Sunday, May 23, 2010

What Arizona's Immigration Law Really Says.

The reaction from advocates for illegal immigrants to SB 1070 -- which, according to opinion polls, is supported by some 70% of Arizonans -- can only be described as incendiary and irresponsible, not to mention patently inaccurate. Los Angeles Cardinal Roger Mahony invoked images of Nazi Germany and Soviet totalitarianism. Reform Immigration for America, an umbrella coalition of pro-amnesty groups, warned ominously that "it's racial profiling, and it encapsulates the hatred we are fighting." ACORN's Bertha Lewis declared, "If this bill passes, Arizona is declaring itself an apartheid state."

SB 1070 is not a mandate for Arizona police to seek out illegal immigrants. It conforms fully with the Constitution's 4th Amendment protections against unreasonable search and seizure. Under the law, Arizona police are prohibited from racially profiling or stopping anybody merely because of appearance or ethnicity. They may inquire about immigration status only if there is justification for the stop under the Constitution -- such as investigating a possible crime -- and there is reasonable suspicion that the individual is in the U.S. illegally.

And what is reasonable suspicion? Reasonable suspicion might include the lack of any sort of valid U.S. identification documents that police officers routinely request from anyone who is lawfully stopped. The law expressly states that race, color or ethnicity does not constitute reasonable suspicion of illegal presence in the U.S. In reality, SB 1070 does nothing more than require police in Arizona to protect the citizenry and uphold responsibilities abrogated by the federal government.

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