Thursday, July 29, 2010

AZ SB1070 - The latest

The sheriff who is considered to be the toughest sheriff in the nation, Joe Arpaio, made an appearance on Good Morning, America in which he threatened to jail protestors of the anti-immigration law after it takes effect. The sheriff of the most populous county in Arizona says he's "not going to put up with any civil disobedience" . You know, he's the guy that makes the inmates wear pink underwear and live in tents in 110* weather. I have always wondered how he can get away with this. Doesn't it violate the human rights code? But Maricopa County residents love him; they must because they keep reelecting this sadist.

Fortunately, Judge Susan Bolton of Federal District Court issued a preliminary injunction against sections of the law, scheduled to take effect on Thursday.

Following are excerpts from the NYT article on Judge Bolton's ruling.

A spokesman for Gov. Jan Brewer, a Republican who signed the law and has campaigned on it for election to a full term, said Wednesday that the governor would appeal the injunction on Thursday and ask for a speedy review. Legal experts predicted that the case could end up before the Supreme Court.

The ruling came four days before 1,200 National Guard members were scheduled to report to the Southwest border.

Judge Bolton, appointed to the bench by President Bill Clinton, did allow some, less debated provisions of the law to go into effect, including one that bans cities from refusing to cooperate with federal immigration agents.

But she largely sided with arguments in a lawsuit by the Obama administration that the law, rather than closely hewing to existing federal statutes, as its supporters have claimed, interferes with longstanding federal authority over immigration and could lead to harassment of citizens and legal immigrants.

“There is a substantial likelihood that officers will wrongfully arrest legal resident aliens,” she wrote. “By enforcing this statute, Arizona would impose,” she said, citing a previous Supreme Court case, a “ ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.”

“This fight is far from over,” said Ms. Brewer, whose lawyers had argued that Congress granted states the power to enforce immigration law particularly when, in their view, the federal government fell short. “In fact,” she added, “it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens.”

State Senator Russell Pearce, a Republican and chief sponsor of the law, said in a statement that he was confident that the sections blocked by Judge Bolton would survive on appeal.

But Gabriel Chin, a professor at the University of Arizona School of Law who has studied the law, called the ruling “a nearly complete victory for the position of the United States.”

He noted that she ruled in the federal government’s favor on most of the points it challenged.

Aside from stopping the requirement that the police initiate immigration checks, the judge also blocked provisions that allowed the police to hold anyone arrested for any crime until his immigration status was determined.

“Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked,” she wrote.

She also said Arizona could not make it a state crime for non-citizens to be in the state without proper documents, nor could it allow the police to conduct arrests without warrants if officers believed the offense would result in their deportation. She said there was a “substantial likelihood” of wrongful arrests.

The parts of the law she did allow were not challenged by the Justice Department, but do figure in some of the other lawsuits filed. They include forbidding “sanctuary city” policies by allowing residents to sue the local authorities if they adopt policies restricting cooperation with the federal government in immigration enforcement.

She also let stand a provision aimed at day laborers, who are mostly Latin American immigrants, by making it a crime to stop a vehicle in traffic or block traffic to hire someone off the street. But she blocked a provision that barred illegal immigrants from soliciting work in public places.

Terry Goddard, the Arizona attorney general who opposed the law and is a possible Democratic opponent to Ms. Brewer, was quick to condemn her for signing it. “Jan Brewer played politics with immigration, and she lost,” he said in a statement. ( I will vote for Terry Goddard. He's a good man.)

But Republican candidates, including Senator John McCain of Arizona, who is seeking re-election, criticized the Obama administration for bringing suit.

“Instead of wasting taxpayer resources filing a lawsuit against Arizona and complaining that the law would be burdensome,” Mr. McCain said in a joint statement with Senator Jon Kyl, Republican of Arizona, “the Obama administration should have focused its efforts on working with Congress to provide the necessary resources to support the state in its efforts to act where the federal government has failed to take responsibility.”


(The following post was created before Judge Bolton issued her ruling on the Arizona Immigration Law and I am attaching it to this post.)

Classical musicians would most certainly include Mozart, Bach and Beethoven on this post. While they wrote great music I am not going to go there because I am sticking with light classics. My definition of light classics would be melodies familiar to a larger group of people.

Ravel's Bolero Andrei Reiu

Claude Debussy
Clare de Lune - Maria Kovalszki, Pianist
This selection is in every pianist's repertoire.

Pavane pour une infante defunte Vladimir Ashkenazy
Conductor S. Ozawa

Stranger In Paradise (theme from the Godfather) melody borrowed from Pyotr Ilich Tchaikovsky. Andrei Reiu, violinist.

Jalousi, The Boston Pops Orchestra, Arthur Fiedler, conducting

I have indulged myself long enough. I promise that my next post will be on something other than music. This has been a selfish undertaking on my part. I have enjoyed listening to some of my favorite melodies and training my brain to hear them again. I have taken you along for the ride and I hope you had time to enjoy a few of these musical videos.


Montana said...

“House Bill 2013” and “SB1070”

0 = Arizona
2 = USA/ Our Constitution/ We the People of the United States

This month of July 2010, our U.S. Federal courts have found the so called State of Arizona hate filled legislation namely “House Bill 2013” and “SB1070” Un-constitution (So much for the intellect of Jan Brewer, “Did you read the bills you signed?”). But we all know that they will go crying to the Supreme Court of the United States, please, please, please go. We will fight you in Arizona, any other state, and yes in Washington DC. We will not tire, we will not be silent and we will persevere, I promise you.

In my opinion the Republican Party has been taken over the most extreme of clans; the Baggers, Birthers and Blowhards (people who love to push their beliefs and hate on others while trying to take away the rights of those they just hate) and that’s who they need to extract from their party if they real want to win in November. Good Luck, because as they said in WACO, “We Ain’t Coming Out”.

It’s all about politics: Jan Brewer you were never elected to be Governor, but you have no problem trying to get elected on the back of undocumented workers, you loser (sure you may win but the long-term effects to your so called State is just beginning). Here is a partial list of your hate filled legislation;

1. S.B. 1070,
2. House Bill 2013
3. No permit conceal weapons law,
4. The famous Birthers law,
5. Banning Ethnic studies law,
6. Banning human-animal hybrid (aren’t most GOPers crossed with the Reptilian race?)
or are they just giving Laurence Gonzales, some great promotion material for his new book “Lucy”.

7. Could she be behind the Mural in Prescott, Arizona, ordered to be whiten,
8. On deck to pass, no citizenship to babies born to undocumented workers,

9. If she can read she should look up Arizona’s House Bill 2779 from two years ago (which was un-constitution and failed when legally challenged),
10. The boycotted Martin Luther King Day, what idiots don’t want another holiday? Yes, you guessed it Arizona.

Well Arizona, you can keep boycotting new holidays, passing hate filled legislation and the rest of our country will continue to challenge you in court of law and Boycott your so-called state.

Lets face it, no one can real believe anything that comes out of Brewer’s mouth, in an interview, this year, in an attempt to gain sympathy, she first said her father had died in Germany fighting the Nazi in World War II (which ended 1945) but of course we find out the truth that father was never in Germany and died in California in 1955. But we are suppose to believe everything else she says, right!

As they say in the World Cup: Gooooooooal!

Darlene said...

*Montana - Yes, I read that item, too. Thanks for including it as your comment.

Looking to the Stars said...

This seems like a big mess to me. I read your pevious post and I really enjoyed the songs your mother loved. I used to sing them to and it took me back :)

K. said...

"Requiring Arizona law enforcement officials and agencies to determine the immigration status of every person who is arrested burdens lawfully present aliens because their liberty will be restricted while their status is checked"

This seems like black, by the Ayn Rand book, conservative concept of liberty. That they don't support this shows how little they care about freedom when it applies to anyone but themselves.

Darlene said...

*Looking to the Stars - I will never hear the first two songs without seeing my mother's face. Such is the power of music.

*K - Ayn Rand's philosophy strikes me as a "Let them eat cake" mentality. Only the rich are deserving of freedom or anything else by her standards.

Betty said...

I've been enjoying your musical interludes. So glad parts of the new immigration law were put on hold. Now, if only the right-leaning Supremes will decide it's unconstitutional.

Darlene said...

*Betty - I really worry about the Supremes rulings now. They seem to be so far to the right that ideology becomes more important that precedence. God save us if this trend continues.

Xtreme English said...

Totally off the subject, but how come I have you listed on my blogs to read, and your blog never shows up??? This is clearly my problem, but I get a gazillion posts from Prince of Petworth (whom I love to read, don't get me wrong) but none--NONE--from you! I gotta get in there and fix it.

Thanks for the music, btw. I am so upset about AZ, I have retired my favorite hoodie sweatshirt that says University of Arizona on it. Take THAT, Jan Brewer!

Darlene said...

*Xtreme English - It sounds like you need to enter my URL again. Don't leave me, :-(

K. said...

Darlene, I'm having the same experience as Xtreme. You may have your RSS feed turned off.

Darlene said...

*K - Thank you. I will check it out.

Darlene said...

*K and Xtreme English - I have added the RSS feed. Click on the top of my post and see if that takes care of the problem. I am a nerd when it comes to technical details. I hope I got this right.

Hattie said...

I depend on you for this kind of excellent summary of Arizona issues. Thanks.
It does not seem to me that state law can override federal law, so if the Supremes let this stand, they are violating the terms of the Constitution of the United States.

Joy Des Jardins said...

Oh that really posted some great ones Darlene. I've always loved Stranger in Paradise and Claire de beautiful. But Ravel's Bolero has always been one of my all-time favorite pieces...and my late husband's too. It's just so magnificent. Thanks for the nice interlude; and also for the update on what's going on in AZ...I've been kind of keeping up with it in the news. ~Joy

tnlib said...

I agree with you about Arpaio violating human rights? It seems to me that the National Guard could be sent in legitimately - or at the very least, some human rights group could take him on. He really is despicable.

Darlene said...

*Hattie - Yes, it seems so to me, too.

*Joy Des Jardins - I'm glad you appreciate my musical choices.

*tnlib - I agree; Arpaio is a 'piece of work'.

Kay Dennison said...

I wouldn't be surprised if my former boss is down there working to make people safe. I am concerned with the "show me your papers" mentality. I have seen it here and it's ugly. Before I retired our office sent out an alert telling everyone to carry their passports with them because the police were picking up people for what I called "driving while Hispanic" after one of our clients got stopped snd tossed in jail for a crack in his windshield. We had to hustle to get him out of there before they sent him to Immigration Court in Cleveland because if he went there,it would be MONTHS before we could get him back home.

Most people prefer to keep their passport/visa locked up because replacing them is difficult and expensive.

Jan Brewer is an idiot and a bigot.

This is a dark time for Arizona.

I'm praying for all of you.

Darlene said...

*Kay Dennison - Thank you so much for your story on what can, and is, happening with this despicable law.

Barry said...

It's a sad state of affairs. I will miss visiting Arizona and spending my money there.

Darlene said...

*Barry - Please don't punish Arizona for the qctions of a few dingbats in our governemt. The bad parts of the law can't be enforced at this time.

Barry said...

Well, ok. But I am not leaving your county. Your sheriff seems more sensible. ;)

Darlene said...

*Barry - Ha Ha!!! Yes, Sheriff Dupnik has a head on his shoulders. Tucson should secede from those idiots in Phoenix.