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What does Arizona's illegal immigration law actually do?

Mexico US border Fence near Ttijuana

Here are some of the new law's main provisions signed by Arizona Republican Gov. Jan Brewer Friday. It takes effect mid-summer.

Makes it a crime under state law to be in the country illegally by specifically requiring immigrants to have proof of their immigration status. Violations are a misdemeanor punishable by up to six months in jail and a fine of up to $2,500. Repeat offenses would be a felony.

Requires police officers to "make a reasonable attempt" to determine the immigration status of a person if there is a "reasonable suspicion" that he or she is an illegal immigrant. Race, color or national origin may not be the only things considered in implementation. Exceptions can be made if the attempt would hinder an investigation.

Allow lawsuits against local or state government agencies that have policies that hinder enforcement of immigration laws. Would impose daily civil fines of $1,000-$5,000. There is pending follow-up legislation to halve the minimum to $500.

Targets hiring of illegal immigrants as day laborers by prohibiting people from stopping a vehicle on a road to offer employment and by prohibiting a person from getting into a stopped vehicle on a street to be hired for work if it impedes traffic.    

Related item:

Arizona Gov. Jan Brewer explains her signing of nation's toughest illegal immigrant law (Full text)

Arizona Gov. Jan Brewer signs controversial law in state melting pot

-- Associated Press

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Photo: David McNew / Getty Images (Border fence near Tijuana).

Comments () | Archives (61)

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Being an Arizona resident, I thank you for the synopsis on the bills modification of the existing legislation. Hopefully this will help those living elsewhere to understand what is really going on here since they are not going to hear it from the MMS. This new legislation would not have been necessary if the Federal Government fullfilled it's Constitutional obligations to secure our borders over the past several decades.

Congratulation to Arizonians in having a Governor with the guts to sign this bill into law. We need the same law in Texas!

thanks for standing up to this growing menace to our safety. Obam needs to get the drift

Get it straight! Arizona has no Constitutional RIGHT OR AUTHORITY to legislate Immigration. This bogus law won't do anything because it will get overturned before it gets off the ground!

May I see your papers?

It appears that the new Arizona law is made in the image of federal immigration law. Nothing wrong as long as it is applied to everyone. All laws have the potential for abuse. The law does NOT grant police to conduct neighborhood sweeps. Governor Brewer has cautioned policing agencies to use good judgment in applying this new law.

Thank God for Jan Brewer, Finally someone with courage to stand against greatest security threat to America since (Federal Reserves-Funny Money) Illegal Immigration stains Our-WATER, FOOD, HEALTH CARE,WELFARE(see California), DRUG ENFORCEMENT, not enough street corners left for drug dealers. 40 Million Illegals are costing the US high inflation, Drug filled schools, and annually $100 billion in Welfare and FAILED drug enforcement. If you support Illegals then you must benefit by 1. Drug Trade(see Phoenix Mayor), 2. Stuffed Ballot Boxes(see Acorn and obama), OR 3. America's Destruction(see obama.) STOP 100 YEARS OF ILLEGAL IMMIGRATION NOW!!!!

Put the (FEMA) Federal Emergency Management Agency 600 DEATH CAMPS built by last Administration Criminals, to GOOD USE, fill them up with 40 million ILLEGALS, Process them, and then forced march them back to MEXICO at Gun Point-many US presidents did this to the NATIVE AMERICANS, it is good enough for Drug Trafficers- that have already cost American youths 20 million destroyed lives! If you support Illegals you should be arrested too for OBSTRUCTION OF JUSTICE(see Phoenix Mayor, obma)!!

There are many better ways than this to deal with illegal immigration that don't involve randomly stopping people on the streets based on "reasonable suspicion. Who will define what "reasonable suspicion" really is? This will lead to exactly what happened to Africans, Hindus, and Muslims in S. Africa in the late 19th century who had to carry ID cards just to walk the streets, what happened to Jews in Nazi Germany who were picked up on "reasonable suspicion", and African Americans in the 1800's who were suspected of being runaways after passage of the Fugitive Slave Act. This is NOT the direction that the U.S. should be going and if it does, we should all be afraid if we are not white, affluent, and don't speak perfect English.

"Race, color or national origin may not be the only things considered in implementation". If this is not racial profiling, could someone please explain to me what it is? And could someone please explain to me why should I, as a immigrant resident and educator, should not feel targeted by such notion?

What's next, if traveling through Arizona will I be required to wear an armband with my residency status printed on it?


I should ask my Native American friends then to send you back if you cannot provide them with proof of your family's "legal" entry to this country. Don't worry, most intelligent people are not as crude or angry as to want to parade people at gun-point. I'm sure your trip will be dignified.

We cannot justify this kind of knee-jerk reactionary law that just happens to violate our American principals of fairness, not to mention the Constitution of the United States. It was the federal governments responsibility to provide a legal means for immigrants to fill the jobs we needed filled. Instead we allowed those jobs to be filled through the only means available, illegally. We had no reason to stop those jobs for being filled through a legal means and we have to reason to exclude them now, AS LONG AS THEY CAN MEET OUR SCREENING STANDARDS REGARDING CRIMINAL BACKGROUNDS and HEALTH status. That's what should have happened in the first place and what needs to happen now. But no, some want to place the blame and responsibility on those who are most victimized by our inaction. The OUTLAWS that passed this law want to engage in a Federal Felony by PROFILING and to undermine the Constitution by usurping powers exclusive to the Federal Government. It's insane to engage in UNCONSTITUTIONAL action as a solution to a "CIVIL VIOLATION" What is needed is to correct our error of exclusion by simply providing a legal option, IMMIGRATION REFORM that provides a Pathway to Citizenship. That's the fair and equitable means that resolves this issue and serves our best interests in the long term. Illegal Immigration is the fault of the same interests that now support this law because they stood in the way of a legal option every step of the way.

re: Santana. People are being raped, murdered, and robbed by drug cartels on a daily basis. Do you have no sympathy for the fact that crime is rampant and this bill is trying to curtail that? Do you think police officers and legal residents should die because you are upset about being stopped and asked for ID? Are you that selfish?

JNCY: OMG do you really think that your rationalization is sane?

Get a grip the focus is not on criminal activity because nobody disagrees with the removal of violent criminals. This law is geared at addressing a "CIVIL VIOLATION" (Illegal Presence which is not a crime) through a much more egregious criminal means that violates our Constitution, Civil Rights and the RULE OF LAW. It senseless, draconian and unjustifiable!

In the long run Arizona will have less illegals, crime, gangs and graffiti! Not a bad place to live!!!!

During 1831 through 1835, before the United States illegally annexed Tejas from Mexico, many Americans, including Davy Crockett and Sam Houston, crossed the U.S./Mexican border illegally. These illegal squatters violated several immigration laws of Mexico by refusing to convert to Catholicism and become Mexican citizens. They also vehemently refused to speak Spanish and assimilate to the Mexican culture. These squatters were definitely not law abiding citizens but rather criminals. Thus, it is contradictory today for politicians, tea party members, and average Americans to use the argument that the United States is a country of laws when in fact it is them that continue to violate laws including those of other countries. If criminals like Davy Crockett and Sam Houston are considered American heroes then there should be nothing more American than to encourage Mexicanos to simulate their acts…Down with SB1070.

We needed this a whole lot. Thank you.

Since drugs are a multi million dollar "industry" in this country, there will alway be one willing to risk crossing the border to make some money, and they wont stay here -they have to go back to bring MORE drugs to satisfy Americas insatiable demand-so, not having illegal aliens working in Arizona doesnt really mean less crime, a panel told congress that the drug smugglers commit crimes on the way BACK to Mexico, If you really want less crime at the border, STOP USING DOPE, if those criminals have nothing to sell, they wont come and risk being shot by a minuteman in the Arizona desert.

To all of my Mexicans friends out there who don't like the new bill that was signed into law here in Arizona. Get a life my friends, it's not hordes of Chinese crossing the border by the thousands, nor is it hordes of Arabs, or anyother ,other then those who would cross over our border or under it, which ever they think they can gey away with the easiest, it is for the most part Mexicans, plain and simple. And no, you don't have any rights in this country if you came here breaking the law in the process. Just what the hell do you think the Mexican Govt. does to people they manage to catch sneaking in over their borders, jail, no questions asked, and ever wonder why you have no civil rights in your birth country? And you come here demanding yours here? And you don't even belong here? If you have done any of these things all I can say is you have a hell of a lot of nerve and not much else.

Mr. Deleano...maybe you dont have the experience,but it happens with some frequency here in LA, and Im sure happens a LOT in Arizona, the police will stop you for no apparent reason other than the way you look. When I was a student in ELAC I was stopped in my way home, the policeman expressed his surprise -sarcastically- at the fact that I spoke english, made me open the trunk of my car and found it funny that I had some books and not beer or drugs hiding, so you see, is not about illegal aliens and whatever rights they seek, is about racial profiling,plain and simple. Blacks americans "joke" about being stopped by the police for DWB (driving while black), in Arizona is DWB (driving while brown). Im sure it wont surprise you to know that American citizens have been deported to Mexico, and believe me, they werent white Americans, they were BROWN Americans, hence; the "mistake". Also there is some litigation against Sheriff Arpaio for harassing -roughly- American citizens without any cause, do you think those harassed citizens were white ?. Mr Deleano is not about giving illegal aliens rights, is about upholding the right of American Citizens who are not white.

If they think that Health Care was one Hell of battle, you wait until renegade politicians try to drive through a blanket Amnesty? Sending billions of dollars out the country for family members, then "Chains of other family members" turning up, sponsored--then dropped and YOU will pay. Bring in the sick, handicapped--others with contagious diseases, whose health treatments YOU will pay for. Sharing your Social Security and retirement pensions--AND THEY WILL STILL TURN UP AT OUR WIDE OPEN BORDER BY THE MILLIONS. Are our politicians intentionally out to wreck this country? Don't just think how many who are here already--family unification could and will escalate our population by another Hundred Million--just ask the US Census bureau?

Phoenix--where law abiding citizens are afraid to go out at night, home invasion robberies, multiple kidnapping, murder and sexual and violent assaults on every gender and children too are a daily occurrence. California--the Sanctuary State--for illegal alien’s welfare and protection is not any better in its constant battle against illegal immigrant crime. Hit and runs are a never ending activity by foreign nation getting intoxicated, leaving a trail of blood around this nation. Many prosecutors have their hands tied, or hide the truth as they have been intimidated by mayors like Villaraigosa and Newsom. YEARS OF INDIFFERENT ADMINISTRATIONS ARE ENTIRELY TO BLAME. WE WILL FIGHT PRESIDENT OBAMA'S AMNESTY THAT GIVES A FREE PASS TO CITIZENSHIP OF ANY PERSON WHO VIOLATED OUR LAWS OF SOVEREIGNTY. WE WILL NEVER, EVER ALLOW THIS TO BE SIGNED INTO LAW. Learn the outrageous facts of passing AMNESTY, that our taxes will pay for at NumbersUSA

this is national profiling. see, there's u.s. citizens and then there's citizens of guatemala, mexico, honduras, chile, argentina, etc. i could say some, but it's more, foreign nationals feel they are exceptional, in that certain u.s. laws don't apply to them - they think. my belief is that u.s. companies and even corporations favor cheap labor and have lobbied congress to tread lightly on illegal immigration. also, come election time, elected officials don't like alienating voters - possible relatives of illegal immigrants. but, excluding foreign nationals who ignore immigration laws isn't racial - no matter how much more dramatic racial profiling sounds. it's still national profiling.

I'm Mexican-American racial profile me, I really don't care, just stop all the garbage that's coming from over the border!!!!!

"Requires police officers to "make a reasonable attempt" to determine the immigration status of a person if there is a "reasonable suspicion" that he or she is an illegal immigrant.: -- Perhaps someone could define "reasonable attempt" and "reasonable suspicion"? Those two phrases are extremely vague.

E Santana,
Yes I can tell you what racial profiling is. It is when you take the clause you quoted and you remove the word "NOT". See, that is what the word "NOT" means. You take the description of the thing you don't want the police to do and your say "You shall NOT do the thing we don't want you to do" Which is why the new law is "NOT" racial profiling.

Mexico's stand on illegal immigration is zero tolerance!!!!!
Did someone say hypocrite?

What the law does is to NOT tranform AZ into the same Mexican sewer CA in turning into, which i see is a VERY good think, bring this law to CA please.

I applaud the Governor of Arizona to finally stood up and protect her state and it's citizens from a decade of problems they have faced. The Federal government didn't do squat to help the state, past Presidents didn't do squat to help the states and certainly past Arizona governors didn't do squat to help the state. However, it had to take a woman to finally protect the state and her (legal) citizens.

Good for Arizona

These illegals should once and for all obey the law- but how can they when they shouldn't be here in the first place.

I came from China 20 yrs ago as a tourist and overstayed. My visa expired and I had to go through the amnesty but I didn't have 20 kids on welfare, bring drugs in or abuse the system. I am educated and I KNEW HOW TO SPEAK IN ENGLISH!!!

Dont sneak in here illegaly and trash this country!

Mexico should step up sending illegal drugs into Arizona. Then Arizona could pass a law allowing cops to stop any suspicious looking drug and make it show its papers. That would solve the drug problem at once. Think how smart a law like that would be.

I love the Law, Mexico has zero tolerance on illegal immigration! Obama and Eric Holder did nothing to stop crime crossing over the border, so the Arizona Governor has to make up for Obama's weakness as President!!!

just a little comment to all you crazy redneck quacks...have you forgotten that you the white man floated over on your little boat, the mayflower, where was your immigration office back then...none how nice, that all the nice little lilly white illegal immigrants did not need papers, you people sure didn't raise a stink either when you needed some african to plow your plantations, no you turned and looked the other way when illegal human trafficking was occuring and when illegal sales of illegal immigrants were taking place you were okay then, you folks wake want papers lets start with the pilgrims who came here and took these lands from the real americans...yeah the american you like those apples

Well being a slow reader, it took me twenty minutes to read the entire thing, every word. I may have dozed off a few times during that read, but I did it! That's one thing I have up on the Prezidunt, Attorney General and that sorry ass of a homoland security Napolitano . And holy cow I'm only a high school gradgeeate! I can't believe these morons don't have twenty minutes on their hands to read something so simple. But what can you expect of a bunch of libtards. And we, brainless twits , elect these mental midgets into office, unbelieveable. Just goes to show ya, we the people of the United States, are actually just as stupid as the polititians say and think we are! But back to the bill, where in it does say that law inforcement will "profile" ? Did I miss something? Bottom line, if I were running this country, there would be a sweep of every state and all of the illegals would be put on a boat and dumped at sea beyond the 200 mile limit! Get the hell out of my country and stay out! I'm getting tired of paying your lazy welfare ass!

This law sounds reasonable to me. I am from australia and we dont have borders with another country like you do. I see that it makes sense for illegal immigrants to be illegal under state law. Without these laws, it will only be illegal under international law, which quite frankly doesnt care about individual state sovereignty.

So, where are the provisions that secure the border and stop illegal immigration? Isn't that what every supporter of AZ SB1070 has been trumpeting? I've read the full text of the law and find not one part of it that actually does what Russell Pearce and Jan Brewer say it will do regarding stemming the flow of immigrants and securing the border. And speaking of securing the border -- I read constantly that the National Guard should be deployed to the border -- so, in this time of economic disaster, we're going to take National Guardsmen from their real jobs and send them to walk around the desert. Really.

Thank you arizona For standing up and helping our country.

Okay lets get things straight. We might be "immigrants" or "illegal" but who are you to be talking when you were illegal as well, so why are you opening your mouth telling us that we need to leave and get a life when you should be the one getting a life. we do more than you could ever do, we work field, highly doubt you would ever do that in your life. we were here before you and the boats, before Christopher Columbus was here, so who are you to talk. I think its unjustice to us because we are working so hard to have a better life, isnt everyone else to? i mean yeah i agree if there are gangs and things like that, send them back but to tell the truth america isnt doing their job of doing that, they take all the inoccent people out there who are looking for THEIR kids to have a better life without being discrimanted against their race. what makes you so much powerful than us. is it your race or skin color. arent we all the same? sometimes i wish you could step into our shoes, you wouldnt like it if we told you to get out of america for once being "illegal" because mexico claimed Arizona, New Mexico and California before your ancestors even vacm. im pretty much sure everyone is older than me but i think i have more common sense about it

I wonder if people realize that it is already federal law that aliens need to have their paperwork. I am guessing not. That being the case since so many people are calling it racist, are they going to protest the federal law next? I am guessing not. I have no problem with people having opinions as to what they want. If someone says the border should be taken down and people should be allowed to go back and forth at will, that is fine to have that opinion, but please don't pretend to call the Arizona law racist, but ignore that it is already federal law. There was a truck driver detained for hours and was asked for his paperwork. This was done by the federal government, but the television news, nor has any fellow hispanics picketed or protested this on the news. I am just really confused as to why Arizona's law is called racist and getting such a reaction, but the federal law is getting not even a peep. How many nations on this planet require people from other places to have paperwork? I am guessing 90%, but it is probably 99%. An employee of mine told me about how badly she was treated by Mexico when she tried to cross the border. She was pregnant and thrown in jail and abused. She said this is normally done in Mexico. She told me Mexico treats it's illegal border crossing aliens far worse than here in the USA. She was coming from El Salvador. You would think Mexico would treat its fellow Spanish speaking neighbors with a little more respect. The police are already empowered with the ability to ask these questions that everyone is worried about. Someone else posed the question, how do they determine "reasonable suspicion"? The police have had to exercise "reasonable suspicion" for every other law for 100 years or maybe only 99 years. In a state with 1/3 of it's population being hispanic, I doubt the police are even going to think about questioning people based on color of skin. Common sense tells me that they will be able to better fight drugs and gun traffic coming from the border. The USA consumes tons of drugs from Mexico and sends tons of weapons to Mexico. The USA and Mexico will benefit from better control of the border. I wonder if people realize Phoenix is the kidnap capitol of the USA and Arizona has the most illegal border crossings in the USA. For a state with a pop 1/6 the population of California one can only imagine how overburdened they are dealing with all this traffic. Nobody in California can sit in judgment of Arizona.

The positive part of this law is that it does try to deal with some of the demand for immigrant labor.

Posted by: Imnoju,

Do you regularly have problems with reading comprehension? The Arizona law is NOT an immigration law. It is an enforcement law. You must be a product of the Los Angeles school system.

California Penal Code 834b:

(a) Every law enforcement agency in California shall fully
cooperate with the United States Immigration and Naturalization
Service regarding any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws.
(b) With respect to any such person who is arrested, and suspected
of being present in the United States in violation of federal
immigration laws, every law enforcement agency shall do the
(1) Attempt to verify the legal status of such person as a citizen
of the United States, an alien lawfully admitted as a permanent
resident, an alien lawfully admitted for a temporary period of time
or as an alien who is present in the United States in violation of
immigration laws. The verification process may include, but shall not
be limited to, questioning the person regarding his or her date and
place of birth, and entry into the United States, and demanding
documentation to indicate his or her legal status.

What makes this issue so volatile? The answer is simple...ignorance and emotion. So many "feel good" Americans want to support their position either for keeping the road of illegal immigration wide open, or for deportation of those who have come here illegaly but now have families in the U.S. The answer is not simple although what is clear is that the majority of the American people want this issue addressed and resolved once for all. Those critics who throw stones at Jan Brewer ought to think twice about their position. She is taking the road less travelled and addressing the issue because of the federal government's (both Obama's and previous administrations) inability to act. People, get off your high horses and remember that we are the government, not those few in power who choose to turn a blind eye to the issues that confront us daily.

What many have failed to do in the case of the Arizona AB1070 bill is to READ THE LAW...AND... read the FEDERAL LAW! compare the two. You will find that the Federal law provides much broader powers to law enforcement than the AZ law, and much more severe penalties.

It is clear that politicians in Washington D.C. CHOOSE not to address the presence of people in this country who have come here illegally. The REAL questions that need to be asked are; 'WHY do the condone this activity?' and 'WHY are they not enforcing the CURRENT laws that the PEOPLE have enacted through due process as acts of Congress?'

We are a nation of laws. When the established authority chooses, through political fiat, which laws to enforce and which to ignore, we loose the foundation of our society.

Listening to lefticles bleat is most delightful. I just ordered $500 worth of stuff from an AZ gun store. You keep bleating, I'll keep buying.

President Brewer has a nice ring to it.

I notice that the letter of the law never seems to matter when the unconstitutional issue is health care, education, handouts to other countries or support of the worthless dregs of society. Try to stop crime, however, and you're a "racist." Even if the criminals in question are the same race as you.

okay listen here i am only 14 years old okay....and i clearly am not afraid to show my name unlike some of you. well the way i see it not just because i am a Hispanic american, is all of you who want immigrants out are STUPID!!!!why? well heres something to think about...........

most of the workers here that work in plantation or in factories or in any other job that most "Americans" are "to good" to work at are immigrants. and think of it if they leave then that means all the lazy Americans who are being supported by the government money which so happens to be our taxes will have to get up off their lazy butts and actually work..
oh and for all of you that think immigrants don't have to pay their fair share of taxes well think of it this way..... the people who pay the immigrants have to report there taxes and that gets taken off of the workers pay check do you get it its just like us paying taxes, plus when they go to stores to spend there money they pay taxes or anywhere as a matter of fact

oh and also think of this i am 14 and i have the courage to leave my name and speak my mind unlike some people who are scared of being judged or even think they will be thought of differently. But i am Mexican but i was born here so that makes me a citizen like it or not, my family is legal but they had to go through a ton of stuff just to get to were they are now. oh and on top of everything i just happen to be one of the top students in my grade and i have amazing grades so don't think that i am a stupid girl who just wants attention cause really i could care less all i want is for all of you who read this to see my point of view on this subject. i shouldn't be ignored just because of my age or because of my race and where i come from. Plus if i didnt feel this strong about a topic then i would be wasting my time texting or being on myspace or even facebook but i am not now am i???? Just think of all the other kids or teens or what ever you want to call us just to speak out......well i may be the first but its a step in the right direction.

PS:fell free to leave me your comments :)

Sheriff Joe is a steppimg stone in the largest drug cartel in America. He worked for the CIA and the DEA in Columbia and Panama. He doesn't have any cartel contacts in Columbia or Panama.
He is the sheriff in the largest metro area in a straight line to the largest drug market in the world California. Marijuaana is illegal in Arizona. Sheriff Joe is not tipped off which trucks headed north are carrying a load of pot. He cannot legally steal the load of pot. He cannot load the unstolen pot into trucks marked Sheriff Joe and cross the border unchecked into California where pot is legal. How inconvienent. He has not made a deal with Sperocycle(sp)on the Gila Indian reservation to burn only a token amount of pot and forward the remainder to a specified drop near Dateland AZ.
Joe has not made arrangements with a bank in the Cayman Islands to manage the money and direct deposit it into cartel accounts around the world. Sheriff Joe will not set up a friend to be next sheriff and continue to run Maricopa County after retiring.

Posted by: Yeimy Pina

Go to sleep. It is past your bedtime. Children should not comment on adult issues. When you are legally able to vote, then you can voice your opinion.
You stated you are "one of the top students in my grade and i have amazing grades ". It must not be english, because your spelling, punctuation is very poor. Focus on your school homework and not adult issues.

Imnoju ,

You need to re-read the U.S. Constitution. Arizona certainly does have the authority to legislate immigration as far as its state boarders.
If you will remember there were individual states who voluntary joined a union, without individual states there would be no union and no federal government. When the Constitution was ratified It stated basically that the federal government had no special powers or authority unless it was specifically given to the federal government by the people. The states are to make their own laws and govern themselves.

kawo ,

"There are many better ways than this to deal with illegal immigration that don't involve randomly stopping people on the streets based on "reasonable suspicion. "

The law says nothing about randomly stopping people or stopping people based on reasonable suspicion. The police will conduct business as usual. A person must be stopped for a violation such as speeding, def. equipment, unlawful lane change etc. When the police officer asks the driver for his license and registration and the driver cannot produce one this is where the law comes into play. Do you see where this is going. It is no different than finding people who have a suspended license or no license, no racial profiling involved.

its all goody. im mexican i have papers. it really dnt affect me. but dnt even tripp this law wont pass!!
viva mexico & we run USA!

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About the Columnist
A veteran foreign and national correspondent, Andrew Malcolm has served on the L.A. Times Editorial Board and was a Pulitzer finalist in 2004. He is the author of 10 nonfiction books and father of four. Read more.
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