federal court, arguing it usurps the federal administration's authority to set immigration policy."

    No one, including Arizona, is trying to usurp the fed's authority to 'set' immigration policy ~ they just want someone that IS a fed to enforce the policies already in place. As for the governments of Argentina, Ecuador, and Mexico perhaps they should clean up their own back yards and provide a country that their people stop running away from ... or maybe just hire an attorney that could explain to them that they aren't entitled to run the US or decide squat about our laws.
    Farmlady09

    Answer by Farmlady09 at 7:56 PM on Jul. 20, 2010

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