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Judge Blocks Key Parts of Immigration Law in Arizona
By RANDAL C. ARCHIBOLD
PHOENIX — A federal judge, ruling on a clash between the federal government and a state over immigration policy, has blocked the most controversial parts of Arizona’s immigration enforcement law from going into effect.

In a ruling on a law that has rocked politics coast to coast and thrown a spotlight on the border state’s fierce debate over immigration, United States District Court Judge Susan Bolton in Phoenix said some aspects of the law can go into effect as scheduled on Thursday.

The parts of the law that the judge blocked included the sections that called for officers to check a person’s immigration status while enforcing other laws and that required immigrants to carry their papers at all times. Judge Bolton put those sections on hold until the issues are resolved by the courts.

The judge’s decision, which came as demonstrators opposed and supporting the law gathered here and after three hearings in the past two weeks in which she peppered lawyers on both sides with skeptical questions, seemed unlikely to quell the debate.

The ruling came four days before 1,200 National Guard troops are to report to the Southwest border to assist federal and local law enforcement agencies there, part of the Obama administration’s response to growing anxiety over the border and immigration that has fed support for the law.

Lawyers for Arizona Gov. Jan Brewer, a Republican who signed the law and is campaigning on it for election, were expected to appeal, and legal experts predict the case is bound for the United States Supreme Court.

The law, adopted in April, was aimed at discouraging illegal immigrants from entering or remaining in the state.

It coincided with economic anxiety and followed a number of high-profile crimes attributed to illegal immigrants and smuggling, though federal data suggests crime is falling in Arizona, as it is nationally, despite a surge of immigration.

Seven lawsuits have been filed against the law, challenging its constitutionality and alleging it will lead to racial profiling.

The Justice Department lawsuit was among the more high profile, filed after President Obama and Attorney General Eric Holder condemned the law.

It also lead to mass demonstrations in Phoenix, for and against it, and a national campaign by civil rights groups to boycott the state.

The Mexican government warned its citizens about traveling to the state and filed a brief in court supporting the lawsuits. Its human rights commission was sending inspectors to the border in anticipation of an escalation in deportations.

But the law also has attracted support, with polls showing a majority of Americans support the notion of local police assisting in federal immigration enforcement.

The Obama administration struggled to respond. After the law was adopted it defended its handling of the border and immigration while urging Congress to enact a sweeping change in immigration law.

Judge Bolton conducted three hearings on the lawsuits.

Justice Department lawyers argued the state law amounted to regulation of immigration, the exclusive authority of the federal government. They said the law goes too far in requiring local police to make immigration checks and that federal agencies would be overwhelmed in responding to the requests.

In addition, they argued that the law could lead to harassment of legal residents and citizens who fell under suspicion by the police and could damage relations with Mexico and other countries the United States relies on for cooperation with law enforcement and other matters.

Judge Bolton at times did not sound open to the federal government’s arguments.

“Why can’t Arizona be as inhospitable as they wish to people who have entered or remained in the United States?” she asked Deputy Solicitor General Edwin S. Kneedler last week.

“It is not for one of our states to be inhospitable in the way this statute does,” he replied, echoing arguments from other lawyers who have warned against a patchwork of state and local immigration laws.

At another point, she asked, “Where is the preemption if everybody who is arrested for some crime has their immigration status checked?”

She suggested the immigration agency could simply refuse to pick up someone referred by the police, a tact federal officials have hinted could be their response if the law goes forward. But she seemed reluctant to accept that local police making the inquiry intruded on federal authority.

John Bouma, a lawyer for the state, said the law closely hews to federal statutes and follows the intent of Congress to give states a role in enforcing immigration laws.

He said Arizona was being irreparably harmed by the flow of immigration across the border – more people are apprehended crossing the border in Arizona than any other state – and the state should not be penalized for stepping in where the federal government has not.

“The status quo is simply unacceptable,” he said.

But Judge Bolton seemed flustered by vague wording in the law and questioned, among other things, if people arrested for any crime would be detained for unusually long periods while their immigration status was being determined, as the law requires.

She also questioned whether local police could arrest somebody without a warrant if they believe they have commited a deportable offense. Determining who gets deported is typically left to a judge.


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I was listening to a network news program the other day.. Not sure I have this right but basically, they were saying that if an Arizona State Trooper pulls a guy over for speeding (or some other traffic violation) and he suspects he may be illegal, he can check his documents that prove his citizenship is legal.

Not sure I have the details right, but my question is, What if I'm driving through Arizona and I get stopped for speeding.. if they suspect me as an illegal, can they ask me for papers... and exactly what papers am I supposed to have that proves I'm an american citizen?

Is the state issuing some document that proves citizenship? Because, that would make sense.. But if illegals can fake drivers licenses, why can't they fake this new ID?

Mostly I'm just asking cause I simply don't understand this new law...


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I say we ship a bunch of illegals to the judge's house and tell them they're free to raid the fridge, watch the TV, do whatever. When the judge calls the cops to have them remove them, they can just tell her that it's her problem ... They can't ask for proof of residence, because if they really do live there, then they would be infringing on their rights. And if she kicks them out into the street by herself ... then she's obviously a heartless racist.

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if they suspect me as an illegal, can they ask me for papers... and exactly what papers am I supposed to have that proves I'm an american citizen?




Uh ... a driver's license?

Quote:

Is the state issuing some document that proves citizenship? Because, that would make sense.. But if illegals can fake drivers licenses, why can't they fake this new ID?




If they fake it, they fake it ... there are ways of looking up DL#'s and verifying ID's, as well as determining if the ID itself is fake. If some people slip through the cracks, then they do ... it's much better than doing absolutly nothing.

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If you have a legal US drivers license and speak clear English, it probably wouldn't be a problem.

Many of the illegals pulled over speak little or no English. If you fit that group you would naturally want to carry proof of your right to be here.

No different than if I travel to Europe I have my passport available if need be.


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Or any country for that matter. Heck if I get pulled over in Mexico and can't communicate with the cop, they're probably going to want to see my papers.

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Or any country for that matter. Heck if I get pulled over in Mexico and can't communicate with the cop, they're probably going to want to see my papers.




But typically those papers the Mexican cops ask for normally have pictures of Andrew Jackson, U.S. Grant or Benjamin Franklin on them and no picture of you..


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yeah, I suppose that would work....


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Or any country for that matter. Heck if I get pulled over in Mexico and can't communicate with the cop, they're probably going to want to see my papers.




But typically those papers the Mexican cops ask for normally have pictures of Andrew Jackson, U.S. Grant or Benjamin Franklin on them and no picture of you..




I also believe that in Mexico, if you are there illegally, you go to jail.


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Quote:

I was listening to a network news program the other day.. Not sure I have this right but basically, they were saying that if an Arizona State Trooper pulls a guy over for speeding (or some other traffic violation) and he suspects he may be illegal, he can check his documents that prove his citizenship is legal.

Not sure I have the details right, but my question is, What if I'm driving through Arizona and I get stopped for speeding.. if they suspect me as an illegal, can they ask me for papers... and exactly what papers am I supposed to have that proves I'm an american citizen?

Is the state issuing some document that proves citizenship? Because, that would make sense.. But if illegals can fake drivers licenses, why can't they fake this new ID?

Mostly I'm just asking cause I simply don't understand this new law...





Non nationals in the country for various reasons have to have a passport which IDs them.

If they are here to work, they are issued work visa's.


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Quote:

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if they suspect me as an illegal, can they ask me for papers... and exactly what papers am I supposed to have that proves I'm an american citizen?




Uh ... a driver's license?




Currious.....What if Jose, a 10 year legal US citizen with accent, is a passenger in car and has nothing on him? Are they not allowed to ask him, since he isn't the one driving?


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Currious.....What if Jose, a 10 year legal US citizen with accent, is a passenger in car and has nothing on him? Are they not allowed to ask him, since he isn't the one driving?




if he is doing nothing illegal, then by my reading of the law they would not be allowed to ask him.


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Of course, if he's a legal US citizen, he probably doesn't care if he has to show his papers. He has nothing to worry about.

My buddy at work that sits next to me recently picked up his US citizenship. He says he always gets stopped at the Orange County/San Diego inspection stations. He could care less.


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Of course, if he's a legal US citizen, he probably doesn't care if he has to show his papers. He has nothing to worry about.

My buddy at work that sits next to me recently picked up his US citizenship. He says he always gets stopped at the Orange County/San Diego inspection stations. He could care less.





I can totally relate to that.... it's kinda like sobriety checkpoints for me. Since I've been sober, I just smile and enjoy going through them because I know they ain't gonna have anything on me.


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Quote:

Quote:

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if they suspect me as an illegal, can they ask me for papers... and exactly what papers am I supposed to have that proves I'm an american citizen?




Uh ... a driver's license?




Currious.....What if Jose, a 10 year legal US citizen with accent, is a passenger in car and has nothing on him? Are they not allowed to ask him, since he isn't the one driving?




Asking Jose for his ID is racist. But it's happened to me many times as the cops checked ID's for everyone in the car...but we were white so it is okay.

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http://www.ktla.com/news/landing/ktla-la-arizona-immigration-law-protest,0,3926977.story

Protesters Arrested at L.A. Immigration Rally

At least ten protesters who were chained together were taken into custody.

KTLA News

2:36 PM PDT, July 29, 2010

LOS ANGELES -- At least a dozen people have been arrested after staging a noisy rally to protest Arizona's new immigration law.

About two hundred demonstrators gathered at the intersection of Wilshire Boulevard and Highland Avenue in Hancock Park about 10 a.m. Thursday morning blocking traffic.

Police shut down the intersection and diverted traffic.

The protesters chanted, "These are our streets" during the raucous demonstration. Organizers said they were protesting the criminalization of immigration.

Officers in riot gear stood by for three and a half hours before declaring an unlawful assembly.

Most of the protesters left the intersection peacefully, but about a dozen laid down in the middle of the street and refused to leave. They were linked together with plastic pipes and chains.

Police began cutting their chains and carrying them away about about 3:30 pm. They were booked on charges of failure to disperse.

The same organizers staged a similar demonstration in May that resulted in several arrests.


___

It's amazing that it took 5 hours to get them off the street they were blocking... and Wilshire is a main thoroughfare... it's not a side street by any means...


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And Im sure these idiots were complaining about their "constitutional rights" being violated too.

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Perhaps I'm just confused, but why are Californians protesting an Arizona law in LA? Wouldn't it be smarter to protest it in Arizona?

After reading some of the stuff that you guys have said, I'm wondering what the big deal is about this law.. If that's what the people of Arizona want, then who the hell am I to say they shouldn't have it.

Afterall, they are the ones living in the shadow of the border and on the front line of this battle.

The only question I have is this, what the hell took them so long to propose and pass this law in the first place? I mean, this isn't a new problem? It's been around for years and years,, it's not new.

Just wondering about the timing...

Does Texas and New Mexico and California have something similar?


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Perhaps I'm just confused, but why are Californians protesting an Arizona law in LA? Wouldn't it be smarter to protest it in Arizona?




Because most the people protesting aren't that bright to begin with.

Usually the protests are made up of illegal aliens themselves, those closely associated or related to illegal aliens, those brainswashed into thinking that this is some sort of racism, and those racked with guilt due to years of guilt re-education. Naturally, LA would be a good rallying point for them.

Quote:

After reading some of the stuff that you guys have said, I'm wondering what the big deal is about this law..



Nothing really ... and most of the country gets it too. It's really nothing more than a state law, re-enforcing several federal ones, and people crying about it, throwing out accusations of racism and other garbage because people they know (or themselves) now won't have an easy time getting the free handouts they've been getting. Of course politicians jump on it too, cause they want to champion "the poor innocent victims" and weasel out a bunch of votes.

Quote:

If that's what the people of Arizona want, then who the hell am I to say they shouldn't have it.

Afterall, they are the ones living in the shadow of the border and on the front line of this battle.




Exactly

Quote:

The only question I have is this, what the hell took them so long to propose and pass this law in the first place? I mean, this isn't a new problem? It's been around for years and years,, it's not new.

Just wondering about the timing...




This mainly stems from the economic downturn as well as the high unemployment rate. With the state budget pinched ... all that extra money that goes towards incarceration, education, providing healthcare, and welfare of illegals is now suddenly felt tenfold. And with the unemployment rate so high, you've got two groups of people now fighting for lower tier jobs ... actual state citizens and illegals.

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Does Texas and New Mexico and California have something similar?



I wish!

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Maybe some of the longer-tenured San Diego residents can help me with this, but on the I-5 and I-15 (really the only two ways that go through Camp Pendleton and connect Orange County and San Diego County), there are checkpoints/inspection stations. They do the usual stuff for semis and all that, but then they also will close down the entire highway and do "random inspections". The way it works is there is a border patrol guy standing in between two lanes, they look in the car to see if everyone is white, if not, they chat you up for a minute, then either let you go or send you to get your car inspected and have another officer check your papers.

I used to commute through there every day, and had to wait through more than my fair share of inspections (it's basically a sobriety checkpoint, except on the only major highway in the area, and they're checking for illegals). I have never gone through there without seeing them loading a bunch of Mexican dudes, handcuffed, into white vans.

Now, I don't disagree with this, but how on God's green Earth is this legal and why haven't I heard people grumbling about racial profiling, "is this what we've come to" and all that?


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Good question. Maybe all Arizona needs to do is setup some "sobriety" checkpoints.

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It's really nothing more than a state law, re-enforcing several federal ones




Interesting,,, then perhaps they are protesting because they know two things

1.. The federal government won't enforce existing law and hasn't for years

2. They fear that Arizona will

I can see that as a big change for them... So I can understand the reason for protest..

Still, the problem doesn't appear to be with Arizona or thier law,, it's more of a federal breakdown... and again, I can't say how long it's been going on, but at least for the Obama and Bush Adminstrations.. I would thing at least that long right?


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Good question. Maybe all Arizona needs to do is setup some "sobriety" checkpoints.




Well I been through those checkpoints up the 5 and 15.. though I always normally have been travelling alone....and when they are open.. they just wave me through just like every single other car.. I've never seen them actually pull anyone aside..

Though I have seen a sobriety/DL &insurance checkpoint on a city street up in Fullerton, CA where they had a older minivan pulled to the side and a group of Hispanic looking people sitting on the curb...


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if they suspect me as an illegal, can they ask me for papers... and exactly what papers am I supposed to have that proves I'm an american citizen?




Uh ... a driver's license?






Is a drivers license proof of American citizenship? I mean,you dont have to be a citizen to get a DL do you?

SO lets just say a state issued ID will do,that seems fair to me. So is there a law saying everyone must carry a state issued ID?

See I could care less how we treat the illegals, I want them out. My problem is when we start discriminatiing against American Citizens because of their color or heritage. It bothers me that their are many millions of people that are of Hispanic descent who live in this country,legally,many are citizens just as long or longer than my own people have been,but yet people seem to think they are lesser citizens than someone of european background and it is OK to have different rules for them.

Funny thing is, in my mind I keep thinking of a scenario like Born in East LA.

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Who says they're lesser citizens? or have different rules??

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Who says they're lesser citizens? or have different rules??




It seems to me that if you are of hispanic descent in Arizona you are required to carry a state issued ID,if you are of European,or African descent,you dont have to. That seems like a different set of rules to me.

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Good, I am glad.

These proto-fascist want to create a police state.

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It seems to me that if you are of hispanic descent in Arizona you are required to carry a state issued ID,if you are of European,or African descent,you dont have to. That seems like a different set of rules to me.




Don't know where you get that idea from??

ANYONE who is an obvious international needs to carry an ID or permit papers on them at all times. It's always been like that ... and it's pretty much like that in ANY country. Plus everyone, should be able to have some way of proving their right to live here ... me and other Americans included. If I get pulled over for something and don't have an ID on me ... it's not like they say, "Well you sound American, here's your ticket ... now go ahead on"

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Plus everyone, should be able to have some way of proving their right to live here ... me and other Americans included. If I get pulled over for something and don't have an ID on me ... it's not like they say, "Well you sound American, here's your ticket ... now go ahead on"




Well that assumes someone is driving, proving driving privileges is not the issue.

What I am saying is why not just mandate that everyone has state issued IDs? Because people will be screaming about loss of personal freedoms and privacy.But SOME seem to think that if you are of Hispanic descent you should be required to have a ID,while if they are told they are required to carry an ID they are up in arms about it.


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But SOME seem to think ...




Who cares what "some" think? Some think Mexico should just annex all border-states and call them apart of Mexico again. The LAW is pretty straight forward and what it should be (and pretty much what it has always been) ... if law enforcement suspects you to be an international, you must have a way to prove your right to be here. And that includes Europeans, Asians, Canadians, etc.

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law enforcement suspects you to be an international, you must have a way to prove your right to be here. And that includes Europeans, Asians, Canadians, etc.




Really? So, this law is targeting Canadians?

Darn those stinking Canadians!!

It is targetting Asians and Russian Immigrants? Darn those Russian, Chinese, Japanese, Korean, and etc.... speaking people!

Or, is Arizona targetting Mexicans?

I think we have a winner. It is those hombres they are after. Arizona couldn't care less if you are caught speaking Russian or French (Quebec). But, the second you open your mouth and speak with a Mexican accent, or speak Spanish. Man, you are in trouble.

Arizona is targetting a specific ethnicity with their law. They may so this is going to be after all immigrants. But to honestly believe that this law is targetting blonde, blue eyed immigrants from Germany, you are sadly mistaken.

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It's targeting illegal aliens ... period. And when the non-Mexican immigration base of Arizona approaches anywhere close to 1% or more, then maybe we'll hear more stories about them deporting other internationals.

Until then, quit crying.

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It's targeting illegal aliens ... period. And when the immigration base of Arizona's non-Mexican approaches anywhere close to 1% or more, then maybe we'll hear more stories about them deporting other internationals.

Quit crying.




This law is targetting Mexicans - period. Who knew that it would be a crime in a state to be a Mexican? If you are a Mexican living in Arizona (or even passing through Arizona) you will be subjected to a policeman demanding to know your place of birth and proof that you are a citizen of this country.

You say police will only check people out suspected of crimes and only stop them. That is false. Police simply have to make lawful contact with a person.

Policeman is walking down the street, he or she sees somebody. They say hello to the person, that is lawful contact. All it takes for the police to demand proof of citizenship is for them to walk up to you and say "hello". But, they are not targetting just anybody. They are targeting people of Hispanic or Mexican descent. Arizona passed a law banning ethnic studies. Arizona declared that if you speak english with an accent, you cannot teach. Arizona went further and has neo-nazis patrolling the US-Mexico border.

Arizona is a racist, proto-fascist state what has declared war on a race of people.

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You're only in trouble if you're an illegal alien.

You're only talking to the cop if you've done something else wrong to start.

I work with several Mexicans here at work (larger Medical Device company). Both have the proper documents, and both couldn't care less about having to show them.

Kind of like when I'm down in Mexico for work, and I have to cling to my passport and temporary work documentation. If I get questioned without that paperwork, the company that I work for and myself are both royally screwed. I get my butt shipped straight back to the border, and the company gets a ~$10,000 fine (not 100% sure about that amount, but my point is it's a significant fine, even for a large company). Oh yeah, depending on the cop, I could also take a detour to a Mexican jail before getting kicked out of the country.

Nobody has anything to worry about other than illegal aliens (don't call them immigrants).

Edit: Broke my own rule.

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You're only in trouble if you're an illegal immigrant.

You're only talking to the cop if you've done something else wrong to start.

I work with several Mexicans here at work (larger Medical Device company). Both have the proper documents, and both couldn't care less about having to show them.

Kind of like when I'm down in Mexico for work, and I have to cling to my passport and temporary work documentation. If I get questioned without that paperwork, the company that I work for and myself are both royally screwed. I get my butt shipped straight back to the border, and the company gets a ~$10,000 fine (not 100% sure about that amount, but my point is it's a significant fine, even for a large company). Oh yeah, depending on the cop, I could also take a detour to a Mexican jail before getting kicked out of the country.

Nobody has anything to worry about other than illegal aliens (don't call them immigrants).




But what happens if you don't have your papers with you.

To the police, you are an illegal immigrant and subject to deportation.

Immigrants are immigrants. If they are not immigrants, they are migrant workers.

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Legend
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Legend
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I'm starting to wonder if YOU are here legally.

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Legend
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Next time I get pulled over while driving (knock on wood) I should throw a hissy-fit when I get asked to produce proof of insurance and a drivers license.


"I'll take your word at face value. I have never met you but I assume you have a face..lol"

-Ballpeen
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Quote:

Kind of like when I'm down in Mexico for work, and I have to cling to my passport and temporary work documentation. If I get questioned without that paperwork, the company that I work for and myself are both royally screwed. I get my butt shipped straight back to the border, and the company gets a ~$10,000 fine (not 100% sure about that amount, but my point is it's a significant fine, even for a large company).




Yep ... this is how it is in EVERY country. yet, if the US does it, then we're racist xenophobes.

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Legend
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Wrong.

The same thing would happen to them as what happened to me when I got pulled over and didn't have my insurance card in my car. I got "charged" with driving without insurance, but then got all that taken away when I showed up at the courthouse with my insurance card and further proof that I had insurance at the time of citation.

It's a hassle, but only because I didn't have the proper documentation with me.


"I'll take your word at face value. I have never met you but I assume you have a face..lol"

-Ballpeen
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Quote:

Next time I get pulled over while driving (knock on wood) I should throw a hissy-fit when I get asked to produce proof of insurance and a drivers license.




No, that is different. You are being asked to identify yourself as proof that you are the owner of the vehicle and that you have insurance.

Also, if you want to talk about illegal "immigrants". You really should change the name of immigrant to what you really mean. You aren't talking about illegal Russian immigrants. You aren't talking about illegal Canadian immigrants. You are not talking about illegal Chinese immigrants. You are talking about illegal Mexican immigrants.

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