The ACLU has suggested it will ask again for a Fourth Amendment injunction if the Supremes lift the earlier one. Whether this will work relies on what the justices decide. It's possible their ruling will make it harder for the ACLU to get a Fourth Amendment injunction from Bolton.

Gone are the days when we could count on the U.S. Supreme Court and the federal government to ensure that civil rights remain inviolate. Sadly, that concept seems as outdated as pet rocks and lava lamps.

Nor can we rely on the feds to descend on Arizona like paratroopers on D-Day and save us from the authoritarian excesses of Sheriff Joe, or an Arizona GOP hellbent on keeping the brown down for as long as possible.

Nevertheless, after last week's oral arguments, folks on the left played the blame game, since the federal government's side took a serious beating.

Some blamed Verrilli, and some blamed the high court. Others took aim at easier targets, like the bigots who gave birth to the statute — Kansas Secretary of State Kris Kobach and recalled Arizona Senate President Russell Pearce.

However, I'd posit that there are two bad players in this madness. Foremost being President Barack Obama.

Why didn't the feds pursue a Fourth Amendment claim against 1070? Or a 14th Amendment claim involving racial profiling?

In part, because the feds are themselves often guilty of the same civil rights violations they accuse others of committing. It doesn't take an extensive Google search to find examples of U.S. citizens caught up in ICE's immigration dragnet, for example.

Going through a U.S. Border Patrol checkpoint in Arizona is instructive. If you're Anglo, you'll be waved through without a second glance. Latinos, whether citizens or not, can expect a delay, to say the least.

It's not just in Arizona. The ACLU recently filed a class-action lawsuit in Washington state, of all places, against the Border Patrol, alleging a pattern and practice of discriminatory policing.

Seems there's little for bored Border Patrol agents to do near the Canadian border, so they stop Hispanics continually. The case includes examples of two Latino citizens, each of whom was stopped and questioned on more than one occasion.

I know what the Dems out there are thinking. But, no, the Obama administration doesn't get a pass because the policies that have led to such profiling started in the previous administration.

Indeed, with former Arizona Governor Janet Napolitano at the helm of the U.S. Department of Homeland Security, programs utilizing local cops as "force multipliers" in immigration enforcement, such as the 287(g) program and Secure Communities, have expanded, allowing Obama to deport more illegal immigrants in three years than George W. Bush did during his eight years as president. (Note: 287(g) is now being phased out in favor of S-Comm.)

Who gave Arpaio the largest force of 287(g)-trained officers in the country, empowered to enforce immigration law? Dubya. Who let Arpaio abuse that authority in the field through most of 2009 and in the jails up until late last year? Obama.

Moreover, how do you go to the court and argue that the feds own immigration enforcement, when DHS has been handing out the same authority willy-nilly with a program like Secure Communities, in which even those nabbed with piddling offenses are jacked up on immigration holds and deported?

"The federal government doesn't like [SB 1070]," Verrilli's foil, Paul Clement, correctly told the high court. "But they are very proud of their Secure Communities program . . . [which] makes clear that everybody's who's booked at participating facilities . . . eventually has their immigration status checked."

Verrilli contended that the states need a permission slip from the feds to enforce immigration law. A less-convincing line of reasoning is difficult to imagine.

Right out of the gate, Obama hired the Democratic governor of a viciously red state to be his DHS honcho, setting up a line of dominos that inevitably fell, resulting in a Republican governor signing 1070 into law.

Then, his administration doubled down on interior enforcement and the militarization of the border while assuring Latinos that Democrats would get around to comprehensive immigration reform one of these days.

Sure it will . . . When the Dems owned both houses of Congress, they punked out on comprehensive immigration reform. The Ds couldn't even make a moderate, broadly supported proposal like the DREAM Act a reality.

This time around, Obama's strategy is to demonize the easily demonizable GOP as a collection of Ku Klux Klan-wanna-bes and assure Hispanics, as he did in 2008, that he'll make comprehensive reform happen.

That seemed like a winning strategy until Republican U.S. Senator and vice presidential hopeful Marco Rubio began talking about a GOP-sponsored version of the DREAM Act.

Rubio's giving Obama some heartburn and may make the president compete for the Latino vote in November. This demonstrates that, as I argued in last week's column, the end of Mexican-hating policies in Arizona and the nation ultimately will be achieved via political means.

I'm not dissing the feds entirely. I'm happy they sought a 1070 injunction from Bolton on the grounds of preemption. "States rights" is code for institutionalized racism, from slavery up to and including Russell Pearce, and it must be opposed.

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101 comments
webemployer
webemployer

America is not the greatest country statistically. WE have the most incarcerated citizens and the most teen pregnancies. WE are failing as a nation, Obama isn't failing us. What happened to the patriotism of our nation? It's gone, it has been overtaken by ignorance. WE have pretty bad education also, which is partly every presidents fault. When religion is allowed in science class, we have a serious problem. http://blog.yahoo.com/allpharm/articles/page/1 

http://blog.yahoo.com/cheapcigs/articles/page/1

Bah-Zing
Bah-Zing

What does this have to do with Agenda 21?????

Traxx10
Traxx10

What part of illigal don't you get ?? here in Arizona we are REQUIRED to carry identification and if you don't have it then YOU probably ar here illigally. If you look at liberal states like California and all they give the illigal population you can see what a financial mess they are in.

Sixreyes
Sixreyes

Do u really think that it is that easy to get a visa to come here from Mexico legally?Even if u own land and have money in the bank it is still a 99% denial for a visa.Wake up folks!

Harry
Harry

a superslick CON-JOB who says what people want to hear but is CORRUPT to the bone- and has deceived America by hiding his criminal past- he even surrendered his LAW license to avoid investigation- More than 40 lawsuits were filed against Obama's (proven) FORGED birth certificate and multiple SSN's and did you see even one word on the last line of any newspaper in America (or on any TV-station)? (of course you didnt) Becuase we in America (who pride ourselves on our freedoms) have a controlled news-media- who NOT only refuse to report on Obamas past indicetions(crimes) but are complicit in hiding and covering his past- OUR SYTEM is BROKEN-

Carol Dijkhuyzen
Carol Dijkhuyzen

These animals attacks the President and even blames him...AZ the loony State...

MikeD
MikeD

GreenHornet misses the point. There is plenty of unskilled, Legal, Documented, workers (Yes that does include People from Mexico, China, Central America, etc) to cover this type of labor. Before I "Offend" anybody the term "Unskilled" is a term used by our government for workers of manual labor. Personally I believe it take a great amount of skill and manual dexterity to pick lettuce. The point Bobj was attempting to make is America has always welcomed Immigrants who come here the correct, proper, legal way. Those who want to become Americans and embrace our society and way of life.

John
John

This just happened to me as a white American walking on the sidewalk late one night in front of the US Embassy in Mexico City.

AS
AS

Article is total nonsense. I can spot an illegal immigrant very easily - lack of English is one. .

ron
ron

New Times is garbage, used to love it, now can't stand it. One sided, fabricated articles.

Sam
Sam

Really????!!!!!! are you frickin' kidding me???? People... breaking the law is breaking the law and if you get caught you suffer the penalties!!
Do any of you realize the hoops (not to mention the cost) an immigrant has to jump through to gain legal status of any sort? But THEY are seeking the American dream and these fine people do it the right way and then some illegal Alien from Central American just sneaks across the border and makes these fine folks who did it right feel like some punk that just got cut in front of in line.... If you want to live the American Dream DON"T start your journey with an illegal act come in the right way,the way the people in this country through elected officials and legislation have deemed proper and America will welcome you with open arms...However just because so many have done it the illegal way for so long don't start crying now because we start enforcing the law! DON'T MISTAKE PAST KINDNESS FOR WEAKNESS WE ARE AMERICANS!!!

Jim
Jim

I come off the plane and hit immigaration they ask to show my passport and what I'm doing there. Move forward to customs, no fruit, dirt, or medical stuff. Get to the hotel I have to show my ID. To get in our office I have to show an ID. Walking around at night a police officer stops me and wants to see my passport. I was just walking but he says its not a good neighborhood. I actually thank them but shocked I'm only a block from the hotel. Where's Waldo here? I'm in Mexico City, Mexico!

charlie_oscar
charlie_oscar

I would point out another factor that drove this bill...and it was the militant latino community (and gang members) marching in Phoenix with clenched fist raised high and waiving the Mexican flags... Seriously!...Who was the clown that thought that was a good idea for public relations campaign? There was major backlash during that flag waiving event -and it will NEVER bridge the gap or increase the odds for some level of amnesty.

Meso
Meso

Crime & the Illegal Alien
The Fallout from Crippled Immigration Enforcement

Some of the most violent criminals at large today are illegal aliens. Yet in cities where crime from these lawbreakers is highest, the police cannot use the most obvious tool to apprehend them: their immigration status.

Fedgovfail
Fedgovfail

Sb1070 isn't racist, it specifically states that racial profiling is not allowed.

I see this racist rag is still promoting division by printing lies. I am stunned that you have managed to stay in business for so long. The only explanation is that you have some really stupid racist readers that actually believe the shit you print.

People like you, new times staff, don't deserve to live because you are counter productive to a thriving nation.

Illegal is not a race or ethnicity, it is a crime.

Would any of you mind if I break into your home and take what I wanted to enrich my life?

Do any of you have a fence or wall around your property? If yes, why?

Do any of you lock your doors? If yes, why?

Sarum
Sarum

"You get what you give." That WAS true. That WAS the American Dream. Perhaps those still living in the residual/residue need some of the hard knocks the rest of us have been through that we might all get on the same page.

"What is Arizona contributing to the Nation?" As compared to what or whom? or the old standby - "love it or leave it." As for this "issue", my multi-lingual father had his tires shot flat on Houston St, NYC 30 years ago for having an "English Only" bumper sticker - the problems AZ is experiencing are not relegated to this state alone. Neither are the SB1070 type laws.

SEAL wife here is NOT proud of being the baddest MF's on the planet. Thinking of a recent helicopter crash, thinking of a recently deceased coroner, thinking of all the smart people who dedicated themselves to their employers only to be ousted because that combination of dedication and hard work caused them to become just as big of a risk as they were an asset. Thinking of the privatization of profits & socialization of losses. Thinking of DU weapons. Thinking of "collateral damage." Thinking of how the hell do I advise my kids to navigate the minefield of life they face? Because getting what you give is simply no longer true.

"Learn to co-exist and not resist everything American!" Lots of interpretations possible here. Is it fair or should it even be legal for media organizations to pander to "immigrants" in their language of origin? Does that encourage them to learn "la lingua franca" and become a part of this nation? Or does it encourage them to colonize the US with their separate communities? What of all the "collaboraters" that had to be resettled here in order to have any life at all? They really really hate US. Clearly, (to me anyways) the goal is for the few to profit from the many any way they can and common goals and moral right/wrong are not absolutes - only relative to the situation of profit.

DNichols
DNichols

If Sotomayor, and Scalia were in the back of a pickup in Eloy Arizona, they would have been Shot, and Killed, then there papers would be checked.

Brewer has bypassed SB1070 using State Funded , non-vetted Vigilantes.

SB1070 is a Moot Point.

lujlp
lujlp

Here's a question, if the state government should be barred from helping enforce federal law in the case of immigrationtion, should they not also be barred from helping in the case of interstate kidnapping, bank robbery, and drug enforcement?

And if the states are to be barred from enforcing federal law, what does that say about instances when state laws contradicts federal law/policy such as in the cases of California's and Arizona's medical marijuana laws?

Bobj
Bobj

The New Times would have you believe if every one of the "Undocumented Immigrants" (as they fondly WISH to be called) were sent home the entire world would just come to a screeching halt, our civilization would collapse, and we would just die horrible deaths! Would it be a difficult task to adjust to life without Illegal labor? Yes. But not impossible. The world goes on. Civiliations adapt. Guess what? High school kids might have jobs again mowing lawns, working at MacDonalds! The wait in the ER of a hosptital would probably be half. Identity theft would plummet. Employers would have to start paying a liveable wage and start respecting employees again. Would we have to pay a bit extra for a head of lettuce? Probably yes, but we would adapt to it.

ernie13x
ernie13x

Love your tenacity Stephen but don't agree that Obama is to blame on this. You're talking about the last state in the union (and yes all you doubters, Arizona really is a part of the U.S.) to accept Dr. King's birthday as a National holiday albeit with protests and boycotts costing this state at least in the millions. Deja vu SB 1070! We have to get past hating to be a part of America. We ARE a part of America. Home of the free BECAUSE of the brave. Stop disrespecting the contributions, the death, dismemberment, the sacrifices of our Armed Services. Stop complaining about the Feds and remember it's a two-way street. You get what you give. What is Arizona contributing to the Nation? What I've seen in the four years I've lived in this State is complaining and resisting and acting like the rest of America is the enemy. No man, woman or state is an island. We're Americans and there's no shame being proud to be a part of the baddest motherfuckers on the face of this planet Earth. It should be a source of pride. I'm a woman who served my beloved Country during the turbulent times of the Viet-Nam era. Act American and be proud of our rich and diverse heritage. Learn to co-exist and not resist everything American!

Victor
Victor

I read some of the comments that have been posted here and I can not believe what some people believe. It is like the emails that fly around with bullshit that is so far from the truth that no one should even read them but they read them and believe them.
People, get a life and check the facts

sarum
sarum

oh Friendly House, oh Friendly House, what in truth is your mission? Cuz when I had interaction with Friendly House they would only help immigrants that spoke Spanish. That is prejudice and misrepresentation of your organization and it is against the law. All these years when my employer encouraged/forced us to donate to United Way; the Friendly House description never mentioned that they are/were an illegal prejudice organization serving Spanish speaking only. Allowing entities to misrepresent themselves is also illegal for the United Way to permit. I am not up to date as to whether "Friendly House" is now "friendly" to the many "immigrants" in our area that don't speak Spanish or if they are still as xenophobic in their mission, however, due to their criminal past I think they should be thrown out of court with "no standing."

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MKULTRA

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George Williams
George Williams

Racial profiling argument won't wash. Racial profiling might be used for any law, not just for immigration laws. Are we to deny the Arizona the right to make law based upon its potential for abuse? The Court reads the newspapers. The Obama regime has been transparent about its agenda for a long time new. Their kind; progressive liberals, are in the minority in this country, and they know that the informed public must be overcome by adding new ever grateful new and more pliant voters to our population; the amnestied illegal alien. Their intent is to go around the laws of the land and the will of people. Obama and company believe that they are so intellectually superior that Congress and the majority of Americans seem like knuckle dragging Neanderthals by comparison. I've watched Obama for a long time now. This man was a C or D student in college, having survived his academic years by the good will of his sponsors through affirmative action. He is the negative example of a poster child for merit based academics.

john johns
john johns

reading all the comments to this story it appears new times should be printing their paper in spanish the slant from the writer of this story seems to be reaching out to the hispanics who have illegal brethren living here. i for one cannot figue out why a rag like new times wastes its print in english when for all purposes their reader base only understand's spanish.

ASN
ASN

Stephen, I read all of your articles and very much respect you for being one of the few journalists with balls in this state. That said, I do think the comment ""States rights" is code for institutionalized racism, from slavery up to and including Russell Pearce, and it must be opposed." is a bit of a stretch. States rights is about a whole lot more than a state being able to discriminate against its citizens. What about a state (and its citizens) being free from an overbearing, obstrusive federal government that wants to dictate the terms and conditions of everyone and everything? The vast majority of states rights issues do not involve racism - even in Arizona. Take medical marijuana as an example. Stephen, when you say "states rights is code for ... racism" you are basically falling into the trap that winners like Russy Pearce love, because they will turn it right back around as another excuse to bash the 'liberal media' and how everything is a conspiracy against conservatives. As I think the body of your work demonstrates, you're better than that.

Eric
Eric

what a bad author, i mean just terrible biased writing, illl never read this publication again.

KarenG
KarenG

Can I suggest that all the staff at the New Times stop on any street corner in my neighborhood around Cave Creek and Bell Road, pick up one of the many, many "brown" men standing around who presumable are NOT illegal Mexicans, take them and their wives and children back to their own homes and from then on provide medical care, education, work, etc for the NOT illegal NOT Mexicans. Til you do that, SHUT UP! Put YOUR money where YOUR mouth is.

Rvhobo1954
Rvhobo1954

Two main categories of folks exist today in America the whiners and the non-whiners! I am so glad I fall into the non-whining category, this issue will fade in time, the folks who ran their blood pressure levels up to premature cardiac arrest will be deceased before their time, the looney tunes will still be looney tunes and life will go on!:-)

farscape_babe
farscape_babe

I live in AZ for 14 years now but even when I lived in CA & MO I had to carry ID. It is against the law not to have ID and if you get pulled over or a cop asks for ID and you don't have it on you OFF TO JAIL so why should it be any different for ILLEGAL ALIENS??? HMMMM Maybe because the liar in chief is an ILLEGAL ALIEN...

 

illegal alien noun1.a foreigner who has entered or resides in a country unlawfully or without the country's authorization.2.a foreigner who enters the U.S. without an entry orimmigrant visa, especially a person who crosses the borderby avoiding inspection or who overstays the period of timeallowed as a visitor, tourist, or businessperson. Compareresident alien. That is AGAINST THE LAW

Paula mendoza
Paula mendoza

So dose that me cause my last name is mendoza cause of my husband so you are saying if i forget my id that im illegal

Bobby
Bobby

No, Arizona the "free state", so far, no thanks to leftists like yourself.

L622
L622

You morons are all missing the point. The problem is that the vast majority of hispanics are here legally. They are either natural born citizens; naturalized citizens; or legal residents, and just because they're brown, amd maybe wearing a "sombrero," any dumb white cop and determine that they "look" illegal" and they end up in detention with ICE. The problem with SB 1070 and other laws like it is that it violates civial rights of hispanics, or anybody that "looks" hispanic. This is why native americans, and many other nationalities of color hate SB 1070. I guess it's ever so easy to ignore the civil rights violation part when you're white and you never have to fear being stopped and detained for no reason. You people disgust me... Great job, Mr. Lemons!!!! Keep up the great work!

Richard1980
Richard1980

The vast majority of liberals are angry, that's their mindset blaming it on race is just a typical excuse used to validate what is already there. The black liberation theology President Obama has been trained in probably hasn't helped Michele or him. President Obama has every right to act angry since he has discovered "We The People" are not the morons he thought we were. http://www.protopage.com/buy-pall-mall-cigarettes http://www.protopage.com/buy-winston-cigarettes http://www.protopage.com/buy-luckystrike-cigarettes

guest
guest

they won't be in business for long after backpage's lucrative pimping and pandering section gets shut down.

Fedgovfail
Fedgovfail

The best thing you can do for your kids, seal wife, is to tell them to NOT enlist in any armed forces, to NOT work in the government sector and to work in the private sector.

What the majority of government workers don't realize is that by working for the government they facilitating the destruction of the nation they claim to love so much.

The federal government is comprised of power tripping tyrants. By taking orders from congress to fly across the globe and kill innocent women and children is not helping the USA or keeping any US citizen "free". In fact, US citizens are debt slaves.

GreenHornet
GreenHornet

"Would we have to pay a bit extra for a head of lettuce? Probably yes, but we would adapt to it."

Sure, send home all the illegals, but make fat white idiots like you pick that fucking lettuce in the goddamn sun till you stroke.

Victor
Victor

you really believe the crap you read? get a life and look at the facts, not just what someone tells you

George Williams
George Williams

Try reading transcripts of the case, Karen, perhaps you'll learn something other then you're own talent for ignorant rhetoric.

Ali Alexander
Ali Alexander

This issue will fade in time as a large number of illegal aliens go home under their own steam or through deportation. This issue is linked to others, such as the high unemployment rate, high healthcare costs, poor performance of "American" kids in schools despite the high cost of education, and similar issues, all of which are linked to importing large numbers of unskilled, uneducated working poor illegal aliens.

farscape_babe
farscape_babe

NO The law requires all CITIZENS TO CARRY ID. It's the LAW

illegal alien noun1.a foreigner who has entered or resides in a countryunlawfully or without the country's authorization.2.a foreigner who enters the U.S. without an entry orimmigrant visa, especially a person who crosses the borderby avoiding inspection or who overstays the period of timeallowed as a visitor, tourist, or businessperson. Compareresident alien.

Bobby
Bobby

How about any dumb hispanic cop?

sarum
sarum

Plenty of US born Mexicans hate this but tolerate it as their duty as citizens and support SB1070.

sarum
sarum

No, let all the youth addicted to Afghani heroin paid for by we taxpayers to protect and bring in through MX pick the lettuce through their rehab program that we also will have to pay for - but at least we will finally be setting them on the right track. And guess what? Prolly just as many MX descent kids hooked on that shit as any other race you bigot.

sarum
sarum

Ignorant? omg. I thought it was illegal to pick up workers off the street anymore but I see so many that I presumed they are working for Sheriff Joe in a sting op - but if so, their job for the Sheriff has no end.

Karen's argument is correct - its all part of the privatization of profits and the socialization of losses - same with those who wage war on women - there are plenty of suffering kids already here - take them under your wing - help the families out rather than tell mom she is relegated to breeder status regardless of what the men in her life do to her and regardless of anybody's ability to adequately support those children already here.

Karen is just saying put your money where your mouth is. Looks to me that those who took economics 101 had their common sense/brains washed right out of their heads.

sarum
sarum

oh Pew Pew Pew PU! They lost all credibility with that recent pronouncement of theirs - at least the first report admitted that it is sketchy trying to gather stats on people "living in the shadows" but all the copycatters that can't bother to pay journalists with brains managed to omit that caveat and merely went and reported PEWPEWPEW as fact - all with suspicious timing of course. Along with dead Seal Team 6 and dead Breitbart coroner and a gazillion other suspicious things - I don't see them going home and I don't see a whole lot of deportation going on. And I don't think these other issues you mention are related much - we have plenty of disenfranchised populations born here for generations that contribute to that problem as well as the fact that we are breeding dumber and weaker for other reasons to lengthy to list here.

Wanumba
Wanumba

The linkage is false, however. If the illegals were to go home, but the problems listed would remain - plus the additional problems that come from not having cheap labor.

Beware of unintended consequences.

Bartolomeo
Bartolomeo

In reality, Wanumba, if the illegals were to go home, the problems listed would be greatly diminished! I don’t think that the implication was that illegals were responsible for ALL our problems.
As I work with many young single adults, I know for certain that most would GLADLY work in areas of cheap labor. Finally, many young adults have faced the reality that Mom and Dad cannot continue to carry them indefinitely.
Also, beware and be happy for intended consequences; ie., less money needed for education, health care, law enforcement, etc. etc.

 
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