Saying it needs to protect its citizens in Arizona, legal and otherwise, the Mexican government on Tuesday urged a federal judge to strike down the state's new law aimed at illegal immigrants.
In a "friend of the court" brief, attorneys for the government said they believe SB 1070 will lead to racial profiling despite arguments by Gov. Jan Brewer and Sen. Russell Pearce, R-Mesa, that the law specifically prohibits such activity. Brewer also noted she has directed the Arizona Peace Officer Standards and Training Board to come up with procedures to help officers understand what constitutes "reasonable suspicion" a person is in this country illegally.
But the attorneys for the Mexican government were not persuaded that will make a difference.
"Giving state police the authority to simply create a description of what an illegal immigrant looks like is plainly racial profiling," their legal brief reads. "This inevitably will lead to casting an overbroad net in the pursuit of ‘illegal immigrants,' with individuals being stopped on the basis of appearance."
Beyond that, the Mexican government, speaking through its lawyers, says SB 1070 is part of a larger pattern. The brief specifically cites separate legislation aimed at banning the "ethnic studies" program at Tucson Unified School District.
"It becomes unavoidable to see that Arizona's legislative efforts constitute a discriminatory policy," the lawyers wrote, saying SB 1070's "discriminatory objective runs against the fundamental rights of people living in the United States."
The move comes as the U.S. Department of Justice is weighing whether to enter the dispute directly with its own challenge to the law set to take effect July 29. Various news outlets have quoted anonymous sources saying the decision to sue has been made, though the official word from the agency is that the case is still being reviewed.
Five lawsuits already filed claim the law, which requires police to check the immigration status of those they have stopped when there is "reasonable suspicion" they are illegal immigrants, unlawfully intrudes on the exclusive right of the federal government. A similar claim is aimed at another provision of the law which allows illegal immigrants to be arrested and prosecuted under Arizona trespassing laws.
In filing its brief in one of the existing cases, the Mexican government says a multinational treaty gives it the right to protect the interests of its citizens abroad. And it says SB 1070 "creates an imminent threat of state-sanctioned bias."
But the government says its interests go beyond those of the individuals who will be affected. That includes Mexico's ability to have diplomatic relations with the United States, an ability the country's attorneys say would be undermined by Arizona having its own priorities which may conflict with the U.S. federal government.
The law, the Mexican government says, also undermines trade and commerce.
Some of that, it argues, is on the individual level if Mexican nationals are afraid to visit Arizona for work or pleasure. And the numbers are large, with the brief saying 12 percent of people who legally entered the U.S. last year for shopping, tourism, specialty workers and students being from Mexico.
But some of that, the government says, is on the larger level of straining international relations. And the attorneys say this legislation in particular will interfere with efforts in the U.S. to enact "comprehensive immigration reform."
"SB 1070 institutes an independent state system of immigration enforcement that not only derails bilateral economic, social and security efforts, but imperils the U.S. federal government's effort at a comprehensive solution for immigration policy," the brief reads. "Mexico cannot effectively cooperate or engage in meaningful bilateral relations with the U.S. when states are permitted to interfere with the sovereigns' bilateral efforts."
phynxnative posted at 7:43 pm on Wed, Jun 23, 2010.
I am so tired of this boycotting Arizona, blah blah blah crud - I am doing my own boycotting. If it says produce of Mexico, country of origin - Mexico or Made in Mexico, it isn't going to be bought by me! Boycott Arizona - well I say boycott Mexico!
Butters posted at 4:47 pm on Wed, Jun 23, 2010.
Forkedlift1, are you upset because you might not be able to get anymore cheap and under the table illegal alien labor? Today's Topic: Hypocrites and their hidden agendas.
Day labor
The law makes it illegal for someone in a vehicle to stop on a "street, roadway or highway" to pick up someone for work at a different location if the vehicle blocks or impedes traffic in the process. It also makes it illegal for someone to get into a vehicle stopped on a "street, roadway or highway" to be hired for work at a different location if the vehicle blocks or impedes traffic.
That's a concern to Marilynn Wennerstrom, who owns an older home on a 3-acre lot in Mesa. She said she has, on occasion, used day laborers to help with yard projects.
"I needed somebody, and what am I going to do, go to the grade school and get a sixth-grader?" she asked.
But she said with the new immigration law, she may have to find another solution.
"Now, if I go down and pick up one of these guys, is somebody going to haul me off and impound my truck?" she asked.
While the day-labor provision is considered one of the more clear-cut parts of the law, there is still confusion. Attorneys say there is no legal definition of impeding traffic, and different officers would likely interpret it differently. It would not apply to someone picking up a day laborer in a private parking lot.
This part of the law is not limited to illegal immigrants, but supporters have said the intent is to make it more difficult for illegal immigrants to find work.
http://www.azcentral.com/news/election/azelections/articles/2010/06/13/20100613immigration-law-wording.html
Slabside posted at 3:02 pm on Wed, Jun 23, 2010.
Rich, your desperation is clearly showing. You WANT this to be a racial issue because it is the only straw man argument you have. I refuse to be drawn into your world of hate and bigotry. Go post at Moveon.org with your rubbish.
Rich posted at 1:43 pm on Wed, Jun 23, 2010.
"The law is about ILLEGAL ALIENS, not mexicans or any other race!"
No, it isn't. If it were we'd have a lot of people besides Hispanics rounded up. And if you believe what you're saying you're living in a fantasy world. I'd respect this a lot more if people would just be honest about it. hypocrisy is often worse than bigotry.
Slabside posted at 1:12 pm on Wed, Jun 23, 2010.
Forked, once illegals leave and stop sapping the state's resources in the area of medical care, welfare and incarceration these problems will be eliminated.
forkedlift1 posted at 12:48 pm on Wed, Jun 23, 2010.
For those of you posting here who can hardly wait until this law, SB 1070, goes into effect on July 29, I urge you to read today's Arizona Republic article, "Mayors, police air legal financial qualms with new law."
At a public forum last night in Tempe, much was brought out by mayors, lawyers and law enforcement about the bind they are in pertaining to enforcement of this law: booking of defendants, Miranda rights, criminal procedures, etc. It's a lengthy article which goes into extensive detail about the difficulty with the law's implementation by those who have closely examined the actual and practical problems with that implementation and enforcement.
ConcernedNaz posted at 12:28 pm on Wed, Jun 23, 2010.
Rich,Rich,Rich,
"The law has a single object: Harass Hispanics. At least live in reality and if you are going to be a bigot, at least be honest about it. "
The law is about ILLEGAL ALIENS, not mexicans or any other race!
If the USA was next to China and we were flooded with Chinese, 1070 would not be about them, IT would be about ALL Illegals.
Why do you feel so special, that the law is just for you and your buddies?
1070 is for everyone to enjoy, not just one group.
"Part of any immigration policy is an international issue and effects every country in the World."
NO, it effects only those select individuals that the HOST country lets IN. All other are subject to removal.
Rich posted at 12:24 pm on Wed, Jun 23, 2010.
Slabside
There you go again. Only people with an IQ expressed in two figures don't know who the law is aimed at. It's like the Alabama laws of the 60s 'recording' the descendants of slaves. No discrimination, none at all. At least be honest about it. The reality is that it is an anti-Hispanic law and about the only thing it does is promote bigotry. If you're going to be a bigot, at least be an honest one.
Slabside posted at 10:57 am on Wed, Jun 23, 2010.
Well, there we have it folks... Rich reveals his agenda. He calls us bigots and racists yet none of us brings up race in our posts. Rich you are the biggest racist posting here. You claim we are attacking Mexicans when all we want is our immigration laws enforced. Twice now you bring up Arpaio not conducting raids at Lee Lee's. SO WHAT? If he's catching illegals who gives a rat patoot what color they are? Only a racist like you would.
Rich posted at 10:32 am on Wed, Jun 23, 2010.
The law is aimed at Hispanics. That is just a fact. Sheriff Joe has yet to run a 'crime sweep' in the Lee-Lee's parking lot which would probably be as successful at finding 'illegals' as his current sweeps. 'Most of the 'illegals' come across the Mexican border.' You don't know that, it's an assumption to allow profiling. Australians who overstay a tourist visa, and I've known a few, don't get asked. Orientals, don't get asked (and yet there may be more of them than Mexicans). The law has a single object: Harass Hispanics. At least live in reality and if you are going to be a bigot, at least be honest about it.
Masterrogue666 posted at 8:47 am on Wed, Jun 23, 2010.
Since the law requires that those workers that are here "legally", as Rich suggests, carry their ID, and produce it upon request, I don't see why it would be called "fanatical harassment". I'd call it implementation of the law. Of course, that's the true problem. ILLEGAL ALIEN supporters would rather ignore certain laws, and not have them enforced....
AZMomma posted at 8:42 am on Wed, Jun 23, 2010.
Rich: If your argument had validity, WE could file briefs against the Mexican Immigration policies. After all, they are much more Draconian than ours, carry more severe penalties.
But, because we realize it is up to every Country to set their own rules/regulations, we just post their laws and shake our heads over their (terrible) treatment of non-Mexican citizens.
We must NOT allow Calderon and his Bic*hos Por La Causa to push their vested agenda onto AZ/USA.
Slabside posted at 9:23 pm on Tue, Jun 22, 2010.
AZMomma you hit the nail on the head! Pay no attention to forked or rich as their hate of Arizona and Pearce shows in every post they make concerning immigration. They actually side with the well known corrupt Mexican government on this issue.
Rich posted at 6:12 pm on Tue, Jun 22, 2010.
Mama, Mamma, Mama. Part of any immigration policy is an international issue and effects every country in the World. The only reason anyone might not think Mexico, or any other nation has a stake in any immigration policy is a prejudice against a nationality, ethnicity or race. The fact that only Mexico, so far, has publicly come forward, and the comments made here against them rather prove the prejudice in the law itself. Mexico has the right to protect their citizens abroad as does the United States and every other country. And to protect them against a rather rabid fanatic like Russell Pearce should be a given.
Pearce stated that 50% of murders in Arizona were committed by illegal aliens. We don't even catch 50% of murderers. The man is a lunatic, and a lunatic with followers is somebody you need protection from.
AZMomma posted at 3:57 pm on Tue, Jun 22, 2010.
Mexico has now publicly stated their intent to MEDDLE, MANEUVER and MANIPULATE American Immigration policy.
Just how long is our Gov'mt in DC going to allow this group of vermin to push us?
If Mexico is found (by US courts) to have ANY interest in our Immigration laws, it will spell the end of American justice and our Govm't concession to becoming a puppet arm of Calderon and his Cartel bic*hos (vermin).
Rich posted at 3:05 pm on Tue, Jun 22, 2010.
The comments here would seem to indicate that the charges of profiling are indeed true, though I never really doubted it. Mexico has the obligation, not just the right but the obligation to protect their citizens from this type of fanatical harassment. Especially in a single state that lacks the international standing to enact an immigration law. Unlike "employer sanctions" that targets American citizens, this law can target and harass Mexican citizens who are legally here under international law, and Arizona has no right to make a law that does that.
forkedlift1 posted at 2:38 pm on Tue, Jun 22, 2010.
Logically Unboxed,
To follow up on my comment, it would be those citizens of Mexico with current visas, who lawfully reside in our country and state, to whom I believe the Mexican government is referring.
forkedlift1 posted at 2:28 pm on Tue, Jun 22, 2010.
Logically Unboxed, your comment gives the wrongful impression that one has to be a U.S. citizen in order to legally reside in our country. Countless foreign born citizens of other countries reside in the United States legally with work visas, and who knows how many other kinds of visas for workers, students, businessmen, spouses, travelers and tourists, children, etc. Surely many born in Mexico would be among those with visas and are legal residents of our country and state for that reason. One does not need to be a U.S. citizen in order to legally reside here.
Larry63 posted at 1:25 pm on Tue, Jun 22, 2010.
This is so insane it doesn't even warrant a response. Why do they think their people are so desperate to get out of Mexico that they risk their lives by the thousands every day to leave. If they would spend as much time and money making their citizens lives better instead of lining their own pockets the people would want to stay in Mexico. Why do they want to come here, why, why that's what they should be thinking about. Bunch of morons!
Logically Unboxed posted at 1:24 pm on Tue, Jun 22, 2010.
As a nation We have become so sensitive to racial anything No one wants to touch it. Same thing with Illegal immigration, In the article above it says:"It becomes unavoidable to see that Arizona's legislative efforts constitute a discriminatory policy," the lawyers wrote, saying SB 1070's "discriminatory objective runs against the fundamental rights of people living in the United States." LIVING IN THE UNITED STATES I Say NO!!!! Cant discriminate someone who shouldn't be here in the first place. Become a LEGAL US CITIZEN and then you would have the right to not be discriminated against. I have nothing against Immigrating to the US only if it is done legally For Mexico to try and say we have to look out for our people abroad when they are here illegally is simply a scared country because most of all their LEGAL Economy is from the US. The other portion is Illegal money through drug cartels, Yeah lets listen to Mexico HAHAHAHA. Mexico You are off your rocker
forkedlift1 posted at 1:18 pm on Tue, Jun 22, 2010.
I can see if Mexico's immigration policies are as outrageous as those written into Arizona law -- and we don't know that they are -- Mexico might be viewed as being hypocritical. I don't imagine that the Mexican government would be all that pleased if, for example, the state of Sonora took it upon itself to usurp their country's immigration laws.
For all intents and purposes, Arizona has effectively seceded from the union. The tsunami-like growing and retaliatory reaction to Arizona's egregious and arrogant action from cities and towns, businesses, organizations, corporations and individuals within our own country cannot be denied. Nor can it be denied that four of Arizona's own cities are plaintiffs in one of the many lawsuits,which represent a truckload of litigants, against the state over this matter.
I think Mexico had a valid point by the following:
"But the government says its interests go beyond those of the individuals who will be affected. That includes Mexico's ability to have diplomatic relations with the United States, an ability the country's attorneys say would be undermined by Arizona having its own priorities which may conflict with the U.S. federal government.
The law, the Mexican government says, also undermines trade and commerce."
Where do U.S. states rights begin and where to they end?
Shatmeister posted at 11:58 am on Tue, Jun 22, 2010.
OHHHHHHH, Heck no!!!
Right now, Arizona should be drafting documents to dispute EVERY immigration law Mexico has.....
Let them see that it works both ways... As American Citizens, we want to make sure that our citizens are treated fairly in Mexico and that there is no racial profiling there either....
Just the pompousness of this action infuriates me!
Who is Mexico to attempt to dictate, change or block any law in our country. If they think their people are being discriminated against, let them come and get them....
If our Spineless President (I'd say it to his face) won't do anything and Mexico can't control their own people, then the state of Arizona will stand up and protect our own ANY WAY WE CAN!
It's just sad we have the nations biggest P - U -S -S -Y in charge.