David's Blog of Common Sense

photo credit: Andrew Huff

Over the last few weeks we have seen a ton of controversy over a new law in Arizona.

In fact, there is so much controversy over this law that the Justice Department plans to bring a lawsuit against the state because of the new legislation.

We have seen protests, and riots, signs, and demonstrations against the law.  But what is really wrong with the law anyway?

Many people contest that the law opens up racial profiling, and that it is invading the privacy of Hispanics and other immigrants.  My question is, have these people even read the legislation?

I took some time to read the bill and found some interesting points.  The law clearly states that an individual must be stopped first for a crime or violation.  How does this open up to racial profiling?  Here is a quote from the legislation:

B. FOR ANY LAWFUL CONTACT STOP, DETENTION OR ARREST MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE IN THE ENFORCEMENT OF ANY OTHER LAW OR ORDINANCE OF A COUNTY, CITY OR TOWN OR THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO 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 SOLELY 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

Now I do not see where this violates anyone’s privacy, or rights.  This is nothing that they aren’t already doing, it merely takes it one step further to validate that they have legal status in the United States.  Their identification already  verifies this (if states are following proper identification issue guidelines).

This is another attempt for the liberals to push their agenda and say that the Republicans in Arizona have infringed on the rights of people.  This is completely and totally ludicrous!

SB1070-HB2162 Click the link to download the bill.