Wednesday, April 28, 2010

Arizona Immigration Law

From Adam:

As many of you know, I'm about to graduate from LSU Law. I've had to deal with many ignorant, liberal professors and classmates for the past three years. Now, I'm having to listen to their incessant repeats of the Obama media-machine's misinformation about the Arizona immigration law that was passed on April 23, 2010. Its time to actually tell the truth about the immigration law (yes, I have read the actual text/language of the law). I've provided the link to the SB1070 that was signed by the governor of AZ.

My first impression of the law is that the person that was writing it counseled with attorneys that had/have training and experience in criminal and civil rights law. The law is very well written to track and follow the language of the US Supreme Court's caselaw about what law enforcement can and cannot do. Now, I'll discuss the Obama media-machine's misinformation.

1) The law does not promote/endorse/encourage civil rights violations through racial profiling or any other means in any way/shape/form. To understand this, you must know what racial profiling is. Racial profiling is governmental interest in someone based solely and entirely on the color of a person's skin. The AZ law does not allow this.
2)The law does not create a new "Nazi" state of requiring people to maintain their "papers" on them at all time. The Supreme Court did this in 1968 in the case of Terry v. Ohio by requiring us, the people, to provide basic identifying information to law enforcement when stopped and questioned. In fact, in each state in the Union it is a crime to refuse to provide basic identifying information (or provide false information) to police when requested to do so. (Mind you, we the people have to "present our papers" every time, or almost every time, we get on a plane, cash a check, swipe a credit card, get pulled over while driving, attempt to buy alcohol or cigarettes, get a job and the list goes on. Where are the people complaining about the "civil rights violations" against we the people? No where to be found. Hmmm... curious.)

There is other misinformation out there, but I think it would be best to actually explain what the law does. That way people reading this will be able to recognize the lies from the Obama media-machine when they hear them.

1 - The law requires AZ law enforcement to enforce federal immigration laws. It should be noted that while Congress cannot require a State to enforce any federal law, States can voluntarily choose to enforce federal laws through state laws.
2 - Law requires law enforcement to have made a lawful contact with an individual (an example would be a traffic stop for speeding). If during that lawful contact the law enforcement official has reasonable suspicion (the standard for requesting identification information from Terry v. Ohio) to believe the person is not lawfully within our borders (that means they didn't enter the country through Customs or Border Patrol), the officer can request verification of the person's immigration status from the federal immigration authorities.
3 - If that person, determined to be illegal, is convicted of a state crime as a result of his lawful contact with state law enforcement authorities, then after his sentence is completed he is to be turned over to the federal immigration authorities.
4 - The state officer has the authority to simply turn the person over to federal immigration authorities once illegal status is confirmed.
5 - The statute provides for legal action against the officer and the agency he works for by the person questioned if the officer violates the person's civil rights when he detains/questions the person.
6 - The law makes being an illegal alien in AZ defacto trespassing. (Since its trespassing when we enter public or private property w/o permission or unlawfully and we're citizens, why should be it any different for non-citizens?) The law specifically exempts persons who have valid immigration status from this section.
7 - Makes it illegal to smuggle human beings for commercial purposes. Federal law has done this for over 100 years.
8 - Makes it illegal to impede the normal flow of traffic in order to hire or pick up people for hire off the side of the street. Makes it illegal to enter a vehicle for purposes of being hired if the vehicle is impeding the normal flow of traffic. (Notice its the impeding of traffic that is being illegalized.)
9 - Makes it illegal for an illegal alien to apply for or obtain work in the state of AZ. (The federal government made this illegal decades ago. Enforcement seems to be a problem, though.)
10 - Makes it illegal to knowing transport, harbor or conceal persons who you know, or reasonably should know, are illegal.

The people in AZ are in favor of this law by an overwhelming majority. The last Rasmussen (sp?) Poll I saw was 60% of Arizonans in favor of the law. Funny thing is the poll a day beforehand had 73% of people nationwide in favor of the law, even if it led to some civil rights violations against persons who are lawfully here. The point is that AZ is doing what it needs to do to protect the people legally and lawfully within its state boundaries by enforcing federal laws that are already on the books.

Now that you have the facts, you can educate those ignorant souls around you.