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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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There is no proof or probable cause. | 401 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Judge finds Ariz. sheriff’s office racially profiles Latinos in immigration patrols
Authored by: Anonymous on Sunday, May 26 2013 @ 07:25 PM EDT
Common law judges are empowered to make law. In fact, a great
deal of US law exists only as case law, and has never been
codified by legislation. It is, in fact, their duty to make
law when appropriate.

It's not activism, it's their job.

[ Reply to This | Parent | # ]

ooh, ooh, judicial activism. The sky is falling.
Authored by: cjk fossman on Sunday, May 26 2013 @ 08:10 PM EDT
"Judicial activism" is a meaningless buzz word that comes out
whenever the judiciary does something a certain segment of
the body politic doesn't like.

The judge read the Constitution and applicable laws and
regulations and ruled accordingly.

[ Reply to This | Parent | # ]

Breaking laws not necessarily a crime
Authored by: FreeChief on Monday, May 27 2013 @ 12:11 AM EDT
How can breaking a law (i.e., entering the country illegally) NOT be a crime?
Sometimes it is a misdemeanor.

In particular, this is often the case with paper-work violations.

Here, at PJmedia, for example, Assistant Homeland Security Secretary John Morton is quoted as saying in answer to the question of whether llegal immigrants are criminals:

Not necessarily. It all depends, on the specific circumstances of any one case. The thing to keep in mind is that the laws governing who is allowed to enter the country and under what circumstances aren’t criminal statutes.

The immigration laws are civil in nature, There are criminal immigration offenses but mainly they are misdemeanors. If you overstay your visa, that is a civil but not a criminal offense.

 — Programmer in Chief

[ Reply to This | Parent | # ]

Judge finds Ariz. sheriff’s office racially profiles Latinos in immigration patrols
Authored by: PJ on Monday, May 27 2013 @ 12:20 AM EDT
For something to be a crime, you need to write a law
and pass it. That's how it works. So if there is
no law that says that X is a crime, it's not one.

You need to read the ruling, and maybe you need to
think about what else you don't know about the
law?

[ Reply to This | Parent | # ]

There is no proof or probable cause.
Authored by: Anonymous on Tuesday, May 28 2013 @ 05:25 PM EDT
If someone has no papers on their person it means that they have no papers on
their person. It DOES NOT mean that they are in the country illegally. It's
legal to not have papers.

[ Reply to This | Parent | # ]

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