AZ's immigration law doesn't violate the 14th Amendment's Equal Protection Clause

14th Amendment Equal Protection Analysis:

1) Is the law facially discriminatory? No.

2)(a) Does the law have discriminatory effect? Considering, 99% of illegals are Latino, this argument could be made, so yes.

2)(b) Does the law have discriminatory purpose? No. Nothing in the legislative record or history indicates that the law was passed to target Latinos. It was passed to target violators of immigration law.

Because the law is neither facially discriminatory nor is it facially neutral but discriminatory in purpose, it is subject to rational basis test.

Does the government have a legitimate purpose to enact the law that is rationally related to the purpose? Yes, because AZ wants to keep its citizens safe, so it passed a law to arrest and deport those violating immigration law.

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  • debrarae POTL _ PWCM 2010/04/27 21:56:44
    debrarae POTL _ PWCM
    thanks! THe fact is the FEDERAL GOVERNMENT is supposed to do this. Instead they refused, henceforth AZ had to do something to protect their selves.

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  • Tony 2011/01/04 04:20:27
    denying rights of citizens who are born in the us because of race is discrimination and it also violates the constitution instead of wasting their time targeting them they should be watching the border more carefully
  • Tony 2011/01/04 04:16:12
    but the way arizona is doing this could cause problems
  • jeremypjl 2010/08/12 13:43:09
    Ok everyone, lets get the facts straight! The state statute in AZ ( 1077) does not allow an law enforcement official to just stop anyone under suspicion that they may be in the county illegally. They have to be detained or arrested for some other reason and then they can continue to investigate his or her status. They are given full 14th amendment protection. They have to be read rights, council rights etc. " If all the people knew all the facts all time they would never make another mistake." This law has been so distorted by the press and even our President. He said someone could be harrased taking a kid to get ice cream. NO!!!!!!!! If they rob the ice cream parlor then we can look into status. Get it>>>???? Not so hard ahhhh?
  • Tony jeremypjl 2011/01/04 04:12:49
  • Snoopkittykat 2010/05/16 20:40:42
    In 2008, about 11 million non-documented immigrants were in the USA. 57% where Mexican and 24% were from other Latin American countries...so that's about 81% Latino/Mexican...a difference of about 2.1 million immigrants. The other 19% where from Asia and the other countries. About 45% of these immigrants where actually given Visa's at first, and then overstayed the Visa's. I am taking this data from Homeland Security and other government studies...you can get another set of data from some conservative organizations that claim 20 million undocumented workers are here, with 90% of them being Latino (70% Mexican and 30% other Latin American)...that still leaves 10% other (about 2 million) and the Visa overstay is estimated at about 41%. After looking at several data sets, I'm skeptical about the conservative-specific data but when it comes down to it, the data is always in error (whether up or down) due to the difficulty of this issue being quantified. Either way, it is not 99% as you claimed.
  • Randyl 2010/05/14 21:47:41
    Last time I checked, States have no deportation power against federally illegal immigrants because it is a matter of foreign affairs to which States have no jurisdiction. Although I assume they can report illegal immigrants to the federal authorities, which is what this Arizona law is enforcing.
  • Conserv... Randyl 2010/05/15 18:13:16
    Conservative in California
    AZ isn't deporting anyone. They are arresting illegals. The feds take away the arrested illegals to be deported.

    States can enforce immigration law. Just like CA can enact environmental laws.
  • Snoopki... Conserv... 2010/05/16 20:49:14
    If they are being arrested and charged under criminal law, then technically they would need to be found in violation of the State's Penal Code. This is why this has always been a Federal Issue in the past.
  • Conserv... Snoopki... 2010/05/18 16:11:20
    Conservative in California
    Now it's a state law too.
  • Snoopki... Conserv... 2010/05/18 17:43:16
    Yes, so are they going to prosecute these people in the court systems now? Do you know the details on how this might work?
  • Tony Conserv... 2011/01/04 03:57:20
    and at the same time law enforcement is harassing citezens who are not iilegal
  • jeremypjl Randyl 2010/08/12 13:45:55
    Not when they are coming into your state!! In your backyard, In your schools, In your hospitals.Maybe if u lived in AZ you may have a different opinion
  • Tony jeremypjl 2011/01/04 04:33:13
    the united states was once considered a sanctuary for immigrants considering the fact that americans once immigrated here killed god knows how many indians took there land and put all the rest in a designated piece of land like an animal reserve and took there land is that the american way
  • Tony Randyl 2011/01/04 03:55:17
    well said
  • 1206720 2010/04/29 20:03:53
  • Conserv... 1206720 2010/04/30 05:49:58
    Conservative in California
    AZ has every right to do what they are doing.
  • Tony Conserv... 2011/01/04 04:00:43
    not in that manner
  • Snoopki... 1206720 2010/05/16 20:47:26
    That depends Kormster...the 10th Amendment applies to "...the powers not delegated to the United States by the Constitution, nor prohibited by it to the States,..." is immigration not delegated to the Federal Government? This would be another Constitutional issue to argue in court...again, many of you seem to think there are definitive answers to this stuff in the Constitution...it is almost always interpreted unfortunately! Our Constitution leaves much room for interpretation they way it was written. According to the current and past interpretation of our Constitution, the State's do not have the ability to do whatever they want if it is violating Federal Law/precedence.
  • 1206720 Snoopki... 2010/05/16 20:50:58
  • Snoopki... 1206720 2010/05/16 23:42:54
    No, by what I just said, which came from the Constitution, the states do not have a right to do this if it is prohibited by the Constitution...which those against the law are claiming that it is prohibited by the Constitution in the 14th Amendment. If it is found that the AZ law is violating the Constitution, then it is not allowed by the states. As far as the Fed's never being meant to be stronger than the states, that is another debateable issue as well. I have heard arguments for both sides...again, we are always going to have different opinions of most of this as it is always going to come down to the court's interpretation of the Constitution. This is why Constitutional Law is so difficult, controversial, and always has a subjective part to it...the Supreme Court can even change their mind on a ruling in the future if enough justices decide the original decision was wrong and the issue gets heard again.

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Conservative in California


2009/08/05 23:09:03

Silence in the face of evil is itself evil: God will not hold us guiltless. Not to speak is to speak. Not to act is to act.

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