B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
That is the much maligned section of the new Arizona Immigration Law that has spawned a series of protests and boycotts. Here is the amended section later signed by Gov. Brewer:
B. FOR ANY LAWFUL STOP, DETENTION OR ARREST MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE [....] WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN AND IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON'S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:
1. A VALID ARIZONA DRIVER LICENSE.
2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL IDENTIFICATION.
On the surface it would seem that there would be no problem with this law as amended; they specifically outline that an enforcement officer cannot use race as the basis for reasonable suspicion. But if you dig deeper (and honestly, you don't have to dig too much deeper) you can see that the Arizona Legislature just opened up a new can of worms for law enforcement officers.
The problem with the initial law was that it did not give any outlines to law enforcement officers to judge what constitutes reasonable suspicion. The amended law still does not provide that but instead gives them a limit on what the can say is reasonable suspicion. What this means to law enforcement officers is simple: there will be several lawsuits that will challenge the department on the basis of racial profiling costing the county thousands of dollars if not more despite the fact that they may or may not be profiling.
Now, it would seem that Conservatives would be outraged over the possibility of taxpayer money being thrown down the drain in frivolous lawsuits but that is not the case: they support the bill and it was passed by a Republican Legislature and Governor. Having that set aside, the real injustice comes at the expense of the people (particularly Hispanics) of Arizona. That one, very brief section of the law is all that that is said about reasonable suspicion. What constitutes reasonable suspicion? How do you look or observe someone and say they are an illegal alien? This law is severely racially motivated. You ask someone what is reasonable suspicion and they will give you roundabout answers such as the way they dress. What about illegal immigrants from Russia or the UK or China? The law is aimed at poorer Mexicans (and sadly, anyone who "looks" Mexican) because according to some, including John McCain want to insinuate that anyone coming across the border from Mexico are coming to rape, steal, sell drugs, and murder. That is a dangerous line to walk as it is damn near racial hate instigation.
This law reminds me of a story my great Uncle told me. Back when he was in his 20's and working here in Florida, he could not enter a white neighborhood that he needed to pass through to get the work without being stopped and questioned. Had he been white, would that have happened? Absolutely not. Does that mean that someone white is incapable of committing a crime? Absolutely not. My point is that the law is meant to get rid of the people who are causing Arizona harm which, as John McCain's ad insinuates, is people from Mexico. We cannot return to a dark part of American history where we start to segregate people based on their race as this law does indirectly.
Recent polls suggest that the majority of Americans are fine with the law but that is because it will not affect them. They will not be asked to present proof that they should be here because they don't fit the bill of reasonable suspicion ie they aren't Mexican looking. If we put in place a law that said lets round up and question anyone, with reasonable suspicion of course, who looks likely to scam you with a Wall Street scheme, how would middle aged white men feel?
One area that I would like to commend Arizona on is it's crackdown on the employment of illegal immigrants. I fully support having immigrants go through the proper channels to become citizens, don't get me wrong, but this law is not the way to go; it will lead to more tensions between races and less civil liberties.
