Today, Arizona Governor Jan Brewer signed SB 1070, a state law which requires police to determine the immigration status of anyone they suspect may be in the country illegally. Whether accused of a crime or not, citizens in Arizona must now produce papers proving their legal status should an officer of the law question their right to be in the state of Arizona. In addition, the law makes it a crime to knowingly transport or conceal the identity of anyone who is in the country illegally. Finally, the law enhances all previously passed immigration laws by imposing new criminal penalties on officials and businesses who fail to report illegal aliens. Proponents claim this is a bill aimed at protecting Arizonians and their state’s economy, but the bigger debate on civil rights has predictably taken the nation by storm.
The controversial provisions in this law have opened up heated arguments about the constitutionality of law enforcement potentially racially profiling the mainly Mexican American immigrant population in Arizona. Despite the best efforts of Governor Brewer to declare that profiling will not be allowed to take place, the fact that the population being targeted by the bill is overwhelmingly Hispanic leaves little doubt for most that those with brown skin will be primarily targeted as opposed to their whiter counterparts. Brewer’s executive order, which directs the Arizona Peace Officer Standards and Training Board (AZPOST) to train law enforcement officers to detect illegal immigrants without profiling, guarantees nothing to minorities in the end. The fact is that this law, despite what kind of training an officer receives, allows authorities to use their individual discretion when questioning citizens who may be perfectly legal citizens. The Constitution, under the Equal Protection Act of the 14th Amendment and the Fourth Amendment, which outlaws unreasonable search and seizure, can be interpreted to prohibit any law which would allow the profiling of any United States citizen. As a result, this law is likely to trigger action by both civil rights groups and constitutional lawyers alike.
In stepping over the Federal Government in the enforcement of the United States border, Arizona’s actions exemplify how the immigration debate has now reached a critical stage where action is required at the highest levels. Some difficult questions now loom: Should the trend towards local enforcement continue without the consent of the US Border Patrol, FBI, CIA, National Guard, the Supreme Court, and others? Will this law, and others that may follow, be deemed unconstitutional under the 4th and 14th Amendments? And finally, will states like Arizona bankrupt their own coffers fighting legal battles with the Feds over the threat of illegal immigration on their state economy and security?
Without a complex immigration overhaul at the Federal level, there is no telling how far local law enforcement will take their mission to rid the border, and elsewhere, of illegal aliens. Though many agree that we must make the immigration process and enforcement more effective at all levels, we should also agree that there must be a more humane way of reforming our broken system. In my opinion, the new Arizona law does nothing but further divide an already split public. Those with brown skin will now feel unwelcome in their current homes, and most likely relocate to friendlier pastures over time. This loss of minorities, most of them legal in status, and some, who may be illegal but work hard daily in the fields and other businesses, will not only hurt Arizona’s already fickle economy, but does nothing but regress the essence of the immigration argument back to the bigger issue of racial discrimination and an inherent fear of outsiders. Therefore, a brand new, comprehensive immigration reform bill addressing the Federal government’s stance on the matter will prove very helpful to all parties going forward.
No comments:
Post a Comment