The suing of the city has some pretty good reasons for NOT doing it. Any
suit against a city that is lost owes legal costs.  That is a well
established deterrent to frivolous lawsuits. Just ask the father of the
Marine who now owes Phelps tens of thousands of dollars.

No, any legal contact is not enough to question immigration status,
according to my reading.

Any legal contact PLUS reasonable suspicion of illegal status (which again
is not a guess, but verifyable facts) is required to even question a
person's status.

Any legal contact is not enough. It needs to ALSO be accompanied by
reasonable suspicion, which the police officer must be able to articulate,
or else be in violation of state and federal civil rights statutes.

Any non legal contact, for example, stopping someone because you want to,
followed by reasonable suspicion of illegal status, is NOT a valid reason,
and must be thrown out.





On Mon, Apr 26, 2010 at 6:45 PM, Judah McAuley <[email protected]> wrote:

>
> I'm down with that Jerry. If I'm driving, I should carry a drivers
> license. If I'm fishing, carry a fishing license. I just don't want to
> see the day where there is a "living license". Thats the big ol
> difference between rights and privileges.
>
> As for probable cause, I'm right there too. Which is the problem I
> have with the Arizona law. The bill says "any legal contact", period.
> That isn't probable cause, it isn't reasonable suspicion. Any agent of
> any government, be it dog catcher or cop, who has any legal contact
> can demand proof of immigration status. And there is a provision for
> ordinary citizens to be able to sue any part of the government (city,
> county, state) if they feel like they aren't doing a good enough job.
> So if Joe Schmoe doesn't think that the local school board is doing
> good enough job asking for papers from parents at a PTA meeting, they
> can sue for enforcement. Do you think that that is going to at all
> encourage the school board to ask about immigration status from any
> parents with brown skin, just to try and prevent a budget-draining
> lawsuit?
>


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