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Addendum to my last post....I see my error (though it seems a bit like splitting hairs).....you will be 'detained' until your citizenship status is established; then if it is found you are an illegal, you will be sent to federal prison. I still have trouble seeing how this is not a violation of human rights and the Constitution.
SB 1070, 8B requires a lawful contact with the person and a reasonable suspicion that the person is in the US unlawfully. Stopping someone who isn't suspected of another infraction is not a lawful contact.
If the officer cannot determine with reasonable effort whether someone lawfully contacted is here lawfully, then 8D allows the officer to take that person to a federal facility for transfer to fed authority. That is not a federal prison, as a prison has no jurisdiction to accept anyone who hasn't been sentenced to a prison by an appropriate judge.The only authority authorized to accept such people is ICE.
It is possible that detained folks could be held in an AZ facility (jail) until transfer, but every state has a law limiting the time a person can be held in custody without charging that person with a crime. If ICE accepts these transfers, then current applicable federal law will apply. If ICE refuses to accept those transfers, which should be their job despite those who have called for them to refuse, who knows what the future of this law will be.
8E allows arrest of someone who the officer has probable cause to believe that the person has committed a crime that makes the person deportable. Probable cause is the standard for any arrest made by any police authority. I think this is the only section of the law that could be found to be unconstitutional because federal law on this point may reserve sole authority on the matter to the feds.
46 states driver's license will be adequate ID in AZ. HI, UT, NM and WA are not acceptable. This is just my opinion. Most legal citizens should not have to worry unless you are from the 4 states mentioned above. If you have a NM, HI, UT or WA driver's license you better bring your passport when traveling in AZ.
If ICE refuses to accept those transfers, which should be their job despite those who have called for them to refuse, who knows what the future of this law will be.
The feds could even pull all border enforcement out of there until the law's repealed. If Pres. Obama had FDR's guts he'd do something like that.
46 states driver's license will be adequate ID in AZ. HI, UT, NM and WA are not acceptable.
Most legal citizens should not have to worry unless you are from the 4 states mentioned above.
If you have a NM, HI, UT or WA driver's license you better bring your passport when traveling in AZ.
This is the New Mexico forum, so it would make sense that this discussion take place.
I am one of those who is a legal resident of New Mexico and I have a New Mexico Drivers license.
My US Passport expired a few years back. New ones will be $135 (and there apparently are some less expensive limited use "ID" passports)
If you were born in the United States then your basic primary proof of citizenship is you actual birth certificate (The when registered in the state you were born). You can usually get certified copies for about $10.
SB 1070, 8B requires a lawful contact with the person and a reasonable suspicion that the person is in the US unlawfully. Stopping someone who isn't suspected of another infraction is not a lawful contact.
I understand that and actually spoke to that in one of my posts. Additionally, one of the potential reasons an officer can lawfully stop someone is if they suspect them of trespassing, which is defined in #11 as: Specifies that, in addition to any violation of federal law, a person is guilty of trespassing if the person is:
a)present on any public or private land in the state and
b)is not carrying his or her alien registration card or has willfully failed to register.
Quote:
Originally Posted by jiminnm
If the officer cannot determine with reasonable effort whether someone lawfully contacted is here lawfully, then 8D allows the officer to take that person to a federal facility for transfer to fed authority. That is not a federal prison, as a prison has no jurisdiction to accept anyone who hasn't been sentenced to a prison by an appropriate judge.The only authority authorized to accept such people is ICE.
I beg to differ; #3 states: "Requires an alien unlawfully present in the U.S. who is convicted of a violation of state or local law to be transferred immediately to the custody of ICE or Customs and Border Protection, on discharge from imprisonment or assessment of any fine that is imposed."
Quote:
Originally Posted by jiminnm
It is possible that detained folks could be held in an AZ facility (jail) until transfer, but every state has a law limiting the time a person can be held in custody without charging that person with a crime. If ICE accepts these transfers, then current applicable federal law will apply. If ICE refuses to accept those transfers, which should be their job despite those who have called for them to refuse, who knows what the future of this law will be.
8E allows arrest of someone who the officer has probable cause to believe that the person has committed a crime that makes the person deportable. Probable cause is the standard for any arrest made by any police authority. I think this is the only section of the law that could be found to be unconstitutional because federal law on this point may reserve sole authority on the matter to the feds.
Actually, that's from #5, and you left out the part that the officer does not need a warrant to make such an arrest. Now, I have never been arrested, ever, nor am I a law expert, so I don't know if a warrant is always required or not. But, I was schooled by the moderator for being off topic (interesting, he/she didn't find it necessary to advise anyone else of that), so I am going to respectfully refrain from commenting further.
I beg to differ; #3 states: "Requires an alien unlawfully present in the U.S. who is convicted of a violation of state or local law to be transferred immediately to the custody of ICE or Customs and Border Protection, on discharge from imprisonment or assessment of any fine that is imposed."
Actually, that's from #5, and you left out the part that the officer does not need a warrant to make such an arrest. Now, I have never been arrested, ever, nor am I a law expert, so I don't know if a warrant is always required or not.
Many states today turn over illegal aliens to ICE after they serve a prison sentence in state. I don't know what the current law is in NM or AZ on this, so it may be new to AZ but it is not new.
The law today in all states, I think, only requires an arrest warrant if the arrest is being conducted after some specific length of time has passed following the event causing the arrest. If an officer witnesses a suspect doing something that appears illegal, is in pursuit following an event, or takes some other more immediate action, then a warrant is not generally required.
Now, I have never been arrested, ever, nor am I a law expert, so I don't know if a warrant is always required or not.
Generally probable cause is the standard by which a police officer has the authority to make an arrest. Being witness to a violent crime being committed is one example where no warrant is needed. Discussion of Probable Cause would probably fill many books. What may concern some people in this thread is what probable cause will Arizona Law Enforcement Officers use to stop and question someone to begin with? I am not an attorney...
46 states driver's license will be adequate ID in AZ. HI, UT, NM and WA are not acceptable. This is just my opinion. Most legal citizens should not have to worry unless you are from the 4 states mentioned above. If you have a NM, HI, UT or WA driver's license you better bring your passport when traveling in AZ.
I have a NM ID and a Hispanic last name, I speak perfect english and I am very very light skinned, Im sure the cops wouldnt think Im an illegal. I really doubt they would mess with me, and if they did, they would just be abusing their authority, but I've dealt with those cops in ABQ before so nothing new there. If I did happen to go to AZ, (I hate AZ and I dont like to go), I would just take my birth certificate.
I love Arizona and that is why I live here most of the time. My wife is native american and I expect her to get questioned if stopped so we will be prepared. No big deal!!! We have REAL driver licenses here in AZ!!
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