Arizona H-1B Workers Advised to Carry Papers At All Times 884
dcblogs writes "In the wake of the U.S. Supreme Court ruling Monday on Arizona's immigration enforcement law, H-1B workers are being advised to keep their papers on them. About half of all H-1B visa holders are employed in tech occupations. The court struck down several parts of Arizona's law but nonetheless left in place a core provision allowing police officers to check the immigration status of people in the state at specific times. How complicated this gets may depend on the training of the police officer, his or her knowledge of work visas, and whether an H-1B worker in the state has an Arizona's driver's license. An Arizona state driver's license provides the presumption of legal residency. Nonetheless, H-1B workers could become entangled in this law and suffer delays and even detention while local police, especially those officers and departments unfamiliar with immigration documentation."
Re:Okay, but... (Score:4, Informative)
Isn't it the law already? (Score:5, Informative)
I'm pretty sure that non-citizens were required to carry "registration" papers with them before. But hey, not everything gets enforced...
http://www.law.cornell.edu/uscode/text/8/1304
(e) Personal possession of registration or receipt card; penalties
Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d) of this section. Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.
Re:this is new how? (Score:5, Informative)
If you are on a greencard you must carry that with you at all times. EAD, same thing.
A driver's license is not proof of citizenship.
You should probably also read it. (Score:5, Informative)
Re:So if I'm not from Arizona... (Score:4, Informative)
Or maybe being white non-hispanic will be a sufficient proof of my citizenship?
Apparently not: "A German manager [syracuse.com] with Mercedes-Benz is free after being arrested for not having a driver's license with him under Alabama's new law targeting illegal immigrants"
Re:this is new how? (Score:4, Informative)
Re:This reminds me of something... (Score:4, Informative)
Look at the crime rates in the border states and you'll find their crime rates are climbing like mad
You are being feed BS. There are no "crime rates climbing like mad".
"According to FBI statistics, violent crimes reported in Arizona dropped by nearly 1,500 reported incidents between 2005 and 2008." [cnn.com]
If any police or military officers are being shot, it has to do with an unwinnable drug war, not immigration, even among our citizen gang bangers as well as our non-citizen ones.
In California, medical marijuana legalization has taken much of the wind out of drug gang profits, violent crime has also dropped dramatically.
Re:License and registration please? (Score:4, Informative)
If you have a US-issued ID, you're not a "foreigner." Likewise if you have a SSN.
Re:License and registration please? (Score:4, Informative)
Re:License and registration please? (Score:5, Informative)
There's a law in the states that citizens are not required to carry identification. Thus all a foreigner has to do is state that they are a resident and there's not much an officer can do about it.
There is a big difference between "resident" and "citizen." In the United States, citizens are technically not required to carry any sort of identification, although it makes things generally easier if you do. On the other hand however, Permanent Residents AKA Green Card Holders are required by federal law to have their identification document (Green Card) on their person at all times. I believe the same goes for non-immigrant visa holders (H-1B, B-1/B-2, J-1, F-1, ...).
That being said, if you claim you are a citizen, there is not much they can do on the spot unless they look you up, but if you call their bluff, be prepared to face the consequences. Making a false statement of United States Citizenship carries stiff penalties which can include deportation and extended bans from readmission into the USA.
Re:When will we realize... (Score:2, Informative)
Since you ask, the "one correct conclusion" is first secure the border as best as can be done. If thats a wall, or troops, or whatever, just fully secure the border. After that is done the problem becomes less relevant as time passes and almost anything suggested at that point will pass.
The real problem is Regan gave illegals amnesty with the promise of securing the border, which never happened. The public will not accept anything short of securing the border first, but since the DNC has been stonewalling doing that for decades against the will of the people, you have these "debates".
So, yes, the one correct conclusion is to secure the border first, then do whatever you want.
Re:License and registration please? (Score:5, Informative)
Re:Why are states enforcing federal laws? (Score:3, Informative)
We gain cheap food. When immigrant workers harvest crops for pocket change we get cheap food.
Cheaper food. Studies consistently show that moving to an all-legal workforce would have a relatively minor effect on the price of food.
Re:License and registration please? (Score:5, Informative)
Therein lies the problem. A green card holder can demonstrate their status easily enough. The 17 year old US born child of Mexican immigrants who doesn't have a driver's license cannot.
The US Citizen might protest his status, but the officer may well detain him while they conduct an investigation. In other words US citizens could end up arrested and detained while their status is clarified.
Re:I Wonder If They'll Check White People (Score:4, Informative)
You're already required to carry a drivers license in every state in the US while you're driving. Further, in every state in the US, if you're unable or otherwise refuse to identify yourself to police, you can be detained until your identity can be confirmed. Further still, Federal law (8 USC 1304(e) 264(e)) requires all non-citizens to carry their immigration "papers" with them at all times.
Your outrage is based entirely on your ignorance of existing laws. Arizona hasn't done anything extraordinary here. They copied existing Federal law and added in extra protections to keep hassles for citizens to a minimum (Arizona drivers license being considered legal proof of residence for the purposes of this law). They did so because they wanted to do what the Federal government has failed to do: enforce immigration law.
Re:License and registration please? (Score:5, Informative)
Re:License and registration please? (Score:3, Informative)
You did.
Re:If it's the MIB, it won't be so bad ... (Score:4, Informative)
Illegal immigration is not causing higher crime. Arizona's crime rates are down since immigration increased - in line with the rest of the country:
http://articles.latimes.com/2010/may/03/nation/la-na-arizona-crime-20100503
There is some ugly stuff going on, but saying illegal immigration has increased the the crime rate is simply false.