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Originally posted by hotpinkurinalmint
reply to post by Oneolddude
To address your two points
1. Federal law trumps state law. If the federal government decides that the federal government will be the only one to enforce federal immigration laws, then the federal government law prevails. The states cannot go against the wishes of the federal government and enforce federal laws.
To give you an example, California's medical marijuana laws do violate federal law. The Supreme Court says so. Although the local police will not arrest you for medical marijuana in California, the federal police (FBI) can still prosecute you for medical marijuana in California.
2. The internment of Japanese Americans clearly violated the Constitution. Just because the US government violated the Constitution during WWII, it does not mean Arizona can violate it today.
I guess if a police officer says he has "reasonable suspicion" that someone is an illegal immigrant, then that would be considered "probable cause". Is that in compliance with the 4th amendment? I'm thinking so.
PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS
35 UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW
36 ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:
37 1. A VALID ARIZONA DRIVER LICENSE.
38 2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
39 3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL
41 4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES
42 BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT
43 ISSUED IDENTIFICATION.
Application for Ohio Driver License – Ohio Revised Code Section 4507.06 (A)(1)(a)
Application for Ohio Identification Card – Ohio Revised Code Section 4507.51 (A)(1)
Every application for a driver license, motorcycle operator’s license, endorsement, identification card or duplicate of any such license, endorsement or identification card, shall be made upon the approved form furnished by the registrar of motor vehicles and shall be signed by the applicant, and by the applicant's parent or guardian if the applicant is under age eighteen and shall contain the applicant's name, date of birth, social security number if such has been assigned, sex, general description, including height, weight, color of hair, and eyes, residence address, including county of residence, duration of residence in this state, and country of citizenship.
Initial (First-Time) Application for Vehicle Registration – Ohio Revised Code Section 4503.10 (A)(7)
Except as provided in Ohio Revised Code section 4503.10 (J) [Application for registration under the international registration plan...], applications for registration shall contain the owner’s social security number, if assigned, or, where a motor vehicle to be registered is used for hire or principally in connection with any established business, the owner’s federal taxpayer identification number. The bureau of motor vehicles shall retain in its records all social security numbers provided under this section, but the bureau shall not place social security numbers on motor vehicle certificates of registration.