I actually read the Arizona immigration bill
Here it is… all 17 pages of it.
Synopsis: Arizona has passed a law that explicitly requires local law enforcement to attempt to enforce federal immigration laws. The law explicitly restricts “race, color, or natural origin” as a sole determinant for “reasonable suspicion” (no profiling). Open-border groups whose cause is hurt by this law have managed to convince otherwise reasonable people, who don’t want to see illegal aliens prosecuted if they are law-abiding, that Arizona has passed a racist law meant to target Latinos and Hispanics. This charge is 100% false, and these groups have zero proof to backup their claim. The political backlash to this law is what is unreasonable, not the law.
The first three pages of this bill contain 2 important things: the “reasonable suspicion” verbiage that has rocked the political world and numerous references to enforcing federal immigration laws.
Section 2 Article 8:
B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
This is what people claim has made them angry… what they claim will cause racial profiling. In response to this bill, the LA city council voted for a boycott of Arizona. This is the same Los Angeles that is located in California, where Section 834b of the CA penal code doesn’t even require “reasonable” suspicion: just suspicion.
Every law enforcement agency 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… 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.
For weeks now, you’ve been hearing about Arizona profiling brown people, starting their own little Nazi Germany. All along, California had essentially the same law.
So are both CA and AZ racially profiling Latinos and Hispanics with this verbiage? Since the law prohibits profiling based on race, to assume profiling will occur assumes a breach of conduct by police, independent of the law.
Page 4 talks about enforcement of the law only being allowed for a “law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.” Another reference to the federal law.
Page 5 again mentions the term “reasonable suspicion” in regards to traffic stops for suspicion of human smuggling.
E. A peace officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any civil traffic law and THIS SECTION (smuggling classifications, definitions).
Turns out this type of verbiage is the rule, not the exception, of border state smuggling laws. In other words, SB1070 doesn’t really change anything in regards to human smuggling laws.
Page 6 makes it illegal to pick up day workers if your vehicle impedes traffic. So you can still pick up illegal alien workers, which is a crime, as long as you don’t impede traffic. I suspect the real effect of this section will be that a certain percentage of illegal aliens will be arrested due to their lack of awareness of this law, but most will simply avoid “impeding traffic.”
Page 7 talks about it being illegal to employ an illegal alien (nothing new). I would note that this section of the bill also states:
Section 6&7 23-12 B: The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin.
Profiling based on race, color, or national origin is explicitly FORBIDDEN. Any opinion that assumes this law makes profiling legal or will increase illegal profiling is simply projecting unfounded racism upon Arizona cops. The law does not allow it.
Furthermore this section goes on to state:
A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien’s immigration status or work authorization status shall be verified with the federal government pursuant to 8 United States Code section 1373(c).
In other words, in contrast to what LA Councilman Ed Reyes has claimed, you cannot be deported by an Arizona police officer who is “having a bad day” if you don’t have your passport. Arizona police may use their “reasonable suspicion” to turn you over to the Federal government, and only they can deport you. Arizona officials are not allowed to make a final determination of someone’s immigration status.
Reyes and other opponents of this bill would have you believe the Arizona police department is going to deport you if you don’t have papers. This is absolutely false.
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
In other words, the Arizona police will turn people without papers over to the Feds. That’s it.
The rest of the bill talks about other legalities of illegal employment and impounding of cars with no mention of anything related to reasonable suspicion or checking immigration status.
The fact is reasonable liberals have overreacted to a reasonable bill that unreasonable open-border proponents oppose for various reasons, including the belief that south-west America belongs to Mexico. The fact of the matter is no civilized country in the world has an open-borders policy, and the United States has one of the most lenient policies in the world. Not only are our laws benign in comparison to some of our neighbors and allies (particularly Mexico) but we generally don’t enforce them, and some jurisdictions go out of their way to encourage law-breaking by calling themselves “sanctuary” cities and expressly prohibiting local law enforcement from cooperating with federal immigration officials.
You’ve been lied to about the reality of this Arizona law. I don’t blame you, as there are hundreds of faces on television beating the same incorrect drum, and most people do not have the time or inclination to research it as I do. My advice: if something sounds ridiculous, it probably is. Look it up before you make a judgment.