5/24/2010

Fox News' Megyn Kelly explains why the AZ immigration law is less stringent than Federal Law

Kelly does a great job explaining this:

In Arizona, you have to have reasonable suspicion for stopping somebody in the first place. So it has to be, they call them lawful stop or detention or arrest. So that's number one. Not required under federal law. And number two, there has to be a reasonable suspicion to then inquire your immigration status. Not required under federal law. And number three, under Arizona law, you cannot consider the person's race in determining whether you have that reasonable suspicion. Also not a problem under federal law. . . .


See also this:

KELLY: Not only did I read the law, but I actually read case law, U.S. Supreme Court history, and other interpretations of that law. And I have to tell you, this is the first time I've taken a seriously hard look at the claim that this is just like the federal law, and the claim that, you know, by the detractors that it's actually discrimination or will lead to discrimination more so than the federal law. And my legal opinion is, it is a little bit like the federal law, but if anything, it's less problematic. Did you know that the Supreme Court already ruled a few years ago that under federal law, cops can pull you over for no reason and demand to see your immigration papers? For no reason. They don't have to have reasonable suspicion. . . .

And that was about under what circumstances can a police officer stop you and ask you certain questions. And the court, this was written by then-Chief Justice Rehnquist who said in that case, hold on, let me get it because it's here in front of me some place. He said the officers did not need reasonable suspicion to ask Menia for her name, date, and place of birth, or immigration status. The cops do not need reasonable suspicion to ask you about immigration status. . . .

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