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Immigration in national spotlight after ruling

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Posted: Saturday, June 30, 2012 12:00 am | Updated: 5:26 am, Sat Jun 30, 2012.

Many headlines about the Supreme Court decision on Arizona S.B. 1070 indicate that the justices cut the bill back to its bare bones. In June 2010, Arizona passed legislation that allows law enforcement officers to inquire about immigration status when an individual is lawfully detained and suspected to be illegally present. But this week's news stories mislead. The law's key provision, proof of status, remains.

Both camps, the pro-S.B. 1070 enforcement advocates and the anti-S.B. 1070 critics, claim the court delivered them a victory.

Critics point to the Supreme Court invalidating three of the bill's four provisions. Since President Obama ordered the Justice Department to sue Arizona, his supporters hailed the court's decision as a major triumph.

The emotionally charged, two year long debate about S.B. 1070 has always focused on whether the police should have the right to ask about legal presence with reasonable cause during a lawful stop. On that point, the Supreme Court upheld Arizona's right in an 8-0 unanimous vote.

The three points the Supreme Court tossed were minor: 1) to make failure to comply with federal alien-registration requirements a state misdemeanor; 2) to establish a misdemeanor for an illegal alien to seek or engage in work in the state; and 3) to authorize state and local officers to arrest without a warrant a person an officer has probable cause to believe has committed a public offense that makes the person removable from the United States.

Think back two years ago. None of the rejected arguments were the focus of the nationwide screaming match between the pro and anti forces. The confrontations centered exclusively on whether S.B. 1070, called the "show me your papers" law by it opponents, would result in "racial profiling."

The court found that improbable and unanimously agreed that it's constitutional to ask for proper identification under certain circumstances. From the majority opinion, the court noted that the law, as written, expressly forbids profiling. From his opinion, Justice Anthony Kennedy wrote that there are three such limits in S.B. 1070 including one that officers "may not consider race, color or national origin ... except to the extent permitted by the United States (and) Arizona Constitution(s)."

The outrage from S.B. 1070's detractors proves who lost. Janet Murguia, National Council of La Raza's chief executive officer, said the ruling places a "bull's eye" on the backs of Arizona's Hispanics. The American Civil Liberties Union admitted defeat and immediately launched a fundraising drive to, according to its email alert, "stop anti-immigrant laws from spreading across the nation."

The court's decision delivered on top of Obama's recent announcement that illegal immigrants ages 16 to 30 as well as other "low-priority aliens" excused in his proclamation last year will not be deported assures that immigration policy will be front and center until November.

Justices Kennedy and Scalia had cautionary words for Obama, who has decided that he alone determines immigration law. Observing that Presidents Clinton, Bush and Obama have all ignored federal immigration law, Justice Kennedy wrote that Arizona "bears many of the consequences of illegal immigration" as evidenced by an "epidemic of crime, safety risks, serious property damage, and environmental problems."

Justice Scalia, in a scathing spoken address, noted that because of Obama's prosecutorial discretion, hundreds of thousands of aliens are "now immune from enforcement" and "will be able to compete openly with Arizona citizens for jobs." Added Justice Scalia: "To say, as the court (majority) does that Arizona contradicts federal (law) by enforcing application of the Immigration Act that the president declines to enforce boggles the mind."

The federal government, with Obama's blessing and encouragement, not only refuses to enforce its own laws, but also has ordered high ranking officials like Department of Homeland Security Secretary Janet Napolitano to break the law. Napolitano, in turn, orders to her agents to ignore immigration regulations and substitute Obama's personal versions.

Under a totalitarian Obama, democracy is a fast fading memory.

Joe Guzzardi retired from the Lodi Unified School District in 2008. Contact him at guzzjoe@yahoo.com.

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9 comments:

  • Brian Dockter posted at 9:19 am on Tue, Jul 3, 2012.

    Brian Dockter Posts: 2857

    Eric wrote:

    I really don't understand though, why the LNS continue to print his writings on his negative opinion of Lodi since he doesn't even live here. Letting someone continually bash Lodi who doesn't live in Lodi is not good for a community spirit and irresponsible of the L:NS.

    -Eric,
    Joe lived in Lodi for many years. His experience in politics, being a teacher, and his involvement in the community gives him a good perspective on Lodi. Regardless of where he lives now, he is a valuable source the LNS takes advantage of. If you were a valuable source of information about Lodi but now lived in another city wouldn't you think it was a bit unusual someone to protest as you do about Joe?

     
  • Brian Dockter posted at 9:10 am on Tue, Jul 3, 2012.

    Brian Dockter Posts: 2857

    Ms. Bobin wrote:

    Opinion is one thing, but Joe Guzzardi pretends to support his "opinions" with facts that are actually wide distortions of the truth.

    -Then back it up with some facts to prove your case against Joe. In other words, put your money where your mouth is.

    From my perspective Joe Guzzardi is making very accurate assessments of what is going on.

     
  • Brian Dockter posted at 7:50 am on Tue, Jul 3, 2012.

    Brian Dockter Posts: 2857

    Ms. Bobin wrote:

    Contrary to Guzzardi's last report, the Obama Administration has carried out more deportations than any other administration, but Guzzardi claims he hasn't done anything. Blatant falsehood.

    -Obama really hasn't done anything at all to reduce the border crossings into AZ. And as a result, He's had to step up his deportations. And in order to make Arpaio look bad he wants to take all the credit instead of finding ways to work with him. La Raza and other pro-illegal immigration groups have painted a picture that Arpaio rounds up anyone that is Hispanic with the intent of deporting them. Of course this is blatantly false. But Obama thinks otherwise based on the distortion of the truth by these pro-illegal immigration groups. Instead of meeting up with Joe and finding out what he's really doing he believes these groups that are intent on doing whatever they can to keep the border pourous. They also could care less about the sovereignty of the U.S. All they are interestested in is exploiting the illegals so they can get their kickbacks.

     
  • John Kindseth posted at 5:12 pm on Mon, Jul 2, 2012.

    John Kindseth Posts: 245

    I am always surprised that some bloggers can look at a rose and only see the remains of some canine "dooty".

     
  • Joanne Bobin posted at 11:25 am on Sat, Jun 30, 2012.

    Joanne Bobin Posts: 4488

    Too bad I cannot attend. Perhaps you will encounter Joe Baxter and his ICE bus, waiting to capture all of the illegals (as he stated about last year's competition) who are bound to attend!

     
  • Eric Barrow posted at 10:37 am on Sat, Jun 30, 2012.

    Eric Barrow Posts: 1591

    Joe can take a hike I'm going down to the Taco Truck Cook Off yum!

     
  • Eric Barrow posted at 10:24 am on Sat, Jun 30, 2012.

    Eric Barrow Posts: 1591

    Joanne, It is easy to see the political bias of the LNS from it's mostly right wing columnist sure there is an occasional article by Mrs. Neely but many more from the right and look at the wording of the current poll being conducted on Greece a bit slanted I think. You should not be surprised then that Joe gets a constant voice in this paper. I really don't understand though, why the LNS continue to print his writings on his negative opinion of Lodi since he doesn't even live here. Letting someone continually bash Lodi who doesn't live in Lodi is not good for a community spirit and irresponsible of the L:NS.

     
  • Joanne Bobin posted at 8:08 am on Sat, Jun 30, 2012.

    Joanne Bobin Posts: 4488

    Joe Guzzardi wrote:

    "Justices Kennedy and Scalia had cautionary words for Obama, who has decided that he alone determines immigration law. "

    More demagoguery on the part of Guzzardi. President Obama HAS NOT "decided that he alone determines immigration law." That is an outright fabrication and paints the issue with a very broad brush.

    Contrary to Guzzardi's last report, the Obama Administration has carried out more deportations than any other administration, but Guzzardi claims he hasn't done anything. Blatant falsehood.

    As in Guzzardi's column last week, he continues to distort the truth. I am convinced that he actually knows what the truth is, but deliberately distorts it to inflame his readers, knowing that the issue of illegal immigration is very contentious.

    This is an unconsciounable abuse of the space he is generously given each week by the LNS.

    Opinion is one thing, but Joe Guzzardi pretends to support his "opinions" with facts that are actually wide distortions of the truth.

     
  • Joanne Bobin posted at 7:58 am on Sat, Jun 30, 2012.

    Joanne Bobin Posts: 4488

    Joe Guzzardi wrote:

    "The confrontations centered exclusively on whether S.B. 1070, called the "show me your papers" law by it opponents, would result in "racial profiling."

    The court found that improbable and unanimously agreed that it's constitutional to ask for proper identification under certain circumstances. From the majority opinion, the court noted that the law, as written, expressly forbids profiling."

    The statement above is a distortion of reality. From an NPR interview after the ruling on SB1070 with David Savage, Supreme Court correspondent for the LA Times and Chicago Tribune:

    "John Roberts started off by saying: Am I correct - to the solicitor general - this has nothing to do with racial profiling, that's another lawsuit. And he said, yes, that's another lawsuit. So they didn't really sound off on that at all, but that issue is still alive in the courts in Arizona."

    RACIAL PROFILING IS ANOTHER LAWSUIT and, Justice Roberts clarified with the Solicitor General, that that was not part of the case before the Supreme Court. The issue is "still alive in the courts of Arizona.'

    Obviously, Joe Guzzardi's assertion that the law forbids profiling is incorrect.

    Savage also stated:

    "There's still a lawsuit pending out in Arizona, and the court said for now, we're going to allow this to go forward with a couple understandings. And the understanding is that, yes, if a policeman stops someone in Arizona and, say, they don't have a driver's license, and the officer thinks this person may be here illegally, the officer can then check with the federal immigration authorities and say, do you want us to hold this person, or do you want to come and get this person?

    If the federal government says no, that's the end of the matter. Justice Kennedy said this verification process should not result in prolonged detention. So he seemed to say if it's just a check and a notification, that's OK. If it's jailing somebody and holding them because Arizona thinks they're illegal, that's not OK."


    A number of the civil liberties groups are worried about this part of the decision, and they are all saying we're going to continue to pursue that issue in the courts in Arizona.
    g.


     

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