SB 1070: A Little Bit of History Repeating

April 23, 2010

Commentary

Commentary:
By Alicia Menendez

   Arizona Governor Jan Brewer is poised to sign the toughest immigration bill in the country. It is intended to terrify Arizona’s undocumented immigrants, but the consequences of Arizona Senate Bill 1070 aren’t limited to any one community. SB 1070 attacks and demeans the civil rights of every hard-working, tax-paying American citizen. And like every piece of Draconian legislation before it, SB 1070 has the potential to ignite and empower the very community it seeks to disable.

   On its face, SB 1070 is bad and impractical policy: the legislation makes it a misdemeanor for foreign nationals to lack proper immigration paperwork in Arizona. But since it’s impossible to identify a foreign national by sight, it effectively mandates that all individuals in Arizona carry papers. That’s right: you, American citizen, can’t walk your dog or buy milk from the grocery store without having papers on you that confirm your legal residence. If you take your kids to the park and forget your documentation at home, you can be held in police custody until your information is verified, even if you’re a U.S. citizen.

   The legislation directs police officers to inquire as to immigration status on a “reasonable suspicion” that a person might be undocumented. Forget that this turns local police into immigration enforcers, and that the Arizona Association of Chiefs of Police opposes the bill, contending it will likely erode already waning trust with immigrant communities. What exactly does reasonable suspicion look like? Driving the wrong car? Having the wrong haircut? Speaking to your children in Spanish? How many Latinos could be reasonably suspected of not belonging?

   The passage of this legislation will have a devastating impact on Arizona, but those realities will pale in longevity to the political consequences of Governor Brewer making it law. The House vote on SB 1070 divided along partisan lines: all 35 ayes came from Republicans, and all 21 nays came from Democrats (four Democrats did not vote). Although the frustration and anger of Arizona’s immigrant, Latino and activists communities will likely spill over to the national Democratic leadership, which is perceived as being ineffective in getting the job done on comprehensive reform, history teaches us that the real political downfall will be Republicans’, and Republicans’ alone.

   In 1994, California Republicans led a fight to pass Proposition 187, the “Save Our State initiative,” which was designed to prohibit undocumented immigrants’ access to social services, health care, and public education. Just as with SB 1070, Prop 187 smacked of xenophobic motives, and just as with SB 1070, it was introduced and promoted by Republicans, including Republican Governor Pete Wilson. And just as the Republican Party’s advocacy for Prop 187, and its galvanizing affect on the state’s Latinos (augmented – of course – with a gold-standard voter registration campaign) marked the decline of the party’s fortunes in California, passage of SB 1070, if matched with proper organizing, will define the political legacy of the Arizona Republican Party.

   In the short term, Governor Brewer signing her name to this legislation will likely help her maintain support within her party, but in the long term, she will go down in history as the executor of the Arizona Republican Party’s demise.

Alicia Menendez is a Senior Advisor at NDN, and a frequent contributor to MSNBC and Fox News. Follow her on Twitter: @AliciaMenendez. Reprinted from La Plaza Newsletter – Latinovations blog.

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40 Responses to “SB 1070: A Little Bit of History Repeating”

  1. Jimmy Mendoza Says:

    The best law passed in Arizona in 20 years. Its time Arizona started protecting its state/border, all law abiding citizens appreciate the Arizona Govenor for doing the right thing.

  2. Jimmy Mendoza Says:

    Only law breaking folks have anything to be concerned about from this over due but appropriate piece of legislation. Our legistators are finally moving in the right direction, every tax paying Arizona citizen is proud of our Governor Jan Brewer. After discussing this legislation with several Arizona citizens, and with 70% of Arizonans supporting the bill, we know it was the correct avenue for our legislators.
    The Arizona Republic will fail to publish the facts of this legislation, as usual, you will have to look else where to obtain the FACTS OF THE MATTER.

  3. Consuleo Says:

    That’s right, 70% of Arizonans support this bill. I love the terminology in this unbelievably biased article, about every person having to ‘carry papers’, which is done to invoke images of Nazi Germany. The truth is, you don’t need to ‘carry papers’, a drivers license, which most people have, will suffice. If not, just get an Arizona ID card that looks like a drivers license. Carry your green card with you, which is the law anyway, going back about 60 years. There’s no need for ‘papers.’ We’ll see just how much ‘profiling’ there is. I’m hispanic and would be more than happy to show a drivers license to any police officer that wants identification. If it will move the Federal Government to finally do something about the sieve they call a border, it’s well worth it to me. If it will clear out the 24 people living in the house across the street from my parents, I’m all for it. If it will mean that my local emergency room will open again, I’m all for it. If it means that scores at my child’s schools will go up and they’ll have funding restored to some of the programs they cut to accomodate non-english speaking students, I’m all for it. If it means that my husband who lost his job in construction to illegal labor will be able to get a job that pays a decent wage with benefits, I’m all for it. If it means I can drive down I-10 again without worrying about shootouts from coyotes, or speeding trucks with 50 illegals crammed in the back, I’m all for it. Illegal immigration is not a victimless crime. At least, according to seventy percent of the people in Arizona.

  4. Alondra Says:

    This wasn’t the right thing to do. This state was already messed up before the law, and now after this law passed, the economy is going to be lower than ever. Do you not have an idea of how screwed we are! Yes, I agree this was great for all the violence goin on, but it doesn’t mean you treat people who have been here years, and who have not done anything, unequally. Martin Luther King Jr. fought for this same unjustice, we overcame it, and now we’ve gone back to the same thing. Shame on all of you.

  5. Sonia Vivar Says:

    Since SB1070 passed, I’ve decided to spend all my time on the field, talking to my fellow Latinos. Making sure they know the implications of this new law. Even tho, I know it will be challenged, my rage is not at this racist act called SB1070. What pisses me off, is that it actually became law and the bigots that supported it’s vagueness. But then that doesn’t surprise me, history can back me up on that one.

    Our broken border is a problem, but also an opportunity, Which is why it has never been resolved. Over 5,000 immigration bills in five years have been approved and to what end?…nada, my people keep coming. If they were serious about this issue, maybe, just maybe, if they punished those that hire a hard working illegal, they’d have a slighty different outcome. But then our politicians would no longer have that ace up their sleeve, when they need a little time or a distraction. In this case it’s a power struggle.

  6. Andrew Says:

    Sonia and Alondra, You are both so right. This is not the right means to a desired end. This bill is an atrocity that should never have been passed. Shame on all of you who feel that this is a wise choice.

  7. joann Says:

    I am against anything illegal, including illegal immigrants. However, this law is unconstitutional. People are free and innocent until proven guilty. This new law will make any non-caucasian person subject to be detained JUST BECAUSE they are not caucasian, whether they are Americans, or are in the US legal or illegally. I’m sorry Arizona lawmakers, that is nothing but racism, and violates the American Constitution. Arrest, send to jail, and even deport anyone committing crimes, that’s understandable, but do not make LOOKS/RACE a crime and reason for detention, even if this is a short term detention while checking if the detainee is in the US legally or illegally. Now, on another note, those saying that immigrants are terrorits really need to learn a bit about life!

  8. Diane MIller Says:

    ( Neo Nazi AZ)nor shall any State deprive ANY PERSON of life, liberty, or property, without due process of law; nor deny to ANY PERSON within its jurisdiction the equal protection of the laws
    I spent my vacation dollars in Los Angeles and will avoid AZ on my way home. Lake Havasu would otherwise be a top side-trip to slake last winter’s cabin fever. Not this year, AZ.
    he Arizona law is an embarresment to our democracy as well as unconstitutional. I will never go there again or purchase any of there products

  9. jeffry Says:

    you americans dont know how working in the fields but if you want us out we will take the tortas with us

  10. nathan Says:

    im glad they passed it …and as an educated mexican from tucson, first born from Mexico, I FULLY SUPPORT THIS BILL!!!!

  11. Sonia Vivar Says:

    Where is MALDEF, someone please wake these fools up, it’s time to at least look busy.

    “MALDEF is at the forefront of the battle to create and perserve the right of those in search of economic opportunity and personal freedom in America”….this is what they proudly post on there website….what a crock!

    With several attorneys on staff, nice plush offices, several plush formal gatherings and ceremonies is what they do with the funding the get.

    Meanwhile as Hispanics find themselves being stripped from their dignity and rights as human beings and in some cases their rights as American citizens. MALDEF is busy chasing their tail, with frivolous lawsuits that keep us barefoot, pregnant and in the kitchen. Meanwhile over five thousand laws have been implemented without anyone representing our interest or to insure these laws are fair.

    We have to many chiefs, claiming to represent the rights of Hispanics. Opportunist who do little to reach out to the communities they represent. kinda reminds me of that elitist attitude wall street has “it’s to complicated, for you to understand”, ya right! Por eso estamos como estamos.

  12. yas Says:

    As a Legal American Cuban I’m glad this law will be passed, why can illegals do what’s legal, no one is saying you can’t come to this country, just do it the right way, this law should also pass in California where the state is bankrupt, due to support to illegals, our Emergency rooms are overflowing will illegal immigrants, women from your country cross over just to have children, and collect Medical benefits, crime comes along with it, check the Texas border town Juarez, or Rio Bravo, and to make matters worse our schools are overcrowded, and also I want to know why is it that an American can’t purchase a home in your country, but you come to this country, and demand benefits, land & justice?? If you were persecuted in your country I could understand but it is not the case, so if you want take your tortas, we will keep our Hot dogs

  13. mexicanpride Says:

    consuleo you are stupid. tell me where did your parents come from or your ancestors?!

  14. Oscar Says:

    Consuelo, you are one whitewashed bean who thinks is accepted with your white friends. Just so you know, you are alone in this world. You will never be accepted as an 100% american and if you go back to your hispanic country (which i hope you never do), people would criticize you overthere as well. Your a disgrace

  15. Bertha Rodas Says:

    Consuelo: You must go back and learn your roots!!! I’m sure you…… forgot where your family came from!!!!!! EVERYONE should be treated the same!!! No one takes the jobs from your husband!!! It upsets me that people like you with Latin descend think and feel this way about MY MEXICAN PEOPLE.

  16. Bertha Rodas Says:

    for all you ignorant people, learn your roots and then try and talk on the topic, you will never understand why this has been going on for decades and still trying to be uncovered!!! “Together We Should Stand”

  17. Rosie Martinez Says:

    All those people who say that the law should be passed on and that they’re glad it did. They will always think the same no matter what people tell them because until it happens to them and the take away the love of your life and they mistreat your kids because they are a little tanner than any white boy or girl here,then and only then will they understand the suffering a immigrant person can have. So don’t try and change their minds and just pry to God that they never suffer like that.

  18. Ricardo Says:

    I JUST HAVE TO SAY SOMETHING! RACIST PEOPLE…REMEMBER THAT YOU ARE NOT JUST BEING RACIST TO HISPANICS…WHAT IF JESUS WANTED TO GO TO ARIZONA? WILL Y’ALL SEND HIM BACH TO HEAVEN? BECAUSE HE DOESN’T LOOK WHITE..DO YOU THINK THAT BY DISCRIMINATING PEOPLE FOR THEIR SKIN COLOR, YOU WILL GO TO HEAVEN? OPEN YOUR EYES!!! DON’T BE IGNORANT…LATINOS TODOS UNIDOS JAMAS SEREMOS VENCIDOS!!!

  19. Albert Says:

    Here we go again back to the 1850′s, the time of DISCRIMINATION! Just because some people do not have papers it does not mean they’ve done a crime, yeah they crossed the border illegaly but does that make them criminals? A lot of citizens break the law why arent they taken out to another country? I’ve seen undocumented people contribute more and earn every single cent they get. So what if they take cheap labor the economy benefits and just because you have documents and do less you have the rights to deserve more? We call this the land of opportunity and we select who can succeed or not. Keep in mind we all share the same ancestry, everyone is considered an immigrant, we are all descendants of asians, indigenous tribes, spanish, and africans. We are a mixture of different bloods. Just because ur parents or ur grandparents generation was born in the US you are superior than everyone else, why only focus on last 3 generations? Its funny how many of us dont go way back to history and allow that to determine our status here in the U.S. Dont be ignorant, educate yourself.

  20. Gerald Says:

    I find it funny that so many of you see racism and only racism in this law. Sonia – “my people keep coming”, Oscar – “Consuelo, you are one whitewashed bean..”, Bertha – “Consuelo: You must go back and learn your roots!!!” I wonder if it’s you who should take a hard long look in the mirror and decide where this racism you talk about is originating from? Bertha, I know where my roots are from but guess what? It doesn’t affect how I live as a US citizen and the support of it’s laws. At what point do you stop being a Mexican citizen and start being a citizen of the US? Albert, yes if you are born in this country you have rights that others who are born elsewhere don’t have, it’s called citizenship. It’s the reason why people migrate and become a US citizen. I’m curious how you would respond to the NY bomber who had recently become a US citizen when saying we select who can succeed. If anything I think we need to be more careful in these times of who comes and goes. You say educate yourself well maybe you should start with the definitions of illegal and criminal. And I would love to know how Diane thinks detaining and sending a person back to the country they are from when entering illegally or arresting them for additional offenses in any way makes Arizona Nazi Germany or violates the 5th amendment by taking away the right of due process? If anything it makes sure of due process. And how do you consider it taking life, liberty, or property from someone who has attained it illegally? You can’t, just like you can’t sue someone for a bad drug deal, or for incompletion of any illegal contract. Knowledge is power people, please educate yourself before calling us bigots or racists or calling this unconstitutional. READ THE LAW

  21. AZTEC Says:

    This argument about know history, know your roots from the opponents of SB 1070 is a little disingenous when you realize that these people believed that Arizona, California, New Mexico, Nevada and Utah belonged to Mexico and was the mythical land called AZTLAN. Funny I always thought the land belonged to native Americans ie: Apaches, Hopi, Kumeyaa, Tohono O’odham tribes. Call it hunch but I don’t think any of those people ever heard of AZTLAN. As for SB 1070 it is exactly like federal law so I would strongly reccommend to the crtics of SB 1070 read the Immigration and Nationality Act and understand the ramifications for entering the U.S. illegally either as an EWI or a VISA OVERSTAY. You wanted to cheat your way into the U.S. well guess what now you spend the rest of your life looking over your shoulder nver knowing if you will be seperated from your loved ones. We may not catch you today or tomorrow but rest assured as long as sun rises your ticket will be punched. By the way this apples to all ILLEGALS I don’t care if you one of those Canadians, British, Filipino, Korean, Romanian, Russian, Chinese, Palestinian, Guatamalan or heaven forbid Mexican. Your days of running and hiding are numbered.

  22. Gerald Says:

    Oh and by the way to the author of this article, this is an illegal alien law, at the very least it’s an illegal immigration law, not an immigration law. This law has no bearing on or changes in any way how a person migrates to this country legally.

  23. Jose Says:

    Jimmy Mendoza how can you possibly support SB1070 when its obvious that “Mendoza” is a name that originated in Mexico which makes you mexican

  24. Linda Says:

    To all the people who support SB 1070, before we support ANYTHING, we need to know where we came from. And from the looks of it all the people writing on this board are HISPANICS, HELLO PEOPLE somebody from your family was once an illegal immigrant!! I am proud to say I am MEXICAN AMERICAN my parents were born in CA, but grandparents were from Mexico. To Yas, we as dual citizens are allowed to buy property in our own country, I have Property under my name in Mexico. To Consuelo, if your husband does not have a job that is not the fault of illegal immigrants, unless you blame them because they probably work harder and thats why the get the jobs. In CA, the system sucks but thats there fault, if they do not want illegal immigrants they shouldnt offer helping them (in the case of pregnant women coming over to have kids). So I think before we support a bill like SB1070 we should first check our heritage, trust me just cause you think your “American”, your not because 1 drop of latino blood makes you LATINO.

  25. Rudy Says:

    Azteca

    Your the biggest fool on this blog…What does Aztlan have to do with sb1070 or even your roots?
    People are taking about your roots of Mex-Amer descent. Or the article that was written

    The author of SB1070 Kris Kocach has crusaded for such bills against illegal immigrants and parents/children born of illegal immigrants to be ousted out of the US since he graduated from college. Kobach has been pictured with Neo Nazi whites and in fact are his constituency.

    The bill itself is a backwards way of dealing with the immigration problem. Thought it very much like the federal law. However that law has been lax for several decaded and for good reason, as peoples rights were being violated. This sb1070 will be no different!

    Azizona: Voted down MLK day, now they passed new legislation that not only enhances this Neo Natzi conservative annal retentive state but will give presidence to “interpretation” by law enforcement officers to stop you if you “look out of place” or “dont fit in”…just hope you have your papers on you.

    Papers please!

  26. Christopher Says:

    The author of this article doesn’t seem to understand much about SB 1070 or the effect that illegal immigration is having on this country, especially Arizona. The bill isn’t racist, doesn’t require you to carry your papers everywhere, and doesn’t allow them to ask for your papers for any reason. Further, illegal immigrants have taken over parts of arizona and turned them into war zones, they have put hospitals out of business with govt required free healthcare, they use tax benefits without paying taxes, they’re killing ranchers and farmers, and are responsible for thr most dangerous gang (ms 13) in the united states, just to name a few. Thank God for sb 1070

  27. mimi Says:

    To all you legal hispanics that are supporting this law—Wake up! It is a racist act and today you may feel protected but tomorrow they will come for us too. Dont you see—Brown is a threat to them and right now they will pick on all the illegals and then tomorrow it will be all of the legal brown folks. Do you seriously think you an your families will be okay and not harrassed? This has nothing to do with being Illegal, It has everything to do with hate for hispanics! I am a 4 generation mexican american and proud of it but I still know and claim my roots. I also know that no matter how many years my family have been Americans, they still only see brown. Please wake up and smell the roses. Your poop smells too. Quit pretending that you are one of them now and that you are respected and accepted. Quit fooling yourself. If you aint white, you aint and will never be crap to them. Wake the Heck Up!!!!

  28. Rachel Says:

    Has any of you actually read the law??? It specifically says that officers can only question a person if they are being cited, arrested, etc for breaking another law and it says that race CANNOT serve as reasonable suspicion! So explain to me how this law is racist! Nor does it say anywhere that only hispanics will be subject to it. All ILLEGAL immigrants, no matter what nation they are from are subject to it. And as far as having to carry papers…that is already a FEDERAL law for LEGAL Immigrants! So why should those BREAKING THE LAW have more rights and freedoms than those that follow it. You people that say this is racist are ignorant. YOU are the ones playing the Race card and bringing racism into this. I mean, what part of ILLEGAL do you not understand? It has nothing to do with your race, its about people BREAKING the LAW. Read the law and educate yourselves before you make uniformed comments on how racist Arizona and the supporters of SB 1070 are. And yes, most people’s ancestors are immigrants, but LEGAL immigrants. Yes i know that it is harder nowadays to become a Legal immigrant, but not impossible. Plenty of people have done it. What makes you so special that you get to bypass the system? You are not entitled to anything. And i swear if i hear one more comment about the “white” people needing to go back to Europe I’m gonna lose it. History lesson…your ancestors are from SPAIN…which is located in EUROPE. So if you want us to go back, you go back to. And if you have a problem with our laws here in America, well frankly, you don’t have to be here. LEAVE if you have a problem with it. This is one Legal American citizen that has had it. Either follow the law or get out. I don’t care where you go, but you can’t stay here.

  29. joey Says:

    i am so glade this law has finaly came.I moved from my home state becuz it no longer felt like home it felt like i was in a difrent country i dont care if they think im racist or what ever card they try to play WHAT EVER. no other country would put up with this so why should we.US ppl are killd and robed at the border.There gangs and drugs are fluding over are border. they come to your country and tell you, you are not a hard worker and cant handel the jobs they are here for…………? US ppl realy need to get out to the street and let ppl know how they fell.its nothing like it was back in the day when the ppl didnt like something they took to the streets and let the the rest know.Now days we just sit in are homes and watch the tv. as for all the ppl from other countrys are hear and taking to the streets. they come over get a free ride with us tax payers money.then take there jobs and they dont pay tax then bring over a brother or a sister and same thing happens what do you think is going to happen to the aconemy. you got 10 mil aleins hear that took 10 mil us born ppls jobs thats a lot of tax money we missing out on then we paying for there housing jail time ect where does it stop it dont we are in deb far enuf we did not invite you in to are home get out.its like some 1 moving in to your home and you paying for them with out you saying if you want to or not.And then they go out side and take down your flag and put up thers ERRR.. I cant wait to get back to my home town find a job and pay my taxs.and not see 50 ppl standing at every courner ready to take a born us tax paying persons job.. why is the racist card always playd so anoying pls ppl realy..

  30. Ari Says:

    I’m Hispanic and I’m all for the law.
    I here legally, the ONLY people that have something to worry about are ones that AREN’T here llegally.
    Check out my friends take on it. I back her up ONE HUNDRED percent.
    http://www.youtube.com/watch?v=UYLSbu3qa8w&videos=5eDW3J1DlcQ

  31. pocahontas123 Says:

    the people who is proud about this law, is maybe because they are white, blue eyes, i am pretty sure .they dont look like mexicans.
    is a shame! we are legaly in AZ and i think is unfair, we dont support this law, is a shame for us,living here! Cali loves mexicans, so we are going to move. thanks gobernator AZ..
    i ve seen canadians citizen illegaly but guess what?
    only because they look like anglo, they pass the text!

  32. TOMAS Says:

    Thats messed up some mexicans just come to the us to have a better life by like getting a job and supporting their family but the law also helps because ther is some mexicans who do illegal stuff here and ruin it for the good mexicans who come to work :(

  33. Pressila stewart Says:

    To does who agree with the law are out of your minds is just not fair.you guys are wrong you guys think that only mexinca people are the only immigrant go back to u.s History and read about ellis island when Italian,chinese and other races came to this country.They work hard for us the citizens for a small amont of money! The risk there life to accomplish there american dream.iF it wasent for illegal people like you guys refer to them we wouldent have business like spanish restaurant.Is been racist Like one of the people who wrote here said Martin luther king fought for African American Rights I am sure there would be someone who stands to fight for immigranst right like me! Also there would be children left without there parent and guest what? The goverment is going to take the responsability!

  34. Joe Says:

    I love how everyone opposed to this bill claims it’s racist. How ridiculous. Bottom line- try & move to France, to live and work there without the proper paperwork. Or any other country, including…. MEXICO! America is a wonderful place of freedom & opportunity, all one needs to do to share in this is become a legal citizen. Period. Is the process sometimes difficult? Yes. Maybe we should look at making it easier for someone to become a citizen, but my God, the answer is not to just open the gates. There has to be order and adherence to the law. I don’t understand illegal alien’s sense of entitlement. I’m actually still in shock that there’s even a debate about this, it couldn’t be more simple. Do you know how many thousand pounds of illegal drugs also crosses the border annually? And that terrorsists have even used our southern border as their way into our country? I fully stand with Arizona and SB 1070, and with the LAW, and with common sense, and I’m proud of it.

  35. Joe Says:

    And by the way Rachel has a great point, those who have actually READ the law will know that you can only be asked to provide proof of citizenship if you are being cited or arrested, it would just become another part of that process. It’s not like cops will be sacking neighborhoods and harrassing everyone who isn’t white to see their paperwork. If you have something to fear from this law, there’s probably a good reason for that. Taking away civil liberties? Come on now, you really know that’s bs.

  36. khalil Says:

    it doesn’t matter whether you’ve read the law or not, some police officers abuse their powers and are racist. Also Our immigration system is broken and instead of trying to rally to get it fix she signs this damn bill, i hate when people say the system isn’t broken.

  37. khalil Says:

    first of all Ellis Island was a different system it was not red tape like it is now, second it doesn’t matter whether you read the law or not people are not going to come out and admit racism even when it’s written. You have to know the person and the consiquences of it, there were police officers who profiled a hispanic person which most people don’t know about probably because they ignore it or the media is biased nothing happened to those officers.

  38. Rosita Gutjahr Says:

    I like to visit your site a couple times a week for new entries. I was wondering if you have any other niches you write about?

  39. Nick Dial Says:

    In 2010 Arizona passed new immigration law that rattled proponents for illegal immigration and amnesty to the core. Governor Brewer of Arizona signed into law a strict bill, AZ SB 1070, that setoff of a war of words and philosophical debate among the masses. It has become federal government vs. state government in a showdown to the Supreme Court. In the meantime, there have been many accusations and fallacious claims made in regards to this bill. People have even equated it to Nazi Germany, and have continued to unjustly liken it to some of the most dark times in human rule under a government. In reality these many claims being brought fourth mislead rather than educate. They do not contain factual information that back the claims being made, and are dependent on the ignorance of the ears these claims fall upon. It has become a massive campaign of misinformation and slogan cheerleading. The following will cover the most widely used arguments against AZ SB1070, and why they are factually and philosophically false.
    Myth: Hispanics will be randomly stopped by police when they go out in public. Recently President Obama made the statement that if you “looked like an illegal immigrant, you didn’t have your papers and you took your kids out for ice cream, you could be harassed,” (Politcal punch, 2010).

    Fact: This could not be any less true. A police officer must conduct themselves as they always have, and have probable cause for their stop. Citizenship status is not a primary infraction and therefore does not constitute probable cause for a stop. It is a secondary infraction. An officer may stop a car for a traffic violation, and then later find the driver has no legal status or identification. At this point an arrest may result after further investigation. This is no different than a drug charge. You don’t look at a car and say, “hey, they have drugs.” Once the vehicle is stopped, however, there may be other factors that indicate further probable cause to look for drugs, for example, an odor being emitted from the vehicle.

    Myth: You will be questioned without just cause. “Republican governor Jan Brewer is deciding whether to sign the bill. “Reasonable suspicion” is not clearly defined. But it’s obvious that anyone who “looks” Latino, just like anyone who looked Jewish, could be stopped and required to produce documentation proving they are legally in the country.” (Valen, 2010).
    Fact: Reasonable suspicion is very uniform in its application. If an officer pulls a vehicle over and the driver does not speak English, has no driver’s license, no state ID, no social security number to give, at this point there is ample reasonable suspicion for the officer to investigate further. The officer would then run a name and date of birth check to see if any DMV (Department of Motor Vehicles) records show. If this comes back blank with no record, there is probable cause to detain the individual to investigate their legal status. The argument made by the above author claims there is no definition in the state law as to what “probable cause is.” This is unnecessary. This falls under federal law which is mandated by constitutional law, which in return trumps state law.

    “When there are grounds for suspicion that a person has committed a crime or misdemeanor, and public justice and the good of the community require that the matter should be examined, there is said to be a probable cause for, making a charge against the accused, however malicious the intention of the accuser may have been. And probable cause will be presumed till the contrary appears. It is undisputed that the Fourth Amendment, applicable to the states through the Fourteenth Amendment, prohibits an officer from making an arrest without probable cause. McKenzie v. Lamb, 738 F.2d 1005, 1007 (9th Cir. 1984). Probable cause exists when “the facts and circumstances within the arresting officer’s knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime.” United States v. Hoyos, 892 F.2d 1387, 1392 (9th Cir. 1989), cert. denied, 489 U.S. 825 (1990) (citing United States v. Greene, 783 F.2d 1364, 1367 (9th Cir. 1986), cert. denied, 476 U.S. 1185 (1986)).” (Probable Cause, 2011).
    Probable cause is clearly defined, and this argument holds no truth or merit in its current argued state.
    Myth: you will now have to carry “papers” on you to prove citizenship.
    “The legislation makes it a misdemeanor for foreign nationals to lack proper immigration paperwork in Arizona. But since it’s impossible to identify a foreign national by sight, it effectively mandates that all individuals in Arizona carry papers. That’s right: you, American citizen, can’t walk your dog or buy milk from the grocery store without having papers on you that confirm your legal residence. If you take your kids to the park and forget your documentation at home, you can be held in police custody until your information is verified, even if you’re a U.S. citizen.” (Menendez, 2010)
    Fact: Legal immigrants are already required to carry their green card. In most states you must carry a form of ID and if an officer asks for your identification on a stop, you must give it to them. Arizona’s law is no different then what is already on the books. When you go to the DMV, you MUST provide vital records such as a birth certificate in order to obtain a valid driver’s license. If you are not a citizen, you still must have the proper paper work that shows you are in the nation legally before obtaining the license. The following are an example of some of the identification requirements provided by AZdot.gov, the Arizona State website for the vehicle Motor Division.
    “Identification Requirements: You need two documents listed below-one must have a clear photo of you, or three documents listed below with no photo” (azdot.gov, 2011)
    Examples of such identification include the following,
    Primary: U.S. state or territory issued driver’s license, state issued birth certificate, U.S. passport, U.S. certificate of citizenship.
    Secondary: U.S. Military ID, Social Security Card, Concealed Weapon Permit, Marriage Certificate.
    As you can see, the documentation required by the state of Arizona to legally obtain a driver’s license already verifies one’s legal status and would not be accessible unless they were here in the country legally. When an officer stops an individual and must enquirer into legal status, whether or not that person holds a valid driver’s license with the state tells the officer most of what they need to know. Having a valid license takes the place of a birth certificate. The notion that you would have to carry such papers is false and not supported by fact, but rather emotional sentiment and misconception.

    Myth: This law will lead to racial profiling.
    “The practical effect of the law will likely result in officers engaging in racial profiling by questioning and detaining individuals based on their race and ethnicity. Even if you think that your State legislators are opposed to SB 1070, it is still beneficial for them to hear from constituents that a dangerous racial profiling law will not be tolerated” (ACTION ALERT: SAY NO TO RACIAL PROFILING: STOP THE SPREAD OF SB 1070!, 2010).

    Fact: This is another empty claim with no logic attached. In fact, it’s a false logic based on ad populeum and sloganeering of racial profiling. Most police officers’ conduct themselves in a professional manner and are careful not to violate a person’s civil rights. The idea that somehow a new bill will cause racial profiling is an empty one. This statement is based on the assumption that officers who racially profile would only do so if it were “in the rules.” Racial profiling is illegal, and whether or not an officer participates in such acts is the choice of that individual. This law will no more encourage the officer who chooses to profile anymore then racial profiling being illegal will discourage it. This is like the empty argument stating that making guns illegal to carry will rid gun crime. If you’re a criminal, you don’t care about the law hence the title “criminal”, and will carry a weapon anyway regardless of what the law states. The same concept applies to the corrupt officer. Ethics come down to the individual, not what a law may or may not state. They will either profile, or they won’t; a bill won’t change that reality.
    Myth: Most illegal immigrants only want to work; the real problem is drug crime. This bill does nothing to help fight the drug problem.

    “SB 1070 did NOTHING useful to really deal with the real problem on our border. The real problem is those guys armed with AK 47s that were shooting at Pinal County deputies over by Interstate 8.We have a serious problem when drug cartel gunmen can get all the way to Interstate 8 to shoot at our deputies. Would there be a meaningful federal response if the gunmen were speaking Pashtun instead of Spanish? SB 1070 didn’t even come close to that problem” (Holub, 2010).
    Fact: While this bill is not focused specifically at drugs, it does aid in the cartel drug problem in a large way. Illegal immigrants who come here to work depend on an economic system that caters to their illegal status. Their ability to find work, employment, earn an income and maintain a place to live is necessary for their survival. This bill makes it illegal for an undocumented alien to seek employment. It makes it unlawful for an employer to hire an illegal and unlawful to rent a home to an illegal. The end result of this will become a natural weeding- out process. The people, who are truly here to work, will leave on their own merit. They will have no other choice because you must be able to provide an income and shelter for families to live upon. They will either go back home or simply move to another state that is lax on immigration law. In 2008 E-verify for employment and immigration sweeps by Sheriff Joe Arpio made Arizona a more restricted place for illegal aliens to reside. Since 2008, an estimated 100,000 illegal aliens have left the state. The natural result of this will make law enforcement more effective when fighting drug and cartel crime, because people who are only in AZ to work will have to relocate, largely leaving behind the criminal elements. Illegal aliens who are here for malicious reasons, i.e. to traffic, push drugs, and run cartel errands will not need to relocate. They do not rely on legitimate work to provide an income. The lack of a general population of illegal aliens to blend in with may even result in cartels moving operations to cities and states that do not have such strict laws. Because the general population would move away, this leaves their operatives exposed for tracking and apprehension. It is much harder to blend in as just another landscaper looking for work when all the legitimate workers have moved away to other states where they can still obtain work. This will greatly aid both ICE and local law enforcement in combating cartel activity and tracking down operatives for such operations.
    AZ Bill 1070 is in place simply to enable our local law enforcement with the power to enforce laws that often get neglected on the federal level. For example, one night I was driving my patrol car when I was almost T-boned. A vehicle had run a stop sign. I pulled the vehicle over and found a man who did not speak English and had no driver’s license or State ID on him. He had no DMV record, and was not a legal citizen. This man had an alcohol level of .218, and was extreme DUI. After processing, I contacted ICE (U.S. Immigration and Customs Enforcement). They told me they did not have the man power to send and could not pick the man up for detainment. Being local law enforcement, we had no authority to hold the man based on his citizenship and had to let him go. Do you think he showed up for court? Of course not, now this man was released back into the public and is once again a potential threat to public safety. Had the man became intoxicated again and killed someone in a fatal accident, people would have screamed at how the system failed, and the police failed to do their job. The reality was however, we did not have the tools in place to detain the man. This very situation happened in San Francisco in 2008 when an illegal alien, Edwin Ramos, gunned down a father and two sons. Edwin was found to have been arrested several times without being turned over to immigration.
    “The Bologna family filed a lawsuit Tuesday alleging that the city’s sanctuary policy shielding illegal immigrants from questions about their citizenship status — even those charged with a crime — was to blame, KCBS San Francisco reported. “The city adopted and enforced a policy that was actually inconsistent with and prohibited by federal law,” Bologna family attorney Michael Kelly was quoted as saying” (Family Sues San Francisco Saying Sanctuary Law to Blame for Murder of Father, Two Sons, 2008).
    If California had a law in place like Arizona’s recent passing of 1070, this horrible crime may have been prevented the first day they discovered his legal status.
    The outcry against Arizona’s new law is not only silly, but is a complete demonstration of ignorance of the already existing laws of this nation. Before the passing of bill 1070 it was already illegal to be in Arizona illegally. The only difference was it was an offense and a felony on the federal level. Now, it is both a federal offense and state offense. It is nothing more than mirroring the federal law and providing our officers with the tools necessary to keep Arizonians safe. This is absolutely no different than many other laws already on the books. For example, it is a federal offense to rob a bank. However, it is also a state offense to rob a bank. If you rob a bank in any state, you will face both federal and local state charges for the crime. You can even be charged both locally and federally in two different court systems and no, this is not the same as double jeopardy. Just like it’s both a federal and state offense to rob a bank and is illegal, Arizona’s new immigration law has made being in Arizona illegally both a federal and state offense. The question can be asked, “What’s all the fuss about?” The real answer is simple… enforcement. Illegal aliens and their supporters have long lived comfortably in the United States relying on the complacency and lack of enforcement of the federal government to thrive. Now that a border state like Arizona has made a stand to enforce the law the federal government chooses to ignore, they have no more economic collusion that came with sanctuary policies. They are angry because in Arizona, the gravy train has made its final stop, and the tax payers have had enough. There will be no more free meals; no more living in comfort while law abiding immigrants patiently wait for their legal papers to enter this country the respectful and correct way. The message here is that we reward those who follow the rules, and tell people who cut the line and break the rules to get in the back. The first step has been taken and hopefully, many other states will soon follow suit.

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  1. Immigration Reform Bill In Arizona | Desert 29 - May 11, 2010

    [...] now because they are putting all their energy in the Financial Reform bill  to pass.  Arizona Senate Bill 1070 , which passed the state House of Representatives Tuesday and is expected to be signed by [...]

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