Tuesday, May 10, 2011

AZ Appeals to Supreme Court on Immigration Law


The article is about how Arizona Governor Jan Brewer is trying to ask the Supreme Court to repeal the Arizona Immigration Law Ruling. This planned appeal will happen for the second time after Brewer was denied by the Circuit Court of Appeals that refused to prevent key parts of the law to be enforced. The federal government says that the Arizona Law disrupts relations between the US and Mexico, intrudes on the exclusiveness of immigration, and severely burdens the legal immigrants in the country. The law was passed to quell complaints about how the federal is not doing much to regulate illegal immigration.
I believe that the Arizona Law must be banned. I think it is very racist and it contradicts the fundamentals of how our country is seen, to be a land of opportunity. The strict immigration policies in Arizona should be considered illegal because I believe that it has state powers mixing with federal powers.
An alternate solution that can happen is to get rid of the Arizona Law, and increase spending on the border patrol. It will satisfy those who say the federal government isn’t doing much on illegal immigration, it will get rid of the Arizona Law, make legal immigrants feel more secure, and it can also help our economy by creating jobs for more border patrol security. So what do you think will happen? Do you think Governor Brewer will get her repeal denied again? If so, what will happen with the people living here illegally in the US? What will happen with our relations with Mexico?

6 comments:

Amrit Saxena said...

I personally hope that Jan Brewer's second appeal is turned down as well and do believe that this will be the case. As far as the constitutionality of the law is concerned, that is up for the courts to decide, but I do believe that this law violates fundamental rights ensured by the Bill of Rights. Although Arizona has more than its fair share of illegal immigrants and this is one of the few pragmatic approaches to address this problem, it is simply racist and intrusive and should be repealed. In any case, I doubt that this will have any effect on US-Mexico relations.

Timothy Chidyausiku said...

Despite how discriminatory and unnecessary this law seems, I still believe that it's constitutionality should nonetheless be upheld. As a state greatly affected by illegal immigration, Arizona has the right to monitor all of it's citizens in order to maintain safety and security. Allowing police officers to arbitrarily ask people for their immigration (or is this only during arrests?) cards may sound absurd but should be of no concern to people who have legal status in the US. People talk about how this is a violation of the Bill of Rights, well, what ever happened to the 10th Amendment( "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.") or the elastic clause for that matter where "The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof" (It could still apply because a State Congress passed the law). We cannot expect to apply the Bil of Rights to animals, terrorists, or illegal immigrants for that matter... Otherwise, how can we ensure that the rights of legitimate citizens are also kept as the priority. In the opening statement to the Constitution, "We the people of the United State of America," the framers seem to imply and set the ground for the Constitution to apply TO "the people" (only legal residents/citizens are considered "the people..of America") and thus In actuality, the Constitution doesn't apply to "citizens," nor does it even apply to "people."

This is a better explanation of the Constitution. "It applies to the government. It tells the government what it can and can't do (the body tells the government what it can do, and the Bill of Rights tells it what it can't do). Immigration rules are administrative ones, and are mandated by Congress, not the courts...In reality, non-citizen's rights are NOT protected by the US Constitution. The government cannot completely remove the right of aliens to keep and bear arms, have freedom of expression, etc, but it can greatly restrict those rights almost to the point where they are non-existent."

Q.E.D. This Arizona law should be upheld.

Ayaka Chin said...

I think that that appeal will be denied not because the law is racist or anything like that. Rather, the law is claiming a right usually reserved for the federal government. If you read the actual text of the original proposed law (which i did when the issue first came up during the summer), there is nothing in the actual law that relates to racial profiling. But I do agree that it could possibly lend itself to racial discrimination, though it is not likely. All the law actually said was if one was caught doing an illegal act they are subject to a background check which is normal. If one is found to be an undocumented immigrant (by the way they are not called "illegal immigrants"), then Arizona claimed the right to deport. The right to deport is where the problem between the federal and state government occurs. I really don't think the racism aspect is the issue the Supreme Court will be looking at. Rather it is whether the state has the right to deport people. I understand the position taken by Arizona. The federal government regulations on undocumented immigrants are not up to par. I think that Arizona and many border states are frustrated and that it is a measure to move the federal government toward stricter and more effective solution.

raymond94010 said...

i really don't like the law, but i'm trying see it how the people who passed it see it. considering the social contract that the philosophers thought of during enlightenment, if the government fails to protect the people's natural rights to life, liberty, and property, then the people have a right to overthrow the government and establish a new one.... well they're not gonna overthrow the federal government, but it's the idea that the people of arizona... at least the representatives of the people of arizona are taking matters into their own hands as they feel that illegal immigration, being a bigger issue in arizona that most other parts of the country, is a threat to their natural rights that they want to deal with. since the state government in arizona did not feel that the federal government is not going to deal with it, arizona simply. its like how california tried to pass a legalize marijuana in prop. 19... completely controversial, but the logic was sound enough to be considered as a solution.

as it has been state several times when, considering the minorities' point of view, it sucks to be on he wrong end of that law.
we'll wait and see how this will turn out in the supreme court.

Jeff Ware said...

Hmmm.... I'm not a particular fan of this law, and I certainly don't hope that it survives. Perhaps more does need to be done in Arizona and other states where this is an issue, but this is not an acceptable way of going about it. On the other hand I don't really understand how this law puts any kind of serious strain on United States-Mexico relations. First of all, Mexico is in no position to be throwing fits about a single state law, and secondly, why would it care so much about the law in the first place. It’s not like it radically affects Mexico in some fundamental way. At the most, it would just express concern over, or disapprove of the law. I think that the Federal Government should stick to other, better arguments.

Emily Zelter said...

I agree on the stance that the law should be banned and that there is in fact a better solution to this problem. I seem to think that Governor Brewer's appeal will not make it through again simply because there are multiple issues going on in the US that need attention. I feel as though our relations with Mexico will suffer due due to our pulling away.
Even though I am in favor of banning the Arizona law, let me play devil's advocate for a minute. Even though allowing illegal immigrants will help to stimulate our economy, look at the number of US citizens who are currently unemployed. I feel as though we should be addressing the needs of the people who are already here before we let in more people who were not here in the first place. In addition, while the US is seen as the land of oprotunity, will it really be for illegal immigrants? I ask this because if I were an illegal immigrant, I feel as though I would be living in fear of getting caught and deported so much so, that I couldn't enjoy that all America has to offer.