About That Arizona Immigration Law
PolitiFact does a fact check on this statement from George Will:
“What the Arizona law does is make a state crime out of something that already is a crime, a federal crime,” he said. “Now, the Arizona police — and I’ve spent time with the Phoenix Police Department — these are not bad people. These are professionals who are used to making the kind of difficult judgments. Suspicion of intoxicated driving, all kinds of judgments are constantly made by policemen. And I wouldn’t despair altogether their ability to do this in a professional way.”
PolitiFact went to legal scholars and found out that, indeed, this is the case.
The legal scholars we spoke with told us to take a close look at two key sections of Title 8 of the U.S. Code. Section 1304e requires that “every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him.” Those who fail to comply will be guilty of a misdemeanor and will be fined $100 and can be imprisoned up to 30 days.
Section 1306a says that, “Any alien required to apply for registration and to be fingerprinted in the United States who willfully fails or refuses to make such application or to be fingerprinted, and any parent or legal guardian required to apply for the registration of any alien who willfully fails or refuses to file application for the registration of such alien shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not to exceed $1,000 or be imprisoned not more than six months, or both.”
Indeed, section 3 of the new Arizona law makes it a state crime if immigrants are in violation of either of those codes.
So, when it comes to that section of the law — arguably the “meat” of the new law — “it’s very clear that in this respect, George Will is right,” said Paul Bender, a law professor at Arizona State University.
They ding Mr. Will on some misdemeanors that are also included in the Arizona bill, but overall, Will is correct. And yet many liberals are overreacting and protesting or boycotting Arizona in response. Some uninformed individuals are even boycotting New York over this. Jim Wallis and the Sojourners are, unfortunately yet predictably, against this measure that simply allows Arizona to enforce the law that the feds won’t.
2 words: Knee. Jerk.
Filed under: Government • Immigration • Politics • Race Issues
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What’s a reasonable suspicion here? Some Phoenix-area cop made the first arrest a couple of days ago. A trucker who didn’t have papers on him, which produced suspicion that he was illegal, it appears. So he was arrested, sent to ICE, and held for several hours.
He was held until his wife could make a second trip to Phoenix with his birth certificate, showing that he was born in the U.S. and that the drivers license he showed the cop was perfectly legitimate.
This Arizona law doesn’t require aliens to carry their papers. It requires U.S. citizens to carry their papers “just in case.” The legal aliens will be fine, just hassled. The rest of us, legal U.S. citizens, will not be. We don’t have green cards.
You think you’re immune? Where’s your green card?
The law doesn’t even go into effect until August, so claiming that this arrest is the first one under the new law is likely the result of reading too many liberal blogs and liberal media outlets.
Further this was the federal authority, ICE, not the state authority, which is what is covered by the new law. Claiming that the feds are changing their procedures because of a new state law (that hasn’t taken effect yet) is absurd.
Whether or not this is truly ICE procedure, and whether or not it’s proper are valid questions. But they have nothing to do with the AZ law. The law only requires immigrants to carry those docs that federal law already requires them to carry, and proof of citizenship includes a driver’s license.
You do have one of those, right?
So you admit that state cops already have the power you claimed they need the law for (it was a traffic stop, not federal ICE stop — ICE doesn’t enforce traffic laws, because that’s a violation of federalism, among other things).
I’m not claiming federal authorities are changing their roles. I’m noting that this is a racism-based law with no rational basis in law, that practically requires state law enforcement officials to poach on federal enforcement territories.
Yes, I know federal law requires aliens to carry their papers. My point — which you don’t deny — is that the way Arizona enforces the law already (before the law is in effect!) requires that citizens must also carry our papers.
And that’s unreasonable. I’m a citizen. I don’t have a green card, I don’t have immigration papers. The stop in Phoenix was of a truck driver just doing his job. The Phoenix cops thought his accent sounded foreign, and they refused to accept his drivers license as evidence of his citizenship or legality. He could not produce a green card because he didn’t have one. He couldn’t produce a resident alien permit because he didn’t have any — he is a citizen, like me.
If proof of citizenship is a drivers license, why was this stop allowed?
And, by the way, the only driver license that counts is an Arizona license. For the year I was resident in Arizona, I had a Utah license — I was a student. Any businessman stopped for any reason could be arrested and sent to ICE under this law.
It looks to me that this law is intended to foul up the federal immigration authorities. Texans, Californians, New Mexicans, Coloradans especially, who do business in Arizona, are all subject to arrest.
Do you have a valid drivers license for all the states you drive in? No? Then under Arizona’s law, you’d need to have immigration papers. What if you’re a citizen?
The law does not require cops to accept a drivers license as proof of citizenship. While it says a valid Arizona license is “presumed” proof, that proof is enforced later, at trial, in court. There’s no “avoid arrest” clause in the law.
If you’re just a U.S. citizen whose family came over with Esteban in 1519, or with John Smith in 1607, or with Stephen Girard in 1776, or with Andrew Carnegie in the 1870s, you’re going to cool your heels in a federal jail for a day, even if you’ve done absolutely nothing wrong. If you’re on business, look carefully at the Arizona law — it gives Arizona cops the authority to ignore your company vehicle and leave it open to thieves.
No, I do NOT have an Arizona license. I resent your claim that, just because I’m a Texan, I’m suspected of an immigration crime.
Maybe we need to send the Texas Guard to Arizona to straighten y’all out. Under the Full Faith and Credit Clause of the Constitution, Arizona doesn’t have the right to disrespect documents from other states.
First of all, it was indeed ICE that made the arrest. The local coverage makes this clear. It was at a weigh station.
(Emphasis mine.) These were all ICE agents. So no, I don’t admit “that state cops already have the power you claimed they need the law for.” They don’t have this authority presently, and since that was your foundation for calling it “racism-based law with no rational basis in law”, your argument is without basis.
Given this:
“And that’s unreasonable. I’m a citizen. I don’t have a green card, I don’t have immigration papers.” And yet ICE hasn’t arrested you yet. Remarkable. I suspect, though, that they won’t after Aug. 1, either.
“The Phoenix cops thought his accent sounded foreign, and they refused to accept his drivers license as evidence of his citizenship or legality.” Except that it wasn’t the Phoenix cops, and I’m betting that your description of what went on is likely fanciful, especially the whole accent thing.
“If proof of citizenship is a drivers license, why was this stop allowed?” You’d have to ask ICE about that. They’re governed by federal law, as you know.
“It looks to me that this law is intended to foul up the federal immigration authorities.” Looks like they may be fouled up already.
I think the main issue here is that you think the Arizona cops will apply laws that are very similar to existing federal laws in an extremely unprofessional way, and far worse than ICE. I think you should have been spending your time arguing against ICE first, to give your argument a little credibility. I’m wondering what sort of knowledge you have of Arizona cops that they’ll be as racist as you believe they will be.