I recently read the new immigration law in Arizona, SB1070. This is what I found:
It allows racial profiling by police, which in itself, is against federal law.
It allows a street cop to detain a man/woman of color for making a "nod or gesture" to a passerby, and possibly arrest them. They may be looking for employment, or just saying hello.
A person picking up a man/woman of color who cannot show proof of citizenship, can be arrested, their car impounded, fined, and lose their license. They may be looking for cheap "illegal" labor, or just giving someone a ride.
An employer can be entrapped by law enforcement who "provide the employer with an opportunity to commit the violation" of hiring an immigrant, or maybe is just cutting another human being a break, and giving them a job.
And, the officers are not responsible for the legal costs that are incurred. They are "indemnified" by this law. Which means we, the taxpayer, pick up the bill when they screw up (and they will), and there are no legal, or financial consequences to them.
An officer can "arrest" a person of color for probable cause. The presumption of a crime!
Notice I used "person of color" and not Hispanics, or Latinos. Because anyone that even looks Hispanic can be detained, asked for proof of citizenship, and be arrested. I am a white man of German/Irish descent, and have been told I look Italian, Greek, and even Hispanic when I have a little tan, and my beard is grown in full. Hopefully my last name would save me from arrest. Imagine what excuse a police officer can make for pulling over a light skinned black woman, Arab, Italian, or Greek who has married a Hispanic man, and has the last name of Reyes, or Ruiz! He can legally arrest that woman for not carrying proof of citizenship.
This law now presumes to re-prioritize the very busy jobs of federal ICE (Immigration and Customs Enforcement) agents, by telling them they must now deal with, and rule, on each individual case brought in by local law enforcement. Add to this the fact that these local law enforcement agents can be sued by an Arizona resident for limiting or restricting "the enforcement of federal immigration laws to less than the full extent permitted by federal law", and you have a recipe for legal discrimination being dealt out by common citizens against innocent Americans.
How many lawsuits can you see stemming from this piece of legislation put together in desperation, by a bunch of hacks, in a knee jerk reaction to an angry mob?
Not to mention that any person of color will not bother going to police after witnessing a crime, or being the victim of a crime themselves, out of fear of being arrested.
The good news is that most legal experts are sure it will be thrown out before it becomes law in 90 days. They say the feds control immigration laws, not the states, but some also say the law may have to be enacted, and lawsuits filed, before people really understand its absurdity, and it can be outlawed.
I know immigration is a problem, and it needs to be addressed, but this is a short-sighted quick fix that is full of holes. Jan Brewer and the legislature are not doing what is best for Arizona. They are only bowing to the loud, angry, anxious mob, in hopes of keeping their office. The citizens of this state will be the losers, whether some realize it or not, and the winners will be the lawyers and their clients.
Sunday, April 25, 2010
SB1070: Do you carry proof of citizenship with you at all times?
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