The Hypocrisy Continues...Obama Justice Dept. Argued in Favor of Using Race As a Relevant Factor Among Others to Justify Immigration Stops

The Hypocrisy Continues...Obama Justice Dept. Argued in Favor of Using Race As a Relevant Factor Among Others to Justify Immigration Stops Scotty Starnes | August 24, 2010 at 3:51 PM | Tags: Barack Obama, border security, Department of Justice, Eric Holder, Illegal immigration, Obama, President Obama, racial profiling | Categories: Uncategorized | URL: http://wp.me/pvnFC-2nv

I'm going to act like a liberal. This is blatant racism. The Obama administration is using racism to justify immigration stops. Raaaacists!!!

CNS News reports:

In at least three court cases, President Obama's Justice Department has argued in favor of federal law enforcement officers using race as a factor in determining whether to stop someone for a suspected immigration violation.

It has done so despite the fact that the Justice Department and the Department of Homeland Security (DHS) report that they do not engage in "racial profiling."

The Justice Department's legal arguments in defense of federal law enforcement officers using race as one factor among others in making immigration stops are based on the 1975 Supreme Court decision, U.S. v. Brignoni-Ponce. In that case, the court held 9-0 that an officer making an immigration stop must be able to cite "specific articulable facts" that "reasonably warrant suspicion" that illegal aliens are present.
 
"Except at the border and its functional equivalents, officers on roving patrol may stop vehicles only if they are aware of specific articulable facts, together with rational inferences from those facts, that reasonably warrant suspicion that the vehicles contain aliens who may be illegally in the country," the court ruled in Brignoni-Ponce.
 
The Court said law enforcement officers could not stop a car merely because the occupants appeared to be of Mexican descent, but that they could consider such an appearance as one factor in making a determination that there was "reasonable suspicion" that illegal aliens were present.
 
"Even if they saw enough to think that the occupants were of Mexican descent, this factor alone would justify neither a reasonable belief that they were aliens, nor a reasonable belief that the car concealed other aliens who were illegally in the country," the Supreme Court ruled. "Large numbers of native born and naturalized citizens have the physical characteristics identified with Mexican ancestry, and, even in the border area, a relatively small proportion of them are aliens. The likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor, but, standing alone, it does not justify stopping all Mexican-Americans to ask if they are aliens."

Continue reading about the Obama's DOJ  use of racial profiling.

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