People are weighing in on the new law signed by Arizona Governor Jan Brewer. Whatever your position on immigration, it is best that you read the bill for yourself. As I listened to members of the Los Angeles City Council talk of a boycott of Arizona and listened to talk radio, I decided I should read the bill. There is far too much emotion involved on both sides of the fence to simply listen to what politicians, activists, talk show hosts and their callers have to say about the bill. Unless, of course, they actually took the time to read the bill.
It is always best to argue passionately about a cause one believes in, but our argument should be fact based. Proponents of the bill say it will enable local law enforcement agencies to enforce current immigration laws that the federal government has been reluctant or refused to enforce. Opponents compare the law to Nazism, where people will be stopped on the street and asked for their "papers."
One of the prevalent misinterpretations of the bill is that it will allow law enforcement to stop someone based on the color of their skin. Provision #1 of SB 1070 clearly states:
1. Requires a reasonable attempt to be made to determine the immigration status of a person during any legitimate contact made by an official or agency of the state or a county, city, town or political subdivision (political subdivision) if reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S.
Note that the inquiry to citizenship can only be made pursuant to a "legitimate contact." Constitutional law is very clear on when police can and cannot stop someone. Under Terry v. Ohio 392 U.S. 1 (1968), law enforcement officers are permitted to conduct a limited warrantless search on a level of suspicion less than probable cause under certain circumstances.
The 4th Amendment to the Constitution has been the source in all criminal court cases to determine the legitimacy of a law enforcement encounter. In criminal court proceedings, it is the initial stop that is scrutinized. If the initial stop was found to be without legal basis, then the case is dismissed.
Proponents argue that SB 1070 was necessary for a number of reasons. For example, some state the influx of illegal immigrants equals a rise in crime rates as evident by the large number of illegal immigrants in our prison system. Keep in mind that one could find statistics to support either side.
In one broadcast, television host Lou Dobbs said that nearly 1/3 of our federal prisons consisted of illegal immigrants. However, a 2007 article in the New York Times suggest otherwise. The article provided information that in 2000, 27 percent of the inmates in federal prisons were non citizens. Some of these non citizens were illegal immigrants, and some were in this country legally. In 2001, this percentage dropped to 24 percent, and it continued dropping over the next four years, falling to 20 percent in 2005.
Bottom line: illegal immigrants make up significantly less than a third of the federal prison population, and the share has been falling in recent years (source - New York Times).
Another inherent component of any law is the distrust a segment of the population has of law enforcement. Almost anyone who has been the subject of a stop by police can attest to the unpleasantness they felt - real or imagined. There are countless stories of police encounters where the citizen felt the officer had a poor or unprofessional attitude; a preconceived notion that the person they were dealing with was already a criminal in their eyes.
The courts have been less than lenient with law enforcement agencies and the personnel sworn to uphold the law if they abuse or violate the law. In addition to repudiation by the courts, a law enforcement agency or officer is subject to civil court proceedings for violation of ones civil rights (think the officers in the Rodney King incident).
Illegal immigration has been and will be a topic of discussion for quite some time and there is no magical solution. There are too many variables to consider when examining the cause of illegal immigration. Whatever your position on immigration or SB1070, do yourself a favor and read the bill.
