Laws need to be enforced. Illegal means NOT legal. But that does not mean that LEGAL residents – even American citizens – need to carry and show proof of residency to any Tom, Dick, or Harry in Jerkwater, USA. The 4th, 5th, and 14th Amendments have not been repealed as far as I know.
In particular, the 14th Amendment states “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
The text of the Arizona law is here: http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf
I have read it. Twice. I don’t see anything in it that prevents Sheriff Teasle from harassing anyone he wants to mess with, for any reason, at any time. So if you appear to be Hispanic in Arizona, you better carry your papers with you. Even if your family has lived here for 150 years.
The AZ law states:
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
Reconcile that statement (go ahead, read the law for yourself) with the 4th Amendment, which states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
I am all for States Rights – the 10th Amendment has also not been repealed. I am in favor of enforcing all legally established laws. I am also of the opinion that I don’t care what the law in Podunk, AZ says – if it conflicts with the US Constitution.
Read that 14th Amendment again. Now please explain to me how the Arizona law can possibly be Constitutional. EQUAL protection means EQUAL protection. It does not mean that any idiot “LAW ENFORCEMENT OFFICER” can, at his sole discretion “WITHOUT A WARRANT”…. “ARREST A PERSON” just because they don’t look like they belong in the US. That constitutes “probable cause” under this law.
I agree that illegal immigrants are illegal, and that when we discover that they are in this country illegally, we should detain them and deport them to their country of origin. Immediately or as soon as feasibly possible. But that’s not the same as passing a law saying that any law enforcement officer can stop/detain/question/arrest anyone who – in the sole opinion of the local yokel bigoted inbred law enforcement official – may possibly be in the country illegally.
Hmm…. I wonder how many of the citizens – and legislators – of Arizona carry documentation with them – at all times – showing that they are in the US legally? I don’t carry a copy of my birth certificate with me. Or my Social Security card. I don’t have a green card either.
TN has a list of acceptable documents: http://www.tennessee.gov/safety/driverlicense/dlcitizen.htm
MI has a list: http://www.michigan.gov/documents/sos/Applying_for_lic_or_ID_SOS_428_222146_7.pdf
OR has a list: http://www.oregon.gov/ODOT/DMV/driverid/idproof.shtml#legal_presence
AR has a list: http://mvd.azdot.gov/mvd/formsandpub/viewPDF.asp?lngProductKey=1410&lngFormInfoKey=1410
Go ahead, read through the lists of acceptable documents. Do you carry – at all times – ID’s acceptable to the local idiot law enforcement official? Remember that you need to provide two forms of ID…. I don’t. But I’m an old bald white guy who talks funny – no one would ever question my citizenship. I think. But what if I was Hispanic? ANY racist idiot official in AZ could stop me if he believes that I might be in the US illegally and arrest me. At any time. At his sole discretion. As long as he thought he had probable cause – which could mean that I acted funny, or looked Hispanic. Doesn’t matter – the local yokel can arrest, search, question, and detain me whenever he wants to. That’s not Constitutional under any reasonable definition.
