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“A carefully crafted immigration law in Arizona
By: BYRON YORK
April 26, 2010
The chattering class is aghast at Arizona's new immigration law. "Harkens back to apartheid," says the Atlanta Journal-Constitution's Cynthia Tucker. "Shameful," says the Washington Post's E.J. Dionne. "Terrible…an invitation to abuse," says the New York Times' David Brooks.
For his part, President Obama calls the law "misguided" and says it "threaten[s] to undermine basic notions of fairness that we cherish as Americans." Obama has ordered the Justice Department to "closely monitor the situation and examine the civil rights and other implications of this legislation."
Has anyone actually read the law? Contrary to the talk, it is a reasonable, limited, carefully-crafted measure designed to help law enforcement deal with a serious problem in Arizona. Its authors anticipated criticism and went to great lengths to make sure it is constitutional and will hold up in court. It is the criticism of the law that is over the top, not the law itself.
The law requires police to check with federal authorities on a person's immigration status, if officers have stopped that person for some legitimate reason and come to suspect that he or she might be in the U.S. illegally. The heart of the law is this provision: "For any lawful contact made by a law enforcement official or a law enforcement agency…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…"
Critics have focused on the term "reasonable suspicion" to suggest that the law would give police the power to pick anyone out of a crowd for any reason and force them to prove they are in the U.S. legally. Some foresee mass civil rights violations targeting Hispanics.
What fewer people have noticed is the phrase "lawful contact," which defines what must be going on before police even think about checking immigration status. "That means the officer is already engaged in some detention of an individual because he's violated some other law," says Kris Kobach, a University of Missouri Kansas City Law School professor who helped draft the measure. "The most likely context where this law would come into play is a traffic stop."
As far as "reasonable suspicion" is concerned, there is a great deal of case law dealing with the idea, but in immigration matters, it means a combination of circumstances that, taken together, cause the officer to suspect lawbreaking. It's not race -- Arizona's new law specifically says race and ethnicity cannot be the sole factors in determining a reasonable suspicion.
For example: "Arizona already has a state law on human smuggling," says Kobach. "An officer stops a group of people in a car that is speeding. The car is overloaded. Nobody had identification. The driver acts evasively. They are on a known smuggling corridor." That is a not uncommon occurrence in Arizona, and any officer would reasonably suspect that the people in the car were illegal. Under the new law, the officer would get in touch with U.S. Immigration and Customs Enforcement to check on their status.
But what if the driver of the car had shown the officer his driver's license? The law clearly says that if someone produces a valid Arizona driver's license, or other state-issued identification, they are presumed to be here legally. There's no reasonable suspicion.
Is having to produce a driver's license too burdensome? These days, natural-born U.S. citizens, and everybody else, too, are required to show a driver's license to get on an airplane, to check into a hotel, even to purchase some over-the-counter allergy medicines. If it's a burden, it's a burden on everyone.
Still, critics worry the law would force some people to carry their papers, just like in an old movie. The fact is, since the 1940s, federal law has required non-citizens in this country to carry, on their person, the documentation proving they are here legally -- green card, work visa, etc. That hasn't changed.
Kobach, a Republican who is now running for Kansas Secretary of State, was the chief adviser to Attorney General John Ashcroft on immigration issues from 2001 to 2003. He has successfully defended Arizona immigration laws in the past. "The bill was drafted in expectation that the open-borders crowd would almost certainly bring a lawsuit," he says. "It's drafted to withstand judicial scrutiny."
The bottom line is, it's a good law, sensibly written and rigorously focused -- no matter what the critics say.
Byron York, The Examiner’s chief political correspondent, can be contacted at byork@washingtonexaminer.com.
YankeeJim
Arlington, Virginia, United States
tikun
Tel Aviv-Yafo, Israel
Rory Cripps
New Port Richey, Florida, United States
René
New Orleans, Louisiana, United States
Anonymous user
Most RecentMost Recommended Comments (27)
at 14:49 on April 29th, 2010
Here's Phoenix Mayor Gordon's take on the new law:
Phoenix Mayor Phil Gordon says seniors, kids and out-of-staters should be wary of the Arizona immigration bill signed into law this past week -- warning that it puts them at risk of being arrested.
The law makes illegal immigration a state crime. It gives police the authority to question people about their immigration status and arrest those who cannot show documentation to establish their legal residency.
Furthermore, can Arizona now target only citizens that look illegal? What about the rest of Arizona residents? If you don't carry papers and are stopped for being suspected of being an illegal, best of luck.
at 03:50 on April 30th, 2010
Got a driver's license?
Got a passport?
That's all it takes, and that's what is required everywhere else in the world that I have traveled all of my life.
at 05:40 on April 30th, 2010
1. A drivers license is not proof of citizenship.
2. What moron carries their passport around with them when not trraveling?
America also, is not "everywhere else in the world." America has always been different. Its a world apart even from its earliest origins due to the idealism instilled in its creation. Individual liberties were the ultimate cause of the Founding Fathers.
Why trump it now? Why is illegal immigration such a big deal now? You honestly believe everyone who came through the ports of New York did so legally? Beacause that would be naivete at its finest.
at 06:16 on April 30th, 2010
A national standard for driver's license or an national ID card is needed. I am not going to say that illegals are morons, but I will say that they had better have a passport as all visitors are required to carry one.
at 06:56 on April 30th, 2010
I was not implying such. I however, using common sense, would not carry my passport on me unless I needed it. Its currently locked in my parents' safe.
But is that not precisely the problem? I look markedly German, and I can still speak some of it reasonably well and yet my family has lived here in Texas for over 150 years. Arguably, I could easily make someone believe I was a German tourist or immigrant. Yet, I would likely not be stopped under this law.
Why? Honestly, is it because I am young and white? How is that just? By what luck was I born here into my current family and not anywhere else? How is it not of the utmost arrogance to deem this thing as anywhere near acceptable? Have we forgotten by what grace or fortune that we live that we can so easily take all this for granted?
Theres no way this law--if upheld-- will lead to anything other than lawsuits and a furthered climate of ignorance and fear.
at 09:30 on May 18th, 2010
let me guess...you're a college student who has lived off of nothing but your parents because if you had a job and had to pay taxes and contribute to your country you would understand why it is a big deal for legal citizens to have to carry those who feel they can just come, go, and take as they please. i'm only 26 years old and i can understad the damage that illegal immigration will continue to do to our jobs, our economy, and our country. and you have to show proof of citizenship to get a valid driver's license so actually yes it is proof enough when they run it through the system that you have come here legally.
at 05:42 on May 21st, 2010
Do you want to have open borders and take away the federal status of being in the country illegally? If so, state it, but don't hide in the shadows and expect others to condone illegal behavior. Perhaps illegal immigration is a big deal because this country is in a mess; we don't have the money to pay for the health care and education of our own citizens - adding illegals to the equation only compounds the problem. By the way, in some states, a driver's license is proof of citizenship or at least proof of "lawful presence" (i.e. you're a legal immigrant).
at 05:47 on July 21st, 2010
Just another socialist wanted to give all our rights away. Have you been to Mexico? It is a poor dirty country. Do you want the america to become that? I am so tired of people saying they have rights. They violated the law, they have to rights! they are not even citizens!!
at 17:38 on May 6th, 2010
What is in illegal immigration that people think makes it legal. It plainly says illegal. What more needs to be said. There are so many people waiting in line for legal immegration. I think all illegals should have no rights and I am sick and tired of my tax dollars going to support illegals with food, healthcare, housing etc...
at 14:36 on May 18th, 2010
Well over 90% of the illegals in the bordering states are hispanic. It's only a matter of common sense to suspect a hispanic over anyone else as being illegal. Or are we not allowed to use common sense anymore? Has logic been completely replaced by political correctness? For the sake of the future of this country, I hope not. At least Arizona is relatively free from the bonds of political correctness, and is performing the duty that all of the states should wholeheartedly take part in: protecting our borders and forcefully removing the illegals from this country.
at 15:54 on April 29th, 2010
Its About Time. Its is a crime to enter the US illegally, making it a (FELONY) against federal law. If the Federal Government doesnt care to protect AMERICA against this invasion, designed to colonize illegally in the U.S. and ultimately destroy the American way of Life (social/government systems). Being An AMERICAN is not popular or something to be proud of. WE THE PEOPLE ARE A JOKE.
at 05:43 on April 30th, 2010
What is the American way of life if not to adapt? To be better and do better than our ancestors? To ensure that such a spirit never dies?
The reason "being American is no longer a thing to be proud of" is slowly and surely being American and America as whole is ceasing to stand for what it had stood for for two hundred years. No more and no less. Fix it. Fight for freedom and hope. Fight for justice and individual liberty. Until then, stop bitching.
at 21:28 on July 3rd, 2010
So you are saying adapt but keep it the same? Travel to other countries and you have to carry your passport 24/7. Fly into the "New Russia" and you still have to turn over your passport at the hotel for processing. If you dont stay in a hotel you must check in with the goverment with in 72 hours of entry. Get off mom and dad's dole and learn on your own. Yes it is clear when you said my passport is in my parents safe. You are to young to remember this but I am swiming in Mr.McDuck's money bin:) NOT
at 04:11 on April 30th, 2010
Thanks for some sanity in all this YankeeJim. Drivers license and passport. In Israel it is a national ID card. It appears to work and not often abused. You do not need laws to abuse people. People abuse people with or with out laws.
at 05:18 on April 30th, 2010
You speak with wisdom of thousands of years tikun.
at 06:57 on April 30th, 2010
The problem with your argument as presented, is that I could easily flip it to argue contra to your point.
Not to mention that Israel is markedly smaller and less populated than America.
at 10:31 on April 30th, 2010
i hate mexicanss
at 12:34 on May 3rd, 2010
@ Grace,
No doubt Grace. It appears to work here. I am also aware that it may be a violation of the constitution. With that said, we are living in extraordinary dangerous times.
at 21:19 on May 5th, 2010
Grace, I completely disagree with almost everything you say. For one, your claim of "being an American is no longer a thing to be proud of" is due to the fact that many illegal immigrants come here with an automatic air of self-entitlement. Even worse, many 2nd generation children naturally have that very same self-entitlement, and instead of recognizing their country first, are holding some higher alligience to their heritage country. If you are an American citizen America should be the country you are loyal to. You should recognize yourself as an American FIRST. That is no longer the case with most immigrants. They want to come here, use the American system by working our jobs and utilizing our programs, hospitals, schools, etc., and STILL see themselves as a Mexican first and foremost. THAT is where America is headed. No longer is there a respect for the United States by many immigrants, and THAT is what pisses many other Americans off, MYSELF included.I am a minority.....latina, actually (no, I'm not Mexican), and while I LOVE my heritage....I LOVE my ethnicity, and proudly recognize it and enjoy it, I am first and foremost an American. That is the way I was raised by my parents, and that is the way they were raised by my grandparents (having come to America). Once a upon a time immigrants made an effort to assimilate and adapt to American culture and society; they made an effort to respect the country and its laws, learn the language, and adapt to daily life. These days, it's the opposite. You have people coming here refusing to make any effort whatsoever to learn English, to acknowledge this is AMERICA and waving around your Mexican flag and boasting about Mexico constantly, and then turning around and DEMANDING rights for ILLEGAL people who choose to come here KNOWINGLY breaking the law. Yeah, that is a complete and utter disgrace, and it needs to be corrected.Mexico is not special. I'm tired of Mexicans blasting the American government about our unwillingness on immigration and acting as if it's some kind of injustice, lol. It just completely selfish and, if anything, shows how once again many assume they have priority over OTHER immigrants coming from OTHER countries. NEVER have I heard a Mexican advocating for legalizing immigrants mention anyone else but themselves, anyone else but Mexico. You DO NOT get your way by demanding free rides from this government while waving Mexican flags and sporting Mexican t-shirts. You DO NOT get your way by staging crazy protests and vandalizing property (yes, this went on in MANY schools in spring of 2006 in California, Nevada, etc. I know because I experienced this firsthand). If anything, Mexicans need to realize that it is their OWN people who are giving the other genuinely hardworking illegals a bad name. It is ALSO their own unwillingness to acknowledge that it is Mexico's fault as a country so many of their citizens apparently do not want to be there. They need to fix their own country and be liable for themselves. I'm sick and tired of having my country bashed by people who love Mexico more than the country they are demanding citizenship from.It is not Mexican people themselves, it is their common attitude and mindset. My best friend is Mexican. I have Mexican family members. I grew up around Mexicans. I've dated them. Many Americans who are tired of immigration like Mexican people as individuals, we just hate the WAY they are carrying out coming into this country, and blatantly disobeying our laws. If it were any other country I would say the exact same. Not going to adapt to being an American and respecting the country? GTFO the country. End of.I'm not going to go to France and demand shit. It's ridiculous.
at 19:33 on May 13th, 2010
Cherry, thanks, you nailed it. The Feds won't enforce existing border lines on the south, but just try to get in here from Canada illegally, good luck. AZ is right and more states should follow. I have lived in both SoCal and WA. WA works for me MUCH bettter. God help the southwestern states of this once great nation.
at 00:45 on May 8th, 2010
Before having my excellent lunch. SHUT UP
at 20:57 on May 29th, 2010
Its way overdue to stop this flow of illegal imigrants from Mexico. They already out number us in the state of California. There are over.2.5 million in California alone. They have bankruped the state. They go to Los Angeles and buy a green card,birth certificate & drivers license for a 20 dollar bill. They don't believe in any laws. They steal cars, drive unlicensed vehicles and have no license to drive. They don't care..Of coarse they are going to fight this law. They still want a free ride for living , food, jobs, schooling, medical, dental at no cost to them.They don't pay taxes.. They just milk the system for everything they can. They force there language on us. Then demand schools to teach there language, that's because they have over run our cities. 100 to 1. No wonder there are no jobs, run down towns & houses, crime , stealing, killing ,murder, drugs anything you can imagine. Take a good look at the jails in our country, They have destroyed American . Human life means nothing to them. I wish employers were fined by hiring them. They pay them under the table. American people open your eyes look around you..Reads the papers , see all the damage and problems they have caused.
at 09:05 on June 16th, 2010
Forget the driver's licence and institute the REAL ID that immediately identifies someone as a legal resident. Problem solved.Of course, to stop illegal immigration, it's useless to identify someone as an illegal if it has no consequences like today. Deportations should be stepped up radically.
at 17:45 on July 3rd, 2010
Normal 0 Obama does not represent the United States. How could he when he extorts America with the threat of not securing the U.S./Mexican Border, not protecting Arizonans, all Americans until we unwillingly accept amnesty for 20-million illegal immigrants? One could argue Obama has committed a terrorist act, the intimidation and coercion of the American population and U.S. Government, our government, for and by the People, that unless we subjugate to Obama’s amnesty, we will be left naked with no protection against armed cartels, other criminals entering our states from Mexico, we will continue to be harmed—our police shot. If Obama’s actions don’t constitute treason—what do they constitute?
at 09:29 on July 20th, 2010
There is a reason that educated people do not support massive deportation and irrational immigration legislation: you will destroy this country. 1. Low wages control inflation and maintain a manageable consumer price index without government price setting (socialism).2. If jobs currently filled by illegal immigrants (10 hour days, $5/hr, no benefits, often sleeping on site or even in the fields) were filled by US citizens, conditions would have to change dramatically, unionization would likely occur and the economic impact would be immense.3. History does not support you. The first immigration law came in 1875 to outlaw the import of Chinese sex workers to the US. Thereafter ethnocentrism and bigotry towards Catholics from Germany and eastern Europe prompted the limitation of immigrants from specific countries to 3% in 1921 and dropped to 2% in 1924 (in this year Asians were also outlawed from immigrating and no limits were placed on immigrants from Latin America due in large part to the Mexican Revolution). From then on the socialist tendencies of the 1930s let to other irrational immigration laws that should be immediately repealed. The founding fathers wanted to include the Dutch and Irish settlers and encourage immigrants to come to the fledgling nation (as noted by the lack of a national language and leading to laws such as the Homestead Act) but racism and ethnocentrism has led us away from their vision.4. A closed door on immigration means an even less competitive and more state controlled nation (such as Sweden or Germany with high wages and little to no economic growth). If you want the socially engineered lives of Europeans then go ahead and limit immigration.5. You will run the last of the small farmers out of business and seal the fate of US agriculture and industry to a handful of state supported corporations.6. The World Bank and IMF have high-jacked the economy in Latin American and NAFTA is a horrible failure in Mexico, meaning that our OWN actions have caused this massive immigration because of economic imperialism.Please stop the Nativist insanity and don't follow the self destructive principle of the Know Nothings. Read the conservative (read Libertarian) findings of the CATO Institute that support more open immigration www.cato.org/pubs/handbook/hb108/hb108-63.pdf Then you will see that this brand of hate-mongering against Latinos and Mexicans in particular is conterproductive from ANY viewpoint.BTW: Reagan supported amnesty. Remember 1986.
at 11:04 on July 20th, 2010
I will start by saying that i have nothing against anyone because of their nationality but will continue by saying that supporting illegal immigration is without a doubt detrimental to the United States and one of the most ignorant statements an American can make. You have to agree that is was made and named as illegal immigration for a reason. if we sent all illegal immigrants home then we would just have to deal with the consequences but it would be worth it.Do we continue to shortchange our own children? Do we continue to charge Americans who put in an honest days work and pay their taxes to support this country? Shall we remove all the American flags and place a sign at each pole saying "Please insert flag of your choice .. we have only paid for this freedom with American blood"? If you wish to become a part of American society then fine, do so legally. Do not work here under the table, collect benefits you are not entitled to and then complain because we do not teach your language in our schools.How about all of the elderly people in this country who face ever tightening purses because of cuts and such? Could we use some of the money we spend on illegal immigrants on them in honor of the work they put into making this country worth sneaking into?
at 17:42 on July 25th, 2010
This is not even worth commenting on. People have become so dense that they do not even see what is going on, let alone have the right to comment. If you do not see the things being done, and you do not deal with this crap everyday then please stay out of it. Yes there are alot of hispanics that are hard working, decent people. Yes there are atleast 15 other races in this country that are just as hard working decent people. How many forms are written in other languages other then Spanish, how many other languages do we have to listen to before we are given the option to press 2 for english, the american language by the way. When is enough going to be enough, I can go on and on if i was to get started, we work law enforcement and have NEVER EVER racial profiled any one But, we have heard alot of whinning and bitching from alot of people that should not be here in the first place. It is time that American Citizens stood up and demanded there rights and stop laying down for every other country to walk on like door mats. Phoenix has turned into lil mexico and all you have to do is look around if you are not legally blind you wont be able to miss it