Politics

Welcome To Arizona. Prepare To Be Stopped & Searched If You're Not White.

MayorBob.

Posted to Politics on Wed Apr 23, 2008 at 07:49:04 AM EST (promoted by port1080). RSS.

Racial profiling is a nasty business.  It means that if you are black or brown, you are more likely to be stopped, questioned and searched by the police.  It means your civil liberties are less by virtue of your skin color.  When the profiling becomes blatant and offensive enough, it's time to go to court, as happened with Arizona back in 2001.  Rather than drag out things, the state Department of Public Safety (DPS) reached a settlement (pdf doc) in 2006 with plaintiffs, agreeing to end racial profiling.  They also agreed to collect data on racial and ethnic breakdowns of traffic stops and arrests.  Two years after swearing to play nice and not profile, DPS faces renewed charges of racial profiling -- charges backed up by the data collected by their officers.

"Driving While Black" is: "a popular culture phrase that refers to the criminalization of black drivers." An alternate phrase, `Driving While Brown', is more expansive, referring to the supposed crime of being a non-white driver.  The American Civil Liberties Union (ACLU) recently published a report (pdf doc) which amply demonstrates what Driving While Brown means in Arizona.  The report looked at 200,000 traffic stops made by state police officers on Arizona's interstate highways between June 2006 and July 2007.  During those stops, over 13,000 consent searches of vehicles were made - 77 percent of which were made on vehicles operated by minorities.  On average, Native Americans were three times more likely to be searched than whites with Hispanic and African Americans being 2.5 times more likely to be searched than whites.  According to arrest and seizure records, whites tended to be carrying contraband more often than minorities.  For all those vehicles not being searched, minorities were still treated disparately from whites.  The average stop for whites was just under a minute; the average stop for blacks and Hispanics was two minutes.  Middle Eastern types got the five minute special from the police.

Arizona DPS authorities say the ACLU report's findings are old news as they basically echo findings published earlier by the University of Cincinnati.  That earlier report pointed at other factors which might be at play than race and ethnicity to explain the seeming favoritism shown whites.  Lt. James Warner, Arizona DPS spokesperson, says the state has improved its data collection efforts and video cameras are being mounted in patrol cars.  Thus far only about a quarter of the state police's 1,200 cruisers have the cameras.  The police have a "zero tolerance policy" in effect for profiling but, according to Warner:

"If we're honest with ourselves, we all have biases, and we have to try and ensure those don't come out.  I'm not going to sit here and tell you some of our officers' biases won't come out. We are human beings. We teach that they can't let that influence what they do on the streets."
Dan Pochoda of the ACLU says, "it is easy to be nice to people we like, people like us" but the real test comes when authorities deal with people who are different.  He claims what's been happening in Arizona is "a trampling of rights of those persons."  The ACLU report calls for a broader racial profiling law, one that would address not only traffic stops but also controversial illegal immigrant sweeps of Maricopa County Sheriff Joe Arpaio.  State Representative Jerry Weiers (R - Glendale) says it's "too late in the game" to introduce the ACLU's recommended bill.  Besides, he's convinced the powers that be are aware that racial profiling is a bad police practice and suggests a wait and see approach.                      

Tags: edited by Port1080, written by MayorBob, racial profiling, driving while brown, ACLU, illegal immigrants, traffic stops, Arizona (all tags)

This story: 68 comments (1 from subqueue)
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1

Bill of Rights for Drivers

port1080.

Wed Apr 23, 2008 at 08:04:45 AM EST

5.00 (interesting, brilliant)

We need a common sense bill of rights for drivers. It's getting to the point that the police can and will pull you over for pretty much anything, and then dick you around until they find something real to charge you with (or if you're squeaky clean, until they're forced to let you go). I know there's the old canard that "driving is a privilege, not a right" - but in today's America that's mostly bullshit. Unless you live in a densely populated urban area, it's very difficult to get through life and especially to get a decent job without your own car. People should have the right to move about in public without being accosted by the police for any little thing (and yes, I also have a rather dim view of "stop and frisk" tactics).

So, what's my proposal? First, police should not be allowed to stop drivers for minor infractions. Broken tail light, 5mph over the speed limit, no seat belt, whatever - in those cases the police should record the license plate and the driver should get a non-penalty warning letter in the mail, but that's as far as that needs to go. Second, the "smell" of drugs should not be enough "proof" for an officer to search a car. The only way a search should be justified is if there are illegal products in plain view. This goes for the use of police dogs as well - they can be used to find drugs after a legal search has already been initiated, but they should never serve as the justification for a search. It's far too easy for a dog's trainer to train him to "signal" on some sort of silent command, whether the dog smells something or not. Third, NO MORE CHECKPOINTS, DUI, seatbelt, or otherwise. Those just smack of police state tactics. Fourth, police officers should be held responsible for searches that don't turn up anything. In any other job, if you waste time and make mistakes, there are penalties, and there should be for cops too. Make it some kind of points system - accumulate 1 point for every search that doesn't turn up anything. Points expire after 3 months. If you ever get to 10 points, you get a one-week unpaid vacation courtesy of the ACLU, and have to take a class on respecting civil liberties.

48

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Smells funny

profwhat.

Thu Apr 24, 2008 at 12:47:17 PM EST

4.00 (interesting)

First, police should not be allowed to stop drivers for minor infractions. Broken tail light, 5mph over the speed limit, no seat belt, whatever - in those cases the police should record the license plate and the driver should get a non-penalty warning letter in the mail, but that's as far as that needs to go.

If the police officer does not stop the car, how does the police officer know who gets the ticket?  You can't haul a car into court, just a driver.  Anyone could be driving that car, not just its registered owner, right?

Second, the "smell" of drugs should not be enough "proof" for an officer to search a car. The only way a search should be justified is if there are illegal products in plain view.

So if a cop stops a car and it reeks of marijuana worse than a liberal arts college common room, he should just walk away?  Uh, why?  Is this rule justifiable on any grounds other than wanting to give marijuana smokers an easier time in life?  OK, the smell could come from a lot of things; but, then, things that look like drugs could be a lot of other things, too.  (Who knows what's inside those hand-rolled cigarettes?)  You don't need "proof" to search, just probable cause (or less, sometimes).

Fourth, police officers should be held responsible for searches that don't turn up anything.

With an extra ten seconds of reflection, I'll bet you can pick up on the perverse incentives this rule would create.

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Re: Smells funny

pO157.

Thu Apr 24, 2008 at 12:56:11 PM EST

none

If the police officer does not stop the car, how does the police officer know who gets the ticket?  You can't haul a car into court, just a driver.  Anyone could be driving that car, not just its registered owner, right?

I think the point is to reduce the use of law enforcement as a tool for revenue enhancement. If a guy gets a polite, but firm, warning in the mail suggesting he fix his busted turn signal and does so that is great. The situation can be handled without local governments squeezing motorists for hundreds over a 59¢ light bulb.

So if a cop stops a car and it reeks of marijuana worse than a liberal arts college common room, he should just walk away?  Uh, why?  Is this rule justifiable on any grounds other than wanting to give marijuana smokers an easier time in life?  OK, the smell could come from a lot of things; but, then, things that look like drugs could be a lot of other things, too.  (Who knows what's inside those hand-rolled cigarettes?)  You don't need "proof" to search, just probable cause (or less, sometimes).

In your hypothetical case, there would be other evidence that somebody was driving while high. Bloodshot eyes. Poor coordination. Whatever. Put it all together, especially with a two officer team who could verify these conditions and most people would be fine with the cop requesting a warrant.

With an extra ten seconds of reflection, I'll bet you can pick up on the perverse incentives this rule would create.

What would be wrong with punishing an officer whose groundless searches rate was greatly disproportionate to that of his colleagues? I would be willing to tolerate some mistakes as long as they had proper reasonable suspicion, but the wholesale stopping and frisking of people in cities has got to be cut out.

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The response from 75% of society:

pO157.

Wed Apr 23, 2008 at 08:28:15 AM EST

none

Think of the children! It's for your own safety! If you have nothing to hide, what do you have to fear? I don't mind if the police search me if it makes me feel safer. Nobody innocent ever goes to prison, even if somebody is wrongly convicted of a crime they are usually guilty of something!

Sadly the above line of thinking appears to be in the majority around here these days.

In all seriousness, you should run for Congress.

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^ 2

Re: The response from 75% of society:

port1080.

Wed Apr 23, 2008 at 08:34:33 AM EST

4.00 (funny)

In all seriousness, you should run for Congress.

I don't have a chance - I don't have the magic hair :-(

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^ 3

Re: The response from 75% of society:

postillion.

Wed Apr 23, 2008 at 09:57:01 AM EST

3.00 (astute)

I don't have the magic hair

It's a magical year: first black man, first woman, first baldy.

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^ 6

Re: The response from 75% of society:

PenitenziAgite.

Fri Apr 25, 2008 at 12:21:42 AM EST

5.00 (informative)

first baldy

Huh?

We got this guy
and then there's this guy and this guy

and this guy wasn't fooling anyone (nice comb-over, Bill).

sierra tango foxtrot uniform

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^ 6

Re: The response from 75% of society:

port1080.

Wed Apr 23, 2008 at 10:06:17 AM EST

none

I'm not bald (yet, anyway), just not magic. If I was willing to spend $400 for a haircut, maybe I could get there.

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Re: The response from 75% of society:

postillion.

Wed Apr 23, 2008 at 08:53:05 PM EST

none

Ah, my apologies for making an assumption.  

Maybe you could get Donald Trump to bankroll your political campaign and fund you a pricey hair cut?

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Re: Bill of Rights for Drivers

MayorBob.

Wed Apr 23, 2008 at 08:48:44 AM EST

none

Yowsa to all the above.  I think you'll find you're up against one mean hell of a lobby when you're willing to go to the mats over checkpoints.  I'm talking MADD here and no self respecting politician wants to take on the bereaved mothers of victims of drunk driving.  Not to mention that no self-respecting politician is likely to take on this nifty revenue-producing technique.

I was informed by a member of the Delaware State Police, who lived across the street from me, that he and his fellow troopers will rarely stop a vehicle doing less than ten miles over the posted speed (especially on the interstate or another major road).  Of course, he's white and I'm white and I didn't ask him if there were varying standards for different skin pigmentations.

It's perverse to me, but the seat belt thing has completely gotten out of hand.  I have no problem with seat belts and using them or air bags or any other safety device in vehicles.  But, I reckon if a person wants to risk his life by driving without a seat belt, that's on him or her.  I have the same laissez faire attitude towards the use of helmets while motorbiking.  As long as they make sure that any non-adult in the car is snapped into place, let those Mississippi riverboat gamblers roll on.  

Seat belt laws have gone through a radical transition in my lifetime.  I remember when having seat belts in a car was completely optional (and it cost a pretty penny to have them installed).  Then they became standard features in new cars.  Then states gradually began to legislate use.  They started life as chargeable offenses as things you could only be charged for if you were stopped for some other traffic offense.  They have now become primary offenses, meaning if an officer sees you driving around unbuckled he or she can pull you over just to charge you with that.

Illegitimi non carborundum.

5

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Re: Bill of Rights for Drivers

port1080.

Wed Apr 23, 2008 at 09:09:22 AM EST

none

I think you'll find you're up against one mean hell of a lobby when you're willing to go to the mats over checkpoints. I'm talking MADD here and no self respecting politician wants to take on the bereaved mothers of victims of drunk driving. Not to mention that no self-respecting politician is likely to take on this nifty revenue-producing technique. I agree it will never happen, but that doesn't make the current tactics right. The whole drunk driving thing has gone way overboard, in my opinion. If you read the paper, almost all the accidents you see caused by drunk drivers are usually guys that are 3 or 4 times over the legal limit and are driving on a suspended license anyway. Checkpoints are supposed to be justified by stopping DUIs, but then you see them issuing citations for everything from seatbelt violations to broken taillights. If we're going to allow such a flagrant violation of our right to freedom of movement, maybe stopping DUI drivers justifies that - but if it does, then it should only be used to stop DUI drivers. Any other violations seen at the checkpoint should get a warning, but that's it. I was informed by a member of the Delaware State Police, who lived across the street from me, that he and his fellow troopers will rarely stop a vehicle doing less than ten miles over the posted speed (especially on the interstate or another major road). Of course, he's white and I'm white and I didn't ask him if there were varying standards for different skin pigmentations. You hit the nail on the head there. It may be true that these stops are "rare" but they're still legal, and if anything that makes it worse because it means when you are stopped it will be completely arbitrary and you're at the mercy of the LEO. The police should have very little discretion, in my opinion - the rules should be clear and they should always favor civil liberties. There shouldn't be room for the cop to let you go because you batted your eyes at him or because you slipped him some proof that you donated to the retired policeman's fund or whatever. If there's proof of a crime, then a ticket should be issued / charges filed. If there's no proof, let the driver go and apologize for inconveniencing him/her. It's perverse to me, but the seat belt thing has completely gotten out of hand. I have no problem with seat belts and using them or air bags or any other safety device in vehicles. Agreed.

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Re: Bill of Rights for Drivers

thefadd.

Wed Apr 23, 2008 at 01:25:39 PM EST

none

I don't think you can make police officers automatons who all behave the same way. Individuals doing their job, whatever that job is, have to be given both autonomy and accountability. I think you'd be right to hold individual officers accountable for "time wasting" stops and other behaviors if they act with prejudice based on skin color etc. But at the same time, you have to give them leeway to uphold the spirit of the law.

It is easy to buy small plaster models of what you think life is like.

24

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Re: Bill of Rights for Drivers

thefadd.

Wed Apr 23, 2008 at 01:18:53 PM EST

none

I'd donate lots of money to anyone prepared to go to the mat with those deranged fuckers at MADD. They've pissed on our society enough and I think a good number of people would come out feeling the same way if there was an upswell against that specific brand of anti-Americanism.

It is easy to buy small plaster models of what you think life is like.

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Re: Bill of Rights for Drivers

pO157.

Wed Apr 23, 2008 at 01:29:35 PM EST

none

I spent some time googling after I read your post. I can't really find any organized group against MADD, just various localized opponents popping up every time they try some of their shenanigans. It is sad. I think MADD can get no more scary, and then I found this little gem of theirs:

Opponents of checkpoints, tend to be those who drink and drive frequently and are concerned about being caught.
Despite it making no logical sense it is so widely believed that even police departments are biting, hook line and sinker.

I am hopeful of this passage in the most recent Libertarian Party platform:

We also oppose police roadblocks aimed at randomly, and without probable cause, testing drivers for intoxication and police practices to stop mass transit vehicles and search passengers without probable cause.

Perhaps we could all show up to their next national convention and get them to add a sub-section stating "MADD: It sucks."

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Re: Bill of Rights for Drivers

thefadd.

Wed Apr 23, 2008 at 01:33:36 PM EST

none

I think I'm going to join MADD and see how long until they toss me out.

police practices to stop mass transit vehicles and search passengers without probable cause.

Does that really happen in America? It just goes that much further to demonstrate what a elitist, racist, morally bereft organization it is that would so enthusiastically endorse such things.

It is easy to buy small plaster models of what you think life is like.

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Re: Bill of Rights for Drivers

pO157.

Wed Apr 23, 2008 at 01:40:03 PM EST

none

police practices to stop mass transit vehicles and search passengers without probable cause.

Does that really happen in America?  

Sadly, yeah it does. Read up on the Border Patrol's 100 mile zone. They stop Amtrack trains and buses that pass through it on domestic travel just to check people out.

Heck, there is even a program to screen people "randomly" on buses and trains. Of course, it has nothing to do with intercepting drug money couriers or anything like that. It's all about protecting us from those all too common and deadly bus terrorist attacks.

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Re: Bill of Rights for Drivers

zyxwvutsr.

Wed Apr 23, 2008 at 01:47:47 PM EST

none

I think I'm going to join MADD and see how long until they toss me out
I bet it would be before you finish your third drink.

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Re: Bill of Rights for Drivers

thefadd.

Wed Apr 23, 2008 at 01:37:28 PM EST

none

If you go to their Los Angeles chapter website there's a little gem of a link called "MultiCultural." This is the link to the portion of their website that is in Spanish. I can't think of a more out of touch organization...

It is easy to buy small plaster models of what you think life is like.

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Re: Bill of Rights for Drivers

pO157.

Wed Apr 23, 2008 at 01:40:48 PM EST

none

The Libertarians or MADD?

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Re: Bill of Rights for Drivers

thefadd.

Wed Apr 23, 2008 at 01:50:53 PM EST

3.00 (informative)

Meant to include the website:

It is easy to buy small plaster models of what you think life is like.

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Re: Bill of Rights for Drivers

pO157.

Wed Apr 23, 2008 at 02:03:12 PM EST

none

Holy crap. Could that be any more patronizing?

I don't know much Spanish (but babelfish helps), but it seems to just include suggestions on how to party responsibly and how to drink safely at work parties (WTF?). No sense discussing politics or their organizations viewpoints with the Hispanics, lets just assume they are all uneducated borderline alcoholics who we need to inform how to drink their tequila responsibly.

They even include a recipe for an alcohol free margarita. I honestly hope there is one for it on the english side and they are not suggesting "Well, we know all you Hispanics just sit around all day and drink tequila, so here is something you can do to keep your booze under control." I will say it again: WTF!?

MADD sucks, long and hard.

11

^ 1

Re: Bill of Rights for Drivers

zyxwvutsr.

Wed Apr 23, 2008 at 11:17:18 AM EST

none

Third, NO MORE CHECKPOINTS, DUI, seatbelt, or otherwise. Those just smack of police state tactics
Fuck that: I want all the unlicensed and/or uninsured drivers off the road.

12

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Re: Bill of Rights for Drivers

pO157.

Wed Apr 23, 2008 at 11:29:30 AM EST

none

Then the cops can check license, registration and insurance when they pull people over for reckless driving, excessive speed, or whatever actually creates a danger. Legislators can move driving without a license or insurance from a simple violation to a misdemeanor with six months of jail time.

The fact that some people are assholes doesn't mean that everybody has to be treated with suspicion of being an asshole.

13

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Re: Bill of Rights for Drivers

zyxwvutsr.

Wed Apr 23, 2008 at 11:52:57 AM EST

none

Legislators can move driving without a license or insurance from a simple violation to a misdemeanor with six months of jail time
That won't have any effect at all unless the chances of being arrested are greater than today. The chances of being arrested for being unlicensed/uninsured will only go up if we check for it more often.

14

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Re: Bill of Rights for Drivers

pO157.

Wed Apr 23, 2008 at 11:59:22 AM EST

5.00 (astute)

Sure, the chances for catching more go up with more checks. The chances of making a bigger dent on drugs in my neighborhood also goes up with starting house-to-house searches. But I don't think anybody is considering allowing that to happen.

Why do we allow the police more latitude with motor vehicle searches? If my home had peeling paint, garbage everywhere looked like crap, a housing ordinance violation would not allow the police to look through my windows for contraband and demand identification from everybody present. Why is that allowed for a dim taillight?

15

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Re: Bill of Rights for Drivers

zyxwvutsr.

Wed Apr 23, 2008 at 12:17:13 PM EST

none

The chances of making a bigger dent on drugs in my neighborhood also goes up with starting house-to-house searches...Why do we allow the police more latitude with motor vehicle searches?
Just so you understand, I don't want the police to check your license and insurance while you're driving around on your own property - only when you're out driving on the same roads that I use.

16

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Re: Bill of Rights for Drivers

port1080.

Wed Apr 23, 2008 at 12:26:39 PM EST

5.00 (astute)

Just so you understand, I don't want the police to check your license and insurance while you're driving around on your own property - only when you're out driving on the same roads that I use.

Then you shouldn't have any problem with police stopping you as you walk down the street and frisking you for drugs and concealed weapons, no? After all, you're walking down the same sidewalk I use, and you might have a gun!

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Re: Bill of Rights for Drivers

zyxwvutsr.

Wed Apr 23, 2008 at 12:29:52 PM EST

none

There is no requirement for a license to walk down the street - only to drive.

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Re: Bill of Rights for Drivers

port1080.

Wed Apr 23, 2008 at 12:32:04 PM EST

5.00 (brilliant)

There is no requirement for a license to walk down the street - only to drive.

But there is a license requirement to carry concealed weapons. I demand to know whether you have a gun hidden on you! Think of the children!

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Re: Bill of Rights for Drivers

zyxwvutsr.

Wed Apr 23, 2008 at 01:49:31 PM EST

none

I demand to know whether you have a gun hidden on you!
Bad analogy. If the law required a gun license and I was walking down the street openly carrying a weapon, then I would expect the police to ask me if I had one. Why are cars any different?

22

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States Rights!

Lou.

Wed Apr 23, 2008 at 01:03:22 PM EST

none

Fuck that: I want all the unlicensed and/or uninsured drivers off the road.

You are not legally bound to insure your car in New Hampshire.  I'm sure there are other states as well.

I can't argue with your logic...but I can recommend a good therapist

23

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Re: States Rights!

pO157.

Wed Apr 23, 2008 at 01:10:13 PM EST

none

There is also (at least when I was there) no vehicle inspection in Idaho. This gets you a "I don't know how they do things wherever YOU'RE FROM, but here we do things a little bit differently..." from the mechanic/vehicle inspection guy after you move back to the east (Imagine this spoken very slowly and loudly, because obviously being a denizen of the Gem State for several years means you are borderline retarded). Asshole. I was then presented with a bill itemizing $3,500 in charges that it would take to bring my car up to my new home's environmental and safety standards.

Thank goodness I didn't run into an inspection/registration/MADD checkpoint after I moved back home, otherwise I would have  been sent to prison and had my car cubed.

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Re: States Rights!

zyxwvutsr.

Wed Apr 23, 2008 at 01:50:21 PM EST

none

You are not legally bound to insure your car in New Hampshire
Do you need a licence to drive in NH? If so, then I think the police there would know the difference.

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Re: States Rights!

Lou.

Wed Apr 23, 2008 at 04:32:18 PM EST

none

Yes, you need a license to drive in NH.  What does that have to do with mandatory insurance and what difference the police would know?

I can't argue with your logic...but I can recommend a good therapist

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Re: States Rights!

zyxwvutsr.

Wed Apr 23, 2008 at 07:20:55 PM EST

4.50 (astute, astute)

In NH the police should obviously not arrest drivers without auto insurance.

8

It's everywhere...

skeeter1.

Wed Apr 23, 2008 at 10:19:56 AM EST

4.00 (interesting)

I live near the ironically-named city of Independence, Ohio.  A lily-white suburb if ever there was.  At one time (~30 years ago) I was passing a black man who was driving a Mercedes on the freeway through town, and the cops were out with a speed-trap.  You want to guess who they pulled over?  Not me!  Racial profiling is everywhere.

A couple of years ago I went to visit my cousin in Phoenix.  Everyone there likes to bitch about the Mexicans, but guess who they all hire to do their yard work, or hire to do the landscaping at the fancy golf courses?  You're correct if you said the Mexicans.  

Last trip to San Diego, there were plenty of Mexicans with signs reading "will work for food" at the highway rest stops.  Guess who was picking them up?  If you answered rich whites, you're right again.

I have no idea what can be done about it, but I sure wish I did.

there's only one way to find out...

10

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Re: It's everywhere...

pO157.

Wed Apr 23, 2008 at 10:43:29 AM EST

none

I have no idea what can be done about it, but I sure wish I did.

See my post #9. Start locking up idiots who hire these obvious illegals. The jobs will dry up and our immigration problem will be massively attenuated. As a bonus wages will increase which will likely alleviate the crunch on unskilled labor.

9

Fuck this shit.

pO157.

Wed Apr 23, 2008 at 10:41:39 AM EST

none

As you may or may not be aware the US Border Patrol has jurisdiction anywhere within 100 miles of a US border (link more than a bit biased, but linked just for the citation). I live close enough to a US border that I see BP trucks on a regular basis and their helicopters flying around in the sky. I can get behind that.

What I just can't get behind is internal checkpoints as a result of this 100 mile jurisdiction. The Border Patrol runs a 'secret' checkpoint on I-87 in Upstate New York that is so 'secret' it has become the subject of heated Senate committee meetings. If you have never had the pleasure of being stopped there, basically you come around a blind curve in the middle of the night to bright spotlights pointed at you and the flashing lights of half a dozen police vehicles. In order to ensure your safety they basically make you rapidly decelerate from 70 to 25 miles an hour while trying to comprehend why the hell there is some kind of NKVD checkpoint on a US highway at 2am. Unfortunately, people have given their lives so their country can harass people who probably didn't even cross a border and are just trying to get through their day. I can't imagine being a local in this area and having to go back and forth across an internal checkpoint multiple times just to go about my day-to-day.

There are also sixty other checkpoints across the country (north and southern border). They usually double as drug enforcement roadblocks, and help save society from the scourge of recreational marijuana users. Most of these locations are known, and any intelligent smuggler or terrorist will Google his/her route in advance. Now, I'm obviously not very experienced or talented with law enforcement but how about we make the following changes in our border enforcement policies for the safety and comfort of everybody else?

-To prevent innocent Americans from becoming immolated in a fiery highway wreck, how about we enforce border laws at the fucking border? Build a fence along the Mexican border, increase the number of agents working along the frontier. Something that actually has a chance at doing something besides harassing Cheech and Chong over their righteous bud.
-Increase the penalties for knowingly hiring illegals to include jail time. Let the ICE people start rounding up Corporate Bob and Factory Owner Frank for hiring the illegals and they will stop hiring. No jobs? The illegals stop coming, allowing the Border Patrol to concentrate on preventing terrorist infiltration.
-Make all highway checkpoints illegal, except in the case of a judicial warrant in emergency circumstances (kidnapped child a short time ago believed to be taken in a known direction and known type of vehicle).

Any other suggestions?

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Suggestions? Here's one

delete me.

Wed Apr 23, 2008 at 10:10:53 PM EST

4.00 (interesting)

Any other suggestions?

Mandate a $20/hour minimum wage for illegal immigrants. Include back pay if an employer is caught breaking the law.

- derumi (del-me)
"Bobby Fischer? Man, that guy is crazy!" - Mike Tyson

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Re: Suggestions? Here's one

pO157.

Wed Apr 23, 2008 at 10:38:12 PM EST

none

You know what bothers me about these illegal immigration debates? Where are the unions who cover menial occupations and unskilled labor jobs? If they successfully lobbied for a massive crackdown on illegal labor their constituents would see huge wage gains in the agriculture and services industries.

The unions and the leadership of traditionally marginalized communities like the African-Americans should really be agitating for strict laws against illegals, but they are not. Their silence really doesn't make much sense to me.

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Re: Suggestions? Here's one

zyxwvutsr.

Thu Apr 24, 2008 at 12:04:46 PM EST

4.50 (interesting, interesting)

You know what bothers me about these illegal immigration debates? Where are the unions who cover menial occupations and unskilled labor jobs? If they successfully lobbied for a massive crackdown on illegal labor their constituents would see huge wage gains in the agriculture and services industries
You seem to be under the mistaken impression that unions exist to serve their membership.

Unions exist first and foremost to give wealth and power to the unions' leaders. Illegal immigrants make up a significant portion of the unskilled labor force in the US. That fact is a problem for the unions for one reason only - because illegal immigrants cannot join unions and pay union dues. The position of big labor makes perfect sense in this context: unions who represent unskilled labor want immigration reform so that they may sign up more members.

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^ 43

Re: Suggestions? Here's one

JimmyHavok.

Thu Apr 24, 2008 at 01:20:02 PM EST

5.00 (interesting, informative)

illegal immigrants cannot join unions and pay union dues.

Which unions check for green cards?  I must have missed that rule when I was an ILWU member.

54

^ 51

Re: Suggestions? Here's one

zyxwvutsr.

Thu Apr 24, 2008 at 01:58:11 PM EST

none

Union dues come from paychecks. If an illegal immigrant cannot get a paycheck then he cannot have dues deducted.

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^ 54

Re: Suggestions? Here's one

thefadd.

Thu Apr 24, 2008 at 02:12:10 PM EST

none

See gerrymander's point.

It is easy to buy small plaster models of what you think life is like.

59

^ 54

Re: Suggestions? Here's one

JimmyHavok.

Thu Apr 24, 2008 at 04:09:15 PM EST

none

I thought illegal immigrants were stealing jobs.  Now you say they don't get paid.  I have a hard time keeping up with the argument when it changes so quickly.

63

^ 59

Re: Suggestions? Here's one

zyxwvutsr.

Thu Apr 24, 2008 at 09:05:26 PM EST

none

I thought illegal immigrants were stealing jobs.  Now you say they don't get paid
I never said they don't get paid.

56

^ 51

Re: Suggestions? Here's one

pO157.

Thu Apr 24, 2008 at 02:19:50 PM EST

none

If the union deducts it from your paycheck (the one I was in for a year did) you need to have presented at least convincing documentation to your employer to get paid.

Unions can't recruit and enroll people who get paid in cash under table.

45

^ 43

Re: Suggestions? Here's one

gerrymander.

Thu Apr 24, 2008 at 12:40:45 PM EST

4.66 (astute, astute, astute)

illegal immigrants cannot join unions and pay union dues.

Slight correction: known illegal immigrants cannot join unions and pay union dues. Illegal immigrants with forged papers or stolen identities, however, have much more leeway.

41

^ 40

Re: Suggestions? Here's one

port1080.

Thu Apr 24, 2008 at 06:53:15 AM EST

4.00 (interesting)

The unions and the leadership of traditionally marginalized communities like the African-Americans should really be agitating for strict laws against illegals, but they are not. Their silence really doesn't make much sense to me.

Because it's not all about money.  If it really was all about money the proletariat would have risen up and taken over management a long time ago.  People care about other things.  In this case, sympathy and a feeling of solidarity simply outweigh the class based considerations.

46

^ 41

Re: Suggestions? Here's one

Jackkeefe.

Thu Apr 24, 2008 at 12:45:57 PM EST

5.00 (astute)

this case, sympathy and a feeling of solidarity simply outweigh the class based considerations,

I don't think that's the case, union members are pretty anti-immigrant. The Democrats and Union bosses decided that more low skilled immigrants meant more Democratic voters, and increased Democratic turnout and office holdrers meant union favoring legislation.

Barney Frank, chairman of the House Financial Services Committee, admitted as much.  He told the National Journal that additional immigrant workers are "bad for blue-collars,"But immigrants can help elect Democratic majorities, and "if [a Democratic Congress] were to significantly strengthen unions, then you would offset the negative effect on the income of workers."  http://news.nationaljournal.com/articles/070516nj1.htm

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^ 46

Nationalist Journal, hard at work

JimmyHavok.

Thu Apr 24, 2008 at 01:16:10 PM EST

5.00 (astute)

Gotta love the ellipses and paraphrases in that "quote" of Barney Frank.

The Republicans see this as a divide-and-conquer issue.  They have no interest in anyone poor, whether they are white, black or brown.  These tears about how high school dropouts earn less because of illegal immigrants are bullshit.  These are the same people who fight tooth and nail against minimum wage laws.

The real truth is that making life harder on immigrants drives down the wages of illegal immigrants, and that's what the people who hire them want.

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^ 50

Re: Nationalist Journal, hard at work

pO157.

Thu Apr 24, 2008 at 01:22:56 PM EST

none

There is truth to the idea that illegal immigration depresses wages for high school dropouts. If they can hire a bunch of illegals to work melon fields for cheap, why hire some dropout if he is going to demand $7 or $8 an hour?

The quote about how the immigrants will vote Democratic (or whatever party legalizes them) is one of the real reasons why you will never see real, permanent, immigration reform in this country. Politicians know that immigrants and their families will always vote as a strong one issue constituency, and anybody who gets citizenship as a result of amnesty or illegal friendly legislation will always be in their corner. Therefore it makes sense to sell your native constituents up the river in exchange for permanent support from new voters you just legalized.

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^ 53

Re: Nationalist Journal, hard at work

JimmyHavok.

Thu Apr 24, 2008 at 04:05:59 PM EST

none

The quote about how the immigrants will vote Democratic (or whatever party legalizes them) is one of the real reasons why you will never see real, permanent, immigration reform in this country.

Illegal immigrants can't vote.  Make them legal and they aren't illegals any more.  I have to wonder what you mean by "real, permanent, immigration reform."  Apparently it doesn't involve legalizing anyone, since legalizing a large portion of illegals would constitute reform.

60

^ 57

Re: Nationalist Journal, hard at work

pO157.

Thu Apr 24, 2008 at 04:12:00 PM EST

none

Real, permanent, immigration reform is any reform which diminishes the immigration problem, does not reward illegals already here or encourage further incursions like the amnesty of the mid 80s.

62

^ 60

Re: Nationalist Journal, hard at work

JimmyHavok.

Thu Apr 24, 2008 at 08:22:16 PM EST

5.00 (astute)

You won't see "real, permanent, immigration reform"  because it's near impossible to meet your conditions.  America has been a nation of immigrants since it was founded, and every generation has bitched about the current immigrants and how they are ruining everything.  You're no different than the people who passed the Chinese Exclusion Act.

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^ 62

Re: Nationalist Journal, hard at work

pO157.

Fri Apr 25, 2008 at 06:08:15 AM EST

none

When will supporters of illegal immigration realize that flipping a border or sneaking ashore in the dead of night is not the same thing as legal immigration? Why is it so bad to ask people who want to join our country to play by the rules?

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Re: Nationalist Journal, hard at work

JimmyHavok.

Fri Apr 25, 2008 at 05:13:23 PM EST

none

I wonder if you know anyone who played by the rules?  My best friend went through hell to get his wife legal.

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Re: Nationalist Journal, hard at work

pO157.

Fri Apr 25, 2008 at 05:21:57 PM EST

none

Yes I do. And I know several people wondering if they will have to leave because of visa shenanigans.

I would imagine that the people who went through hell to come legally here and played by the rules would object to other people not paying their dues. I know I would. I know my co-workers that are going through visa related trouble or have it coming up are very angry about people who just show up and stay.

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^ 67

Re: Nationalist Journal, hard at work

JimmyHavok.

Fri Apr 25, 2008 at 06:14:58 PM EST

4.50 (astute, interesting)

When the rules are so onerous, and so hard to enforce, you're going to get people violating them.  That's a fact of life.

I don't consider immigration violations to be malum in se, so it doesn't really upset me.

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^ 46

Re: Suggestions? Here's one

port1080.

Thu Apr 24, 2008 at 01:21:53 PM EST

5.00 (astute)

I don't think that's the case, union members are pretty anti-immigrant. The Democrats and Union bosses decided that more low skilled immigrants meant more Democratic voters, and increased Democratic turnout and office holdrers meant union favoring legislation.

As far as I was aware, we were talking about illegal immigrants. In the vast majority of cases in the vast majority of places, illegal immigrants do not have the right to vote. Even most legal immigrants don't have the right to vote until they actually attain citizenship (although some places do allow non-citizens to vote in state / local elections - but as far as I'm aware, no state allows non-citizens to vote in national elections). Given all of this, I'm not really sure where you're coming from (or where Frank is coming from, for that matter).

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^ 52

Re: Suggestions? Here's one

Jackkeefe.

Thu Apr 24, 2008 at 05:39:41 PM EST

4.50 (interesting, interesting)

The idea being that today's illegal immigrants quickly become tomorrow's citizens, especially when amnesty is on the table.  

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Re: Suggestions? Here's one

JimmyHavok.

Thu Apr 24, 2008 at 04:07:33 PM EST

none

where Frank is coming from

You can't expect the National Journal to quote Barney Frank accurately.

42

^ 41

Re: Suggestions? Here's one

pO157.

Thu Apr 24, 2008 at 09:13:34 AM EST

none

No offense to their position, but it is silly. You have a third world in Central and South America* with hundreds of millions of people willing to work in the US for those wages. Do they honestly expect to just sit back and wait until all illegals are making $12 an hour before they agitate for their own position? Here is a link which talks about a legal day laborer getting 'outnumbered 100 to 1' by illegals, yet he bears them no ill will. That generosity is amazing, considering their cheap labor is helping to subsidize the same 'management' you'd figure they rail against.  

*Why is immigration always considered a Hispanic issue? Why do Mexicans and Central Americans get preference in immigration issues? Arguably there are places in Africa that are a whole lot worse off than in Latin America, but I have yet to see many people agitate to allow those genocide survivors in instead.

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Re: Suggestions? Here's one

delete me.

Thu Apr 24, 2008 at 12:11:24 PM EST

none

Do they honestly expect to just sit back and wait until all illegals are making $12 an hour before they agitate for their own position?

I don't envision illegal immigrants making $12/hour if US citizens could be hired for some amount between minimum wage and $12 instead.

- derumi (del-me)
"Bobby Fischer? Man, that guy is crazy!" - Mike Tyson

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^ 44

Re: Suggestions? Here's one

pO157.

Thu Apr 24, 2008 at 12:46:46 PM EST

5.00 (informative)

I don't either, but the article claims Latinos (many illegal) working out of these Home Depot parking lots are asking and receiving $12 an hour whereas the African-American man mentioned is getting passed over for jobs.

17

^ 9

I'm With You, But

uncarved block.

Wed Apr 23, 2008 at 12:29:47 PM EST

none

    I agree that removing (or at least reducing) the jobs to be had would be go a lot further in reducing the incentive to cross the border than many in politics would like to admit . . but that said, it's just not that easy. As you know, I'm in Tucson, and there's a high degree of integration, at least in the city proper*. You simply can't assume that any Hispanic you see at a work site is illegal, because it runs against the percentages, probably dramatically so-- in the range of 80/20 or higher. If the cops really started going after anyone who employed Hispanics, the politicians would hear about it very, very quickly, and changes would happen.
    Then there's the matter of resources. It's already against the law, and I'm sure the cops hear about it all the time-- yet outside of a few heavies here and there like Arpaio, very little ever happens. Why? Because that would require funding, and in turn that would require higher taxes~, which is hardly palatable in even the more liberal states, and could end a political career in a heartbeat down here. I'm still amazed at how light the police presence is down here, and can only assume that that's the way the locals want it.
    There's also the matter of prosecution. Should a business owner go to jail if his workers have forged papers? Yet the degree of scrutiny an employer gives to an I-9 is exactly where the wiggle room in employing illegals comes about. Proving that someone knowingly turned a blind eye to a forgery in court is expensive, possibly prohibitively so-- and certainly a low, low priority for a police force that can barely keep up with the other more serious crimes that happen in any big city.
    Short answer? Americans would like to prevent illegal immigration, but only a very few are willing to actually foot the bill to make this happen.

     *There's sprawl to the north and east, because the city proper is full of older style housing- adobe and cement block, and usually very small- which are fairly good for the price at allowing one to survive the heat. (Which is the dominant consideration for much of daily life, not just the housing.) But if you want a bigger house, or one made more of wood than stone, then you have to move further out of the city center, which creates a de facto economic segregation-- though this is hardly absolute, since cheap land also attracts the poor.
    ~It would also increase the government footprint, which runs counter to the general conservative trend in the state. There's not as many "New World Order is going to enslave us!" types as it may seem (though someone did tack up a "CFR traitor" placard a block from my apartment), but there are a lot of folks who believe that the best  government is the one that leaves them alone, and this from the top to the bottom of the economic ladder.

Ex ignorantia ad sapientiam; e luce ad tenebras

21

^ 17

This may be overbroad, but...

pO157.

Wed Apr 23, 2008 at 01:00:08 PM EST

none

I agree that removing (or at least reducing) the jobs to be had would be go a lot further in reducing the incentive to cross the border than many in politics would like to admit . . but that said, it's just not that easy. As you know, I'm in Tucson, and there's a high degree of integration, at least in the city proper*. You simply can't assume that any Hispanic you see at a work site is illegal, because it runs against the percentages, probably dramatically so-- in the range of 80/20 or higher. If the cops really started going after anyone who employed Hispanics, the politicians would hear about it very, very quickly, and changes would happen.

Guy who hires workers from a constructor worker hiring hall where backgrounds and papers are vetted? Probably legit. Guy who pulls up in a sketchy conversion van to the local Home Depot and takes his pick of random dudes hanging out on the sidewalk? Probably knows he is hiring illegal labor.

Yet the degree of scrutiny an employer gives to an I-9 is exactly where the wiggle room in employing illegals comes about. Proving that someone knowingly turned a blind eye to a forgery in court is expensive, possibly prohibitively so-- and certainly a low, low priority for a police force that can barely keep up with the other more serious crimes that happen in any big city.

But the cops have time to pull random people over for the hypothetical busted taillight up thread. I would argue that illegal immigration has much more deleterious consequences for the community as a whole in the long run than lighting equipment on Joe's car.

20

^ 9

Re: Fuck this shit.

skeeter1.

Wed Apr 23, 2008 at 12:57:28 PM EST

none

"No jobs? The illegals stop coming, allowing the Border Patrol to concentrate on preventing terrorist infiltration."

I was under the (incorrect, obviously) impression that one of the goals of NAFTA was to provide jobs in Mexico so folks could have good jobs there.  I don't think there's ever been a problem with Canadians.  I've owned two cars (prior to NAFTA) that were made in Canada, one an American Motors, one a Chevrolet.  If anything, back during the Vietnam war, quite a few US citizens were looking to go TO Canada, not the other way around.  

I once went to Canada, to Niagara Falls, and got hassled by the US side of the border for bring back a case of Canadian beer.  Guess I didn't pay enough taxes on it.

there's only one way to find out...

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