EDITORIAL: Arizona law misguided
The move by Arizona to crack down on illegal immigration has set off a firestorm of protests around the nation. Calls to boycott the state have grown louder and caught Arizona leaders by surprise.
This is a complex subject, one that is void of the traditional political lines. One can be concerned about illegal immigration, but also not support Arizona’s actions.
Indeed, there’s something fundamentally anti-American about that state’s call for law enforcement officials to ask for “papers” from those suspected of being illegal immigrants. Americans should be able to move about freely in their country without having to produce “papers,” as if an internal passport is needed.
To those who think police won’t abuse the new law, just think of how some of our local police already abuse the law to raise money for their small town governments. Arizona’s action will open the door in that state not just to profiling, but also to an increased amount of law enforcement abuse.
But one has to feel for the problems Arizona faces. Its border with Mexico is a sieve through which much illegal activity is taking place. Even more than illegal immigrants is the problem of drug smuggling through that porous border.
Arizona is right in its call for the federal government to tighten border control. But politically, neither party really wants to do that for fear of alienating the growing Hispanic voting bloc in the country.
As a sign of protest, Arizona’s new law has brought the illegal immigration issue to the fore — again. But it likely isn’t constitutional and is a misguided effort.
Until the federal government decides to address illegal immigration by tightening the border, these problems will remain with us.
Indeed, there’s something fundamentally anti-American about that state’s call for law enforcement officials to ask for “papers” from those suspected of being illegal immigrants. Americans should be able to move about freely in their country without having to produce “papers,” as if an internal passport is needed.
To those who think police won’t abuse the new law, just think of how some of our local police already abuse the law to raise money for their small town governments. Arizona’s action will open the door in that state not just to profiling, but also to an increased amount of law enforcement abuse.
But one has to feel for the problems Arizona faces. Its border with Mexico is a sieve through which much illegal activity is taking place. Even more than illegal immigrants is the problem of drug smuggling through that porous border.
Arizona is right in its call for the federal government to tighten border control. But politically, neither party really wants to do that for fear of alienating the growing Hispanic voting bloc in the country.
As a sign of protest, Arizona’s new law has brought the illegal immigration issue to the fore — again. But it likely isn’t constitutional and is a misguided effort.
Until the federal government decides to address illegal immigration by tightening the border, these problems will remain with us.
And the response is not about Mexicans it is about breaking the law and the threat to the USA.
This country is VERY weak weaker than I have seen it in my whole life.
Why shouldn't a state enforce federal law? Arizona is a State that has a right to protect its citizens.
The States have been subjected to people who siphon off resources and put zero back in tax dollars. They do not have the respect for this country to abide by its laws.
I have sympathy - for folks like my grandparents who did it the right way - and for folks who have waited for years and apprec iate the priviledge to come here, support the USA and obey our laws.
Harry Truman deported over two million Illegals after WWII to create jobs for returning veterans. In 1954, President Dwight Eisenhower deported 4 million Mexican nationals! So that American WWII and Korean veterans had a better chance at jobs. It took 2 Years, but they deported them! These "ILLEGAL ALIENS" have put a financial burden on Americans for far to long, providing free education is not enough Americans then had to have special teachers cater to a different languages, America has had to build bigger jails to house the crime they bring with them, our hospitals have had to charge Americans more and more because of all the treatments that have had to be written off by because of not being able to deny treatment to an Illegal Alien, our justice system has been corrupted! Yes just a few month back an Arizona Rancher(an American Citizen) was sued by a group of Illegal aliens that were crossing the border into this country ILLEGALY and won...! I can go on all day providing why Arizona's law is justified!
Our elected officials should concentrate on American Citizens instead of importing more VOTES!
As for the Law isn't being here Illegally Against the law? Why shouldn't our law enforcement officers be able to determine if someone is here legally?
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf
Admittedly, the link below is to a fact sheet, and not the text of the law itself, but it doesn't mention that people have to carry around "papers", only that law enforcement officials must verify the immigration status of individuals that they have "legitimate contact" with. Every time that I am pulled over or pass through a checkpoint, I am asked to show my driver's license. If I didn't have one, I would presumably be held until my identity was verified. Isn't the AZ law basically the same thing?
You do make a good point about the law having the potential for being abused, but all laws can be abused by those in charge of dealing with lawbreakers. I'm also not sure that this law has the same economic payout as writing speeding tickets, so I'm not sure that local police in AZ will have as much of an incentive to abuse the law.
http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm
But the main problem is the requirement of citizenship papers; if I'm walking down the sidewalk in Scottsdale, for example, (which I have done), and I leave my wallet in the hotel room, I have no proof of citizenship should I be stopped and questioned and asked to produce proof that I'm a U.S. citizen ... that's just not the American way. That problem has led to many conservatives to oppose the law as it was written. Arizona has a problem, but this law isn't the right solution.
Mike
While the reply was that most police chiefs dont like the law, the people on the street have spoken and said just the opposite. The people of Arizona support this law with a 70 percent approval in a recent poll. 60 percent of Americans favor this bill.
There are provisions in the bill and in the supplemental bill signed last Friday that deals with racial profiling. I ask that you, Mike, to go read the bills with an open mind..
If your walking on the street, the police will not be stopping and asking for papers. The only time someone is questioned is during a stop for a moving violation or being arrested in regards to another crime.
This country lost what made it great a long time ago. It lost it's ability to defend itself as is self evident with the current state of our boarders. Yes the constitution is a great thing...when it is upheld in it's entirety. So to preach about this law being unconstitutional is a laugh when so many other portions of the constitution have fallen by the wayside! Obviously, as can be seen through the responses to this article, there is a strong and consintual feeling of support for this law.
We should be applauding the strong leaders that have stood up & taken the stance that enough is enough!!! Why is it in todays media we want to make villans of the very people that are trying to fix the problem created by this countries lack of true leadership. Certainly if America had true leaders in place we would not be in our current situation & we wouldn't have to waste our time & $$ debating this issue!!! Why is it that America can't seem to produce QUALITY LEADERS anymore??? A quick look at who is currently at the helm of this nation proves that fact! Maybe if the media in this country would step up to the plate and stop catering to the liberal left and drumming up sympathy for the law breakers and individuals playing the system & sucking the system dry...maybe then we could get this country back on track!!! Instead the news of the day is...those poor soals that have broken the law and are now being discriminated against by being racially profiled. How have we gotten to this point in our nation when illegal immigrants get more support and have more rights than AMERICAN citizens that are lawfully here!!!!???? Why do we not here more stories from the media on topics such as this??? Maybe if the media would go after the politicians who have supported & helped get us in this situation we would see more positive results!!!
You are correct that there is a leadership vaccuum today, but this law does not fix that problem.
It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law.16 Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally.
Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)
"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):
A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:
* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or
* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or
* knowingly assists illegal aliens due to personal convictions.
In the part of Constitution where it gives congress the power to collect taxes it also gives congress the power To establish an uniform Rule of Naturalization (in which America already has had in place for years)and To provide for calling forth the Militia to execute the Laws of the Union, suppress
Insurrections and repel Invasions ( Arizona and most of America have been and are being INVADED EVERYDAY) Perhaps the Jackson Herald should print the US constitution for its readers to be able to look at for themselves.
This country needs to wake up!
The answer should not be in individual states having to adopt certain specified laws to keep out illegals. The law is already there ...federally. The problem is like Mike mentioned, the law is not being enforced.
Allowing this new law to be the sole reason for being stopped, detained or whatever is a prescription for etrocious misuse of government power. On the other hand people who are in this country illegally, need to be deported as the other points made here in this thread are important too. Waste of our resources, entitlements and medical costs to tax payers are high and need to be reduced.
Once a person is arrested for something else, if they are found to be illegal, OUT! That would work if it were simply enforced. It isn't. Writing more laws that give government more power to randomly check it's citizenry is a two edge sword. I know I don;t like being randomly checked, neither does anyone else.
This really is a more complex issue than writing a new law will be able to address. It won't solve the problem. If one American citizen is rounded up and interrogated as a result of this new law, and has to bare the burden of proving their citizenship, the law is wrong! Look at it this way, the soldiers who died for our freedom throughout history, think for a minute, their defense our nation. It was to guarentee absolute freedom to EVERY US citizen. Even the ones who have pecan colored skin of Hispanic decent. Oh...and by the way, many were Hispanic.
It's simple. Enforce the federal law and states won't have to go doing what Arizona has done. It is a miserable affair at best!
I'm not being biused, I was born in Arizona!
Until that happens states have no choice but to enforce the law themselves in order to protect their citizens.
I am a card carrying member of the Libertarian Party and have been since the 80's. This stuff being echoed by the Tea Party isn't new to me. I've been embracing it since long before a new wave of this Tea Party thing took hold.
I am a staunch supporter of Libertarian philosophy which embraces the ideaology of our forefathers. Liberty, Freedom and Personal Responsibility. Tiny government!
Don't get me wrong, I'm happy that the movement is taking hold. I care not what the party or cause is labeled. Call it Tea Party, fundamental Libertarian philosophy (which is what it is) or whatever, as long as it influences a move back in the direction of Social and economic responsibility and gets government out of our personal lives and homes.
Yes I support Flat Tax for EVERYONE! Every dollar, every day. No IRS. No Eminant Domain and no freaking government control of private industry.
Personally, I have no issue with “proving” I am legally able to drive, legally driving a car with insurance, and legally driving free of the influence of drugs and alcohol. You probably have no issue with that either, so why is being able to prove that someone is legally in this country a problem that shows racist bias? I mean, if someone is illegally in this country THEY ARE BREAKING THE LAW just like the driver with a suspended license and no insurance who hits your car in the parking lot at Kroger. I bet you’d like to see that guy locked up right?
I was in the Military. We swear an oath to defend the constitution against all enemies, foreign and domestic. That Constitution and the Constitutional Rights are there and granted to US CITIZENS. I don’t recall swearing to support ABSOLUTE freedom for illegals or US citizens, which would be anarchy. We are a nation of laws, and those laws should be enforced. If the Federal Government will not enforce its laws then it is up to the States to ensure the safety and security of its citizens. I find it fascinating that the Federal Government is taking legal action against Arizona because that state is taking up the slack in the Federal Government’s inability (or complacency) to provide security of our borders.
I salute Arizona This invasion is bigger than mideast threat, for these people are here walking around on our soil. If anyone thinks that they are just here to work, that is baloney. Go to youtube and watch the video called "Nation of Aztlan" They have an agenda to take over the country, and are doing it without firing a single shot. Everyone seems to forget that 70% of citizens in Arizona want this law. Misguided? Only those who have allowed this invasion that has been taking place since the 1970s is misguided.
So many people and organizations and especially the media want to jump all over the State of Arizona for taking this major step to help secure their border with Mexico, but I see NONE of them reporting all the violence and frauds many of these illegals commit once inside of our country. Where is you undying and untiring reporting of the crimes committed against the American Citizens? OH,YOU WILL report if there is a crime committed against one of these illegals, by an American Citizen though!
At least they are making an effort in stemming the tide of this massive invasion from our Southern border. More then I can say for our Federal Government and politicians that ARE SWORN to uphold our laws and Constitution.
Of course many of our politicians are nothing but criminals themselves! I hope more states follow the lead made in Arizona!
Also, we are not asking for the Feds to do more, just enforce what is already their job!
WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON.
I have to say, I agree with this law.
All it really says is during LAWFUL CONTACT if there is reasonable suspicion the person is an illegal immigrant they can require proof of citizenship. if that can not be produced a reasonable attempt must be made to determine the status of the person, if they can not determine the status then with Probable cause they can arrest for Illegal status.
I fail to see anything unconstitutional about this law, as it is written. I'm sure there will always be the possibility of Law Enforcement Officers abusing this law, but that does not make the Law wrong. Those Officers should be dealt with as any other Officer that betrays the trust placed in them!
My above comment only applies to the detaining and arrest portion of the law. The law also goes into a picking up for work on a public street, hiring, transporting, and human trafficing. It also defines fines and when to turn a person over to I.N.S.
I am former military. Your attitude absolutely blows my mind. Anytime that I am asked by an officer of any law enforcement to show my identification, proof of insurance, etc., I have no problem whatsoever with it because I know that the officer is doing his job of ensuring that the laws are being followed.
There are people out there in law enforcement that do not choose the right way to do their job. This happens every day and in many different situations. There is no justification for taking advantage of your position. It happens and any one who chooses to do so should be fired and/or punished accordingly. Using this as justification for not enforcing federal laws that are already in place is nothing more than a load of crap.
Yes, American citizens will have to prove their citizenship. So what!!!!! We have to do it anyway. If you are an American citizen you should be proud of it and not think that your rights are being challenged. Our Constitution is there to preserve and protect "We the People" not illegal immigrants.
Illegal immigration costs the American taxpayer billions every year in health care and school services alone. Why are we paying for this when they are breaking the law by their presence? It totally astounds me why we would do that. The Arizona state government has real problems with these costs along with the costs that they have to police the criminals that are flowing across with those that are in search of a better life. One Sheriff stated that in the previous month he had 57 high speed chases in his county and ALL were illegal immigrants. Also, 95% of the crime committed in his county was done so by illegal immigrants. If we lived there wouldn't we want someone to take a stand for us.
We need to focus on helping the American people. If we are worried about those in South America then why isn't someone talking to the governments in these countries and asking them to start taking care of their own people and stop telling them how to make a run for the border and putting the burden on us. This is exactly what the Mexican government is doing now. They don't want their own problems but know that the US will not enforce it's own laws and will put them on the payroll of the American taxpayer.
We have immigration laws for a very good reason. The laws are there to ensure that not just anyone can come into our country to live but people who will be proud to live here and be a positive impact on their communities not a burden or a drain. We need to stop worrying about offending criminals and enforce our laws.
We need a law like this one in Georgia along with laws that would limit or cut out the amount of government assistance provided to those that cannot prove citizenship.