Thursday, April 29, 2010
Thoughts on AZ bill in regards to racism
The Bill uses “reasonable suspicion” and “probable cause” language to empower state/city officers to ask about immigration status. If reasonable suspicion and probable cause equated to being Hispanic, and being Hispanic the sole reason for questioning, then it would be racism, and very wrong. Since the overwhelming numbers of illegals are Hispanic this is a very real danger, because no matter what the suspicion or cause was, the person will most likely have the common denominator of being Hispanic. The reasonable suspicion and probable cause has to be something other than race. This is a challenge.There are laws which make racial profiling and discrimination illegal, so if all the officer has is race, the arrested/detained has a case. Additionally there is a clause in the Bill “FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL…” A contact purely based on race would not me lawful. Anytime you have a subjective call made by the officer there can be potential issues/abuse. But is this a reason to put the officer in a position where he can’t possibly enforce the law?Without a probable cause/ reasonable suspicion vehicle for the state/city officer, they have to watch trains of people with sacks of personal items, obviously not camping, being led by a black clad guide, and the officer can’t do anything. Everyone knows they are illegals, but all the officer can do is call the Federal Border Patrol, who basically do nothing, but escort them back to the border. There are no consequences.What is the use of a law if you have no mechanism/will to enforce it? I live less than 10 miles from the mexican border. The situation with illegals is ridiculous and defies all common sense parameters. It is very obvious that the real issues are voting block politics and lack of political will. And given the uproar, I'm not sure I blame the politicians for not addressing the 800 gorrilla in the room. Maybe this law isn't the best, there are definitely constitutional issues with States enforcing immigration, but I have to applaud the AZ government for finally taking the bull by the horns.
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Racial discrimination occurs when someone is treated less fairly because of race, color, descent, or national-ethnic origin than someone of a different person of race would be treated in a similar situation, thus violating the equal protection clause. When a state attempts to pass a law, which involves race, some—if not many—deem that there is a threat to a fundamental right of equality, and that a strict scrutiny of the state’s action is necessary. Then, someone…anyone is likely to bring up the 14th Amendment, which states that, “No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States…nor deny to any person within its jurisdiction the equal protection of the law.” The ensuing discussions and debates will surely put the bill into an impasse until all questions and concerns are resolved. It is also possible that some people who are against the bill will start calling other people who support the bill “racist” or “chauvinistic.” Then again, what are the keywords here: “citizens of the United States…person within its (U.S.) jurisdiction?” Whose jurisdiction does an illegal immigrant really fall under?
ReplyDeleteArizona Bill 1070 is simply giving the state and local law enforcement officers the ability to question immigration status of those people who falls under “reasonable suspicion” only after they established a “probable cause” to do so. If the suspects happen to be Hispanics, which is the race that the majority of illegal immigrants fall under, then the danger of racial discrimination may arise. However, before this can even occur, a probable cause must be established: perhaps the suspect was speeding along a zone, driving with busted taillights, ran a stop sign or a traffic light. State and local law enforcement officers may stop ANYONE who they perceived to have committed an illegal act, and the bill only adds another capability to what these officers can already do: ask for immigration status. So what is the big deal? Officers ask where you were born—then answer. Officers ask for some ID—then show them ID. Officers ask if you were a U.S. citizen—then say yes or no and provide explanation if necessary. Officer asks if you have been drinking—well, you have better not been and say no! In either case, suspects are still ticketed or go to jail for violating the law (if they, in fact, violated the law; drinking and driving = bad). Obviously, this is just a minuscule example, and most people do not see Bill 1070 as simple since all the hustle and bustle are still ongoing. Some may argue that Bill 1070, once fully implemented, might cause a case in the near future requiring the Supreme Court to intervene and to apply the doctrine of “stare decisis.” Okay, granted… this cannot be discounted, but we do not know this for sure. Perhaps the decision brought upon by the principle of stare decisis caused by Bill 1070 will be for the good of the U.S.—or perhaps not. This, of course, is another long, winded discussion.
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ReplyDeletePeople who are against the bill are also surely to bring up that the state will use the bill to go after businesses that the state believe hire illegal immigrants and to impose responsibility for immigration laws onto businesses. What is so new about this? This is already a law implemented in 2008 that penalizes employers who knowingly hire illegal immigrants, and this law is widely implemented by several states like Arkansas, California, Colorado, and YES, Arizona among others. Again, what is new with Arizona Bill 1070 reiterating that it will go after businesses who knowingly hire illegal immigrants? The U.S. Government established the E-verify system to encourage employers to hire U.S. citizens and to improve the U.S. workforce. Yet, many employers still choose to hire illegal immigrants to save them huge amounts of money—greed (cough, cough)? Arizona is already a participant of the E-verify under the Legal Arizona Workers Act since 2008! So…what is the big deal? Oh, oh, oh, oh…“You are talking about a workforce that has infiltrated our society because of a failed immigration system! Now you want to make the employers the police, and we are going to be the fall guy for something our government didn't solve for a long time.” Okay fine…be that way! Our government recognizes that it has a broken immigration system. However, did we ever think for once that the government is trying to fix that problem right now, at this very moment, so it will not stay broken forever, and so that we cannot make the same argument 10 or 20 years from now that our “government did not solve the immigration issue for a long time?” Are we really going to go through an endless debacle about the Arizona Bill 1070, throwing words such as “racism,” “racial discrimination,” “prejudice,” and “equal rights” repeatedly? I, for one, do not. I, however, want to enjoy my dinner tonight.
ReplyDeleteGreat points AVM! Keep em coming. I have nothing to add or even to disagree with you about. One question though, which bill was the follow on bill to 1070?
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