Brown & Little, P.L.C. » immigration

The Greater Harm

Early last month, the United States District Court for the District of Arizona issued an opinion about whether driving slowly in the fast lane constituted reasonable suspicion for a traffic stop. FourthAmendment.com wrote about the opinion a few days ago in a post entitled “D.Ariz.: Driving less than the speed limit in the left lane was RS for stop.” Curious, I looked up the case and read the facts. An officer was patrolling the three lanes of westbound traffic on I-10 in Tucson when he saw a pickup truck in the far-left lane going under the 65 mile-per-hour speed limit. The officer noticed other cars were slowing behind the black pickup and passing it in the center lane. When the speed limit increased to 75 miles per … Read entire article »

Filed under: Arizona Cases, immigration, Search and Seizure

Senate Bill 1070

Everyone has an opinion about Arizona’s Senate Bill 1070. Unless you’ve been living under a rock, you probably love it or hate it. You may have a strong opinion about it even if you have no clue what it says. If so, you aren’t alone. S. B. 1070 makes it so the government can’t create a policy limiting the enforcement of federal immigration laws. If any part of the government does make a policy restricting enforcement of federal immigration laws, citizens have standing to sue. If they win, they get court costs and attorney fees. This doesn’t mean an officer will be sued just for not arresting a particular person or group of people. There will have to be a policy, not just one officer failing … Read entire article »

Filed under: Arizona Statutes, immigration

And The Machine Keeps on Running…

Adrian likes to call Maricopa County Superior Court “an enormous machine of injustice.” I think that’s a perfect description. To some extent, every Arizona court hurriedly shuffles criminal defendants through one after another, but Maricopa County is especially cold and impersonal. Each person being prosecuted is one little thousandth of a percent added or subtracted from some number Andrew Thomas hopes to brag about come next election. Unavailable deputy county attorneys and a crowded master calendar serve to ensure that no defendant’s voice gets heard prior to trial, if at all. More than anyone else, illegal immigrants find themselves on the conveyor belt heading straight into the machine. When sheriff’s deputies pick up a van full of illegals driving through the county, the wheels of the machine begin … Read entire article »

Filed under: Courts, immigration

Some Terrifying New Legislation (Maybe)

One thing Bennett Kalafut mentioned in passing in this post over at Goldwater State caught my attention. Is it really possible that Arizona may soon have a law declaring undocumented aliens to be trespassing? Curious, I had a look at the text of the resolution. Here it is. If that ever became law, it would have pretty much everything any frothing-at-the-mouth anti-illegal-immigration-type could ever want. It would make it so that aliens in this country in violation of the federal improper entry statute would be committing criminal trespass simply by virtue of being in Arizona. It wouldn’t matter whether they’re on public or private land. The first time, it would be a misdemeanor, but after that, it would be a class 4 felony. That’s … Read entire article »

Filed under: Arizona Statutes, immigration, Legislation

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