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Fed Judge OKs ‘Show Me Your Papers’ Provision in AZ Immigration Law

Sep. 5, 2012 7:21pm Jason Howerton

PHOENIX (AP) — A federal judge ruled Wednesday that Arizona authorities can enforce the most contentious section of the state’s immigration law, which critics have dubbed the “show me your papers” provision.

The ruling by U.S. District Judge Susan Bolton clears the way for police to carry out the 2010 law’s requirement that officers, while enforcing other laws, question the immigration status of those they suspect are in the country illegally.

The requirement has been at the center of a two-year legal battle that culminated in a U.S. Supreme Court decision in June upholding the requirement.

Opponents then asked Bolton to block the requirement, arguing that it would lead to systematic racial profiling and unreasonably long detentions of Latinos if it’s enforced.

Lawyers for Arizona Gov. Jan Brewer urged the judge to let the requirement go into effect, saying the law’s opponents were merely speculating in their racial profiling claims, that police have received training to avoid discriminatory practices and that officers must have “reasonable suspicion” that a person is in the country illegally to trigger the requirement.

Less controversial sections of the law have been in effect since late July 2010, but rarely been used.

Arizona’s law was passed in 2010 amid voter frustration with the state’s role as the busiest illegal entry point into the country. Five states — Alabama, Georgia, Indiana, South Carolina and Utah — have adopted variations on Arizona’s law.

Brewer’s office says the law is expected to go into effect shortly.

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Comments (66)

Metalstr8jckt
Posted on September 6, 2012 at 11:55am
FACT; NEW MEXICO is already providing felons with drivers licenses without proof of legal status. CALIFORNIA is also preparing to. So what is accomplished here? Nothing. This is a diversion to the uninformed that something is being done about FELONY ENTRY into the U.S. Once a felony occurs by illegally entering the U.S. it is compounded into “flight to avoid detention” by them relocating to any other state than the one originally entered. Multiple felonies. Possession of a “weapon” could be construed as a terrorist act according to DHS rules. They cannot hold a box cutter, or even a de-boning or poultry knife. Enemies of the country. We can enforce Holder and Napolitano’s own laws to kick them out, as I have outlined above. A drunk driving a 4500lb. pickup truck has been shown to be a lethal weapon in the wrong hands. Defense attorneys in alcohol manslaughter cases have lost them because of this. No license, or mandatory liability insurance is gross negligence, even if you are a genuine American citizen. Illegal possessing a firearm should be mandatory life term in a federal penitentiary. The laws are on the books to make an illegals life suck.

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Vtx110
Posted on September 6, 2012 at 6:21am
Haul them in if their breath smells like corn chips.

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El Paso Girl
Posted on September 5, 2012 at 11:53pm
I know some illegal Russians in Austin that need to go too! How can we get them out??????????

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- ProbIemSoIver
  Posted on September 6, 2012 at 4:58am
  U.S. District Judge Susan Bolton must have been a slip and fall attorney before she became a “judge” (just a hearing officer) because she hasn’t got a clue about the constitution.
  If a person is detained for a crime or statutory infraction, the authorities can do what they are able to,
  to identify and determine if this person is legal, but that person NEVER has to disclose ANY information !!
  
  Report this comment
- Rothbardian_in_the_Cleve
  Posted on September 6, 2012 at 9:15am
  @Prob,
  
  I agree, but tell that to NYPD….stop and frisk.
  
  Report this comment
- ProbIemSoIver
  Posted on September 7, 2012 at 9:02am
  @Rothbardian_in_the_Cleve
  
  So NYC is violating people’s fourth amendment rights !!!
  
  If they stopped and frisked me without legitimate probable cause and/or a warrant, I would sue their @$$e$ off.
  
  Someone should sue them for Infringing on one’s right to bear arms.
  People’s 2nd Amendment Rights are being Violated. BOTTOM LINE !!!!!
  The Constitution is VERY CLEAR !!!!!
  
  I suspect that due to the Infrastructure Privatization EO #12803 that Bush Sr. signed in 1992, (AMERICA for SALE or LONG TERM LEASE, The same year agenda 21 was introduced)
  The UN bought Manhatten and are playing by the Global Handbook and not the Constitution.
  (Just a thought)
  
  Report this comment
El Paso Girl
Posted on September 5, 2012 at 11:46pm
Try being a illegal in Mexico. Go ahead go over there and see what happens………………..It won’t be pretty.

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- Metalstr8jckt
  Posted on September 6, 2012 at 12:36pm
  Ridiculous statement! The illegal trafficking of human beings is as big as drug trafficking. People charge Central Americans and South Americans big sums of money to go through Mexico to get to America. Your statement is laughable. Illegals merely pass through Mexico.
  
  Report this comment
El Paso Girl
Posted on September 5, 2012 at 11:42pm
Yea!!!!!! Now Texas follow suit……………………

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bdandsl
Posted on September 5, 2012 at 10:24pm
About danm time!

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762x51
Posted on September 5, 2012 at 9:40pm
Sheriff Joe is gonna have a field day with this, especially now that the DOJ criminals are off his back. Go Joe!

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- Metalstr8jckt
  Posted on September 6, 2012 at 12:56pm
  Sheriff Joe does not have the man power to stop upwards of 4,000 felony border invaders every month. The U.S. Mexico 2500 mile border would require 10,000 National guard troops. One every 1/4 mile for day/ and night control. With a shift rotation, 50,000 would be needed to maintain integrity of the borders. 100 deputies are not going to make a difference, even if Joe tried his darnedest.
  
  Report this comment
scrudge
Posted on September 5, 2012 at 9:11pm
Ah Yes…. the illegals…. heard them up- move them out…

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- jzs
  Posted on September 5, 2012 at 9:48pm
  Creepy. A fundamental part of US law is that you are innocent until proven guilty. This law says that unless you can prove you are innocent the cops can take you to jail. That ought to bother you. It bothers you that you have to prove you don’t have a bomb before boarding an airplane, but this? Not at all.
  
  Thanks for asking why, this doesn’t bother you – I happen to know why. Because we’re talking about Mexicans here. If cops started asking white people to prove they were US citizens, or to prove they hadn’t committed some crime, and if they couldn’t, take them to jail, THAT would bother you. But Mexicans? You don’t care about them being them being taken to jail because they can’t prove innocence of some crime or another.
  
  Simple: with Mexican this is okay. With white people it’s a “violation of the Constitution.”
  
  Report this comment
- therealconservative
  Posted on September 5, 2012 at 10:05pm
  @jzs
  
  Try reading the law.
  
  http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf
  
  Report this comment
- Chrison
  Posted on September 5, 2012 at 10:12pm
  Show me in the law where it says it applies only to Mexicans. As far as I’m aware, the law enables law enforcement to question the immigration status of ANYONE they legitimately suspect is in the country illegally. What’s wrong with that? After all, they’re only trying to ENFORCE the existing laws on the books!
  
  What the opponents of this law REALLY want is for there to be NO enforcement of the country’s immigration laws. That’s just plain WRONG! If there’s a law on the books, the authorities MUST do their best to enforce it. If folks don’t like that law, then follow the proper process to REPEL it, NOT just ignore it!
  
  Report this comment
- therealconservative
  Posted on September 5, 2012 at 10:24pm
  @jzs
  
  Why don’t you come on down here to the border?
  
  Report this comment
- SpeckChaser
  Posted on September 5, 2012 at 10:31pm
  JZS – Request #7: Please answer the following question.
  
  How will raising taxes on businesses grow the economy?
  
  Report this comment
- bdandsl
  Posted on September 5, 2012 at 10:31pm
  @JZS – anyone can be detained if suspected of any crime. This isn’t specific to Lations. But, if the suspect can not speak English, that alone is enough ‘probable cause’. So, I suggest any legals that never assimilated better start.
  
  Report this comment
- therealconservative
  Posted on September 5, 2012 at 10:38pm
  @jzs
  
  Does it take you this long to read the law? It’s only a few pages.
  
  Report this comment
- StripedRed
  Posted on September 5, 2012 at 11:29pm
  @JZS, I agree with you 100%.
  @Bdandsl, If not speaking English is enough probable cause, I wish the legal system plenty of luck in staying afloat.
  
  Report this comment
- ep8568
  Posted on September 5, 2012 at 11:54pm
  Brush that stale old tortilla chip off your shoulder ! Illegal Mexicans are running rough-shod over U.S. citizens while hiding behind our (not their) Constitution. A little detention while their statuses are reviewed is a reasonable step. How about we buy them a milkshake and pay $12/hr for their time, if innocent, that is ? We are not singling out Mexicans. We are hunting down probable illegal aliens.
  
  Go AZ !
  
  Report this comment
- ProbIemSoIver
  Posted on September 6, 2012 at 4:54am
  lol. I loathe illegals.
  
  But I will be damned if someone is going to try and violate my 5th amendment right.
  
  I don’t ever have to say a word to anybody. Bottom line !!!!
  
  People really need to learn the law.
  
  Report this comment
RNR2012
Posted on September 5, 2012 at 8:53pm
And, why not? As a white US citizen being pulled over by an officer – the first thing that is asked of us is to provide our drivers license, proof of insurance and vehicle registration. It’s the law. Why should it be different for those who are in our country ILLEGALLY?!

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- Wolfgang the Gray
  Posted on September 5, 2012 at 9:17pm
  Because Obama needs their vote so he wan win in Nov. Trying to block SB 1070 also plays right along with the Department of inJustice fighting against voter ID laws. They want illegals to vote multiple times in multiple districts to help Obama get his 2nd term.
  
  We also need to take these illegals, drive them down to the border, and kick their asses back out of the US, since Obama has told ICE not to do their job. If someone wants to become a citizen of this country, let them do it the LEGAL way and I will embrace them as a fellow American. These ILLEGAL slugs that break the law to come here have no sympathy from me.
  
  Report this comment
RGB
Posted on September 5, 2012 at 8:50pm
I hear the cockroaches running already.
Now if we could just drop them off on their side of the border we’d be all set.

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davetrav
Posted on September 5, 2012 at 8:49pm
IT’S about time the law starts working as it was meant to be. THANK YOU.

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Carlinpa
Posted on September 5, 2012 at 8:24pm
Wow, some good news for a change.

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The_Cabrito_Goat
Posted on September 5, 2012 at 8:14pm
Update to the story: Holder blocks federal judge’s move.

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- lwillis59
  Posted on September 5, 2012 at 8:26pm
  what a surprise..
  
  Report this comment
- ProbIemSoIver
  Posted on September 6, 2012 at 5:02am
  Here is an update about holder.
  
  He is the CEO of the PRIVATE COMPANY – The U.S. Department of Justice
  
  click on #10
  
  http://www.manta.com/mb?search=U.S.+Department+of+Justice
  
  Report this comment
- Metalstr8jckt
  Posted on September 6, 2012 at 12:19pm
  As “Attorney general” Eric Holder cannot block a federal judge’s ruling. He can make motion for a recommendation that there should be hearing by other federal judges. He is not in a position to legally make any: Ruling, Injunction or decree. His position is to advise the President and his cabinet on existing legal statutes of the land. That is it. He is an attorney. Not a judge, but ignorance has left the people blind to how our government was originally structured. Also a supreme court justice is NOT a lifetime appointment. A simple majority vote can remove a justice for egregious acts against the people…..Fact. Know your country, keep your freedom.
  
  Report this comment
dealer@678
Posted on September 5, 2012 at 7:54pm
Now go get em Sheriff Joe

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Exrepublisheep
Posted on September 5, 2012 at 7:51pm
Since when do people have to prove the’re innocent? Oh that’s right, repubs. Home of the patriot act, authors of indefinite detention without trial, creators of the governments ability to retroactively divest a person of their citizenship, also without trial. Then there’s how they shut down Ron Paul. I see the enemy, and it’s the repubs. But keep worrying about Michelle Obamas’ butt.

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- The_Jerk
  Posted on September 5, 2012 at 7:57pm
  ” … that police have received training to avoid discriminatory practices and that officers must have “reasonable suspicion” that a person is in the country illegally to trigger the requirement.”
  
  Suspicion of a crime has long been used to question the ‘suspects.’
  
  Report this comment
- toiletclogga
  Posted on September 5, 2012 at 7:58pm
  People don’t have to prove they’re innocent; they have to prove who they are when asked, and when required!
  
  Report this comment
- therealconservative
  Posted on September 5, 2012 at 7:58pm
  Not surprised that a Ron Paul “FOLLOWER” would be in support of illegals and open borders.
  
  Report this comment
- jonathanfarrar
  Posted on September 5, 2012 at 8:02pm
  Non-citizens, AKA illegal aliens dude, don’t have habeus corpus rights in America. I’m not defending the Patriot act, or NDAA which Obama signed, or the indefinite detention things either. It’s indicative of Government gone too far. The sole reason Obama and Holder are so adamant about letting illegals in is for votes, and to further weaken the economy by getting them on the government dole. There’s not a shred of “Humanity” in what they are doing.
  
  Report this comment
- Exrepublisheep
  Posted on September 5, 2012 at 8:08pm
  @JONATHANFARRAR. I agree with your whole post. But remember LEGAL citizens DO have those rights.
  
  Report this comment
- Exrepublisheep
  Posted on September 5, 2012 at 8:12pm
  @THEREALCONSERVATIVE. You don’t have to be a Ron Paul follower to see what happened. Open borders? Nope, I’m against it. The illegal problem strains every part of American society, except where they’re used as cheap labor.
  
  Report this comment
- therealconservative
  Posted on September 5, 2012 at 8:27pm
  @ex
  
  “Open borders? Nope, I’m against it. The illegal problem strains every part of American society, except where they’re used as cheap labor.”
  
  Well RP is for open borders. You’re against illegals, except for cheap labor? So it’s only illegal when it’s convenient? Maybe you should come down here to southern Arizona.
  
  Report this comment
- Anonymous T. Irrelevant
  Posted on September 5, 2012 at 8:28pm
  EXREPUBLISHEEP
  No where in this article does it say that people have to prove they are innocent and by YOU saying they have to prove they are innocent, implies that you think that someone thinks they are guilty. Guilty of what?
  All this article says is that people, stopped for questioning, are asked to show ID. It’s like that in every state I know. What is different when it is an illegal who has to show ID?
  
  Report this comment
- GBTVFan_Non_American_Overseas
  Posted on September 5, 2012 at 8:28pm
  This is just common sense, and it’s a standard procedure for the police everywhere: When they stop you they ask for your ID, and they can ask you simple questions about you: What are you doing here? Where do you live? Where are you from? Do you have your green card with you? Do you have your passport?…… . When are they doing that?…well, when you are doing something that you are not supposed to do….it’s quite simple.
  
  You’ve got a lot of nerve if you are illegal immigrant and you don´t want to be asked about your ID by any branch of the law or the government, and that’s exactly what is happening here….
  
  Report this comment
- TrUe.AmEriCaN
  Posted on September 5, 2012 at 9:21pm
  First let me just say that I do not believe for even one second that you were once a republican, as a matter of fact I dont think that you were ever a republican. I do however think that you were dug from that @ssCrack of that Horrid and dysfunctional hag Arianna Huffington.
  
  Report this comment
- cykonas
  Posted on September 6, 2012 at 11:38am
  In the late 80′s through 1990 I worked in Mexico. Every three months I had to appear, in person, before a Mexican magistrate to renew my work visa and pay the fees. I was required by Mexican law to have my passport with visas attached in my possession at all times while in the country. Had I been asked for it by a LEO and been unable to produce it I could have been jailed for up to 1 year.
  
  My point is that I wasn’t being asked to prove my innocence. I was being asked to prove that I had the right to be in Mexico. It’s called maintaining the sovereignty of your borders. The United States has similar laws, but the Feds have chosen to ignore them for decades. Arizona finally got sick of the Feds not doing their job and decided they would do it for them. I fail to see anything wrong with that other than there are several thousand bureaucrats and agents of the Federal Government charged with enforcing our immigration laws who are collecting a paycheck and not doing their jobs. Peace.
  
  Report this comment
- Metalstr8jckt
  Posted on September 6, 2012 at 12:29pm
  @Exreprepusheep: You are a liar. Any person on U.S. soil have always been required to provide identification by local, county, state or federal, government officials performing their sworn duties when they are asked for it. Failure to provide identification can lead to detention until your identity and a search of any possibilities of existing bench warrants could be ruled out…..Fact. Detention is not illegal. Most states provide at least 24 hours without formally charging an individual. [ Those that scream loudest aagainst social 'injustice' pertaining to identification laws, are the ones with something to hide. ]
  
  Report this comment
banjarmon
Posted on September 5, 2012 at 7:46pm
BHO has Papers???????????? WHERE?????

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- progressiveslayer
  Posted on September 5, 2012 at 7:53pm
  His forger was incompetent and was nailed by Arpaio.
  
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- Metalstr8jckt
  Posted on September 6, 2012 at 12:46pm
  Almost 4 years into this communist presidency and people still make jokes about his “citizenship?” Are you stupid? Communist countries have the worst record of fraudulent elections. If the traitor is re-elected it will be through voter fraud. There is nothing to make jokes about. Millions had nothing amusing to say when they received a bullet to the head once despotic communism took control of their land. There is nothing funny about the border invasion. An I.D. in New Mexico and then a rifle. There is your silent occupation force you ignorant arse.
  
  Report this comment
PIGSWILLNEVERFLY
Posted on September 5, 2012 at 7:45pm
I think Gov. Jan Brewer is Great. And they are still accepting donations to build the boarder fence. They e-mailed me a certificate with my name on it for donating…pretty cool. There are some great conservative women leaders in America today with truth and backbone and i salute them all. Thank you Governor Jan Brewer for not backing down and protecting your State as it should be. We are being invaded and according the Article 4 Section 4 we are to be protected from invasion. But NO, the Federal Government refuses to enforce it’s Constitutional Obligation to it’s citizens. Outrageous!

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The_Jerk
Posted on September 5, 2012 at 7:42pm
Put the meaning of illegal back into illegal. Get them out. Punish those who break the law. Crime and punishment.

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- Metalstr8jckt
  Posted on September 6, 2012 at 1:14pm
  Anchor Babies??? Anchors are dropped into the sea, and if they become ‘hung up” on the sea floor they are cut away. Once mama gives birth in the “free county hospital” and baby is well…..No I.D. and mama and baby are off to federal women’s immigration center, until Amtrak ticket to Ciudad-Juarez is arranged.
  
  Report this comment
pissantno.10
Posted on September 5, 2012 at 7:40pm
well luckly it does not affect us vaulcans

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Cemoto78
Posted on September 5, 2012 at 7:35pm
finally.

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The Jewish Avenger
Posted on September 5, 2012 at 7:33pm
No way… really? They let something go through?

*FAINTS*

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cemerius
Posted on September 5, 2012 at 7:32pm
When does Florida join the elite group?? I traveled to Miami Beach this weekend and English was a rare language!! My menu was in spanish!!

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- Kelly Henderson
  Posted on September 5, 2012 at 8:42pm
  I had that same problem in Miami. I tried to order a bacon and egg muffin at a little deli. After 15 minutes they brought me ham and scrambled eggs. I didnt complain.I would have starved.
  
  Report this comment
- Chrison
  Posted on September 5, 2012 at 10:29pm
  A couple of years ago, while we were travelling through Miami, our motor home broke down on the freeway in Hialeah. We called for roadside assistance, and the person who answered the call didn’t speak English!
  
  So, I unhitched our tow vehicle, drove off the freeway, and found a police station. The officer at the front desk didn’t speak English, so he pointed to a chair and said, “Wait.” About 10 minutes later, another officer can in the room. He barely spoke English, but was able to tell me to go back to my motor home and promised to send help.
  
  I did as the officer said, and returned to my motor home. About 30 minutes later, a tow truck arrived. The driver didn’t speak English! However, I managed to convey to him (mostly using hand gestures) that I needed to get my motor home off the shoulder of the freeway to a mechanic.
  
  The driver hooked-up our motor home and towed us off the freeway. He took us to a repair shop and unhooked us. I then went inside to talk to the mechanic. He didn’t speak English!
  
  So, borrowed a phone book, using hand gestures to do so, and went back to my motor home. I started calling repair shops in Miami trying to find one who spoke English. NONE of the shops I called in Miami answered in English! I *finally* reached as shop in Fort Lauderdale that spoke English. They dispatched a tow truck to come get me and pull me out of that hell hole!
  
  I will NEVER, EVER go to Miami again! EVER!
  
  Report this comment
- ProbIemSoIver
  Posted on September 6, 2012 at 5:04am
  Would the last American to leave Miami, please bring the Flag ?
  
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Anonymous T. Irrelevant
Posted on September 5, 2012 at 7:31pm
I hope this will bring more changes after November. Close the border, first, then honor those trying to immigrate legally, then help those with children who want to be here and speak English, deport the rest.

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progressiveslayer
Posted on September 5, 2012 at 7:31pm
Wonder how long it will take for Holder and his goons to drag Arizona back into court over this?
America is being invaded by illegals and it’s costing this country billions,something has to be done to stop the teaming hordes of illegals.

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- blanco5
  Posted on September 5, 2012 at 8:32pm
  Exactly, when we win something, they always come back with something else to ruin the moment.
  
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BeckIgnoresConstitution
Posted on September 5, 2012 at 7:30pm
Does that mean Obama will be avoiding Arizona?

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- El Paso Girl
  Posted on September 5, 2012 at 11:50pm
  LOL… Probably and a few more States
  
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