Below is the text of the new Arizona law I find offensive and unconstitutional.
B. For any lawful contact stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien who and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person’s immigration status determined before the person is released. The person’s immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:
1. A valid Arizona driver license.
2. A valid Arizona nonoperating identification license.
3. A valid tribal enrollment card or other form of tribal identification.
4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.
1) What is a lawful “lawful contact stop, detention”? A witness to a traffic accident? Simply being in the wrong place at the wrong time? Does anyone think that an officer can’t find an excuse to make a “lawful contact” any time they wish?
2) What is “reasonable suspicion exists that the person is an alien who and is unlawfully present in the United States”? Is being brown and speaking with an accent constitute “reasonable suspicion”? If you’re looking for day labor work outside of Home Depot is that grounds for reasonable suspicion that you are unlawfully present in the United States?
3)”Any person who is arrested shall have the person’s immigration status determined before the person is released.” So basically you can be held indefinitely unless you can prove you are lawfully in the US. So you better have your papers on you or you’ll sit in jail until the authorities prove your innocence.
If you’re a young Hispanic man, in the wrong place at the wrong time could be detained indefinitely if you fail to provide proper documentation even if you are natural born American citizen. If you think this can’t or won’t happen, you’re wrong, it will and already has. If you think this isn’t about race, you’re wrong it is. A middle aged white guy without ID is not going to be treated the same way as that young Hispanic man.
Do we really want to live in a country where you better be caring your documents or risk being subjected to indefinite detention? Do you understand now why even some Arizona law enforcement officials are against this law?
This law violates both the fourth and fourteenth amendments to the US Constitution.
As far as boycotting States go, it’s just another form a free speech. Alaska has been a target of it for shooting wolves from helicopters, I’d say Arizona being boycotted for violating the US Constitution and basic human rights should be fair. They have the same choice Alaska does, change the policy or live with the consequences.
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