Thursday, May 27, 2010

They Did It Again!

Today, in an article in the Austin American-Statesman entitled "Arizona law could chill police work, chiefs say," the author of the article referred to Arizona S.B. 1070 as "... the new Arizona law requiring police to request documents of anyone they detain and have a suspicion that they are in the country illegally."

That is not what the law requires!

Nothing ... nothing ... in Arizona S.B. 1070 says anything about requesting "documents" of anyone! It doesn't require anyone to carry documents. In fact, it doesn't say anything about documents. All this "papers, please" nonsense is exactly that. Nonsense. Arizona S.B. 1070 does not make it a crime or allow anyone to be arrested because they can't prove that they're in the country legally. That simply isn't what it does!

Once again, here's what the law actually says, if anyone is actually interested in what it actually says:

"FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON."

It requires the police to make a "reasonable attempt, ... when practicable, to determine the immigration status" of a person when they have a reasonable suspicion that the person is in the country illegally.

They could "request documents," but the law does not requre that they "request documents." All they have to do is make a reasonable attempt to determine immigration status. Like the Border Patrol does now.

I was out in Big Bend recently. I was stopped at a Border Patrol check point. I was asked, "Where are you coming from? Where are you going? Are you an American citizen?" Then I was allowed to proceed. The Border Patrol officer who questioned me made a reasonable attempt to determine my immigration status, when he probably didn't even have any reason to suspect that I was in the country illegally. And he didn't ask me for any documents.

Clearly, Arizona S.B. 1070 is a law which can and almost surely will be used to discriminate against people of dark skin color or those with "foreign" accents. It is a bad law.

But, it is a bad law for what it does say and the argument ought to be about what it does say. Let's stop claiming things about the law that simply are not true.

For goodness sake, the bill isn't that long. Someone writing a newspaper article about the bill surely can take the time to at least read it. And if you read that bill and still think it requires police to "request documents," then - I apologize if this is judgemental - but you probably don't have the intelligence necessary to write newspaper articles.

If you claim it requires police to "request documents," when you know that it doesn't, then you're a liar.

1 comment:

  1. People. Stop this insane, petty arguing. Why don't we simply put a wall up that extends the length of the border? I am so tired of one political party calling for more border patrol agents to catch the ones already here. But police in many cities can't detain people because of possible human rights violations or other political reasons (lost legal or illegal hispanic votes). Remember, poll workers can't even ask for an id from voters. Recently, a Texas state bill failed that would require some form of id (could even be a library card). This was deemed too onerous. Another political party is somewhat equally stupid in requiring 12 million or so people to return to their home country and enter legally. This would never happen.

    I hear all the time that illegal aliens are here to do the work americans will not do. Ok, let us make them guest workers then.

    My suggestions would be to

    1. Complete the border fence from sea to sea and include the border with Canada.
    2. Issue passports/id's to all current citizens (adults and children).
    3. Require all illegal aliens (adults and children here before the cut off date) to register within say one year. Give them all valid id's. Call them Blue Work Cards or such.
    4. Every one born in the US to other than US citizen(s) would not be US natural born citizens.
    5. Blue card holders could not vote or get any welfare benefits. They and their offspring could not ever become US citizens unless they surrendered their blue cards, legally left the country and followed immigration rules for legal reentry on a citizenship path.
    6. Blue card holders could get a driver's license, insurance, rent property, have a bank account, work in any nonunion job (people here as guest workers would have less rights), go to public school (but not get state or federal aid or attend college), pay taxes (ineligible for the earned income tax credit) and finally, never fear aprehension.
    7. Businesses and individuals would be required to only hire or do business citizens or blue card holders. Unions could not have non US citizens as members. Severe draconian measures against businesses/unions and individuals which would be taken. For example, licenses to operate could be revoked or it would be a felony for repeat offenders. Only citizens and blue card holders could be isured with liability insurance.
    8. Change the name of the Border Patrol to the Fence Patrol. Do what the military does with diserters. They don't go looking for them, they wait for them to violate traffic laws or commit other crimes and then the deserters are aprehended.
    9. If more people are needed under this guest worker program, people over a minimum age (18/21)could be admitted and issued cards. Families could not enter, only workers. Remember, this is a meant to be a guest worker program, not for immagration. People might stay, but would not be encouraged to want to stay.
    10. Everyone would be required to show id (US or blue) to do any business or make a purchase. This would also identify all persons here violating a visa (supposedly 40% of the illegal population).

    I think this is a start in the process to stop the insanity.

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