There has been a lot of controversy over Arizona's new LAW ENFORCEMENT legislation as it pertains to enforcing the crime of being in the country illegally. It's been called an immigration law, but it actually has NOTHING to do with immigration. It simply allows law-enforcement the ability to follow the federal government mandated procedure of checking citizenship of someone once they've been stopped by the police.
No one is going to RANDOMLY ask you for your papers (visa, passport, birth certificate). Just like seat belt or cellphone laws while driving, you have to ALREADY be stopped for breaking some other law before they can check for citizenship.
In Arizona, you're required to prove citizenship or legal entry into the state before getting a driver's license. Showing a valid driver's license will suffice for the new legislation. And, guess what, you're routinely asked to provide a license and proof of insurance at ANY traffic stop. They also ask for a valid ID when you charge over $20 on your visa, when you want to enter a bar or club and if you're going to buy alcohol.
The law itself is constitutional because it PARALLELS the FEDERAL LAW that is already in place. The Arizona law adds a penalty for entering our state illegally.
From Washington Examiner
"This law was carefully drafted to avoid any legal challenge on pre-emption in two ways," explains Kobach. "One, it perfectly mirrors federal law. Courts usually ask whether a state law is in conflict with federal law, and this law is in perfect harmony with federal law.
"Two, the new law requires local law enforcement officers not to make their own judgment about a person's immigration status but to rely on the federal government," Kobach continues. Any officer who reasonably suspects a person is illegal is required to check with federal Immigration and Customs Enforcement. "As long as the state or city is relying on the federal government to determine immigration status, that will protect against a pre-emption challenge," says Kobach.
But what if the Obama administration argues that the law is a burden on the federal government? Or refuses to assist Arizona in determining a person's legality? The drafters thought of that, too. There's a federal statute -- 8 USC 1373, passed during the Clinton years -- requiring the feds to verify a person's immigration status any time a state or local official asks for it. The federal government cannot deny assistance to Arizona without breaking the law itself.
Read more at the Washington Examiner: http://www.washingtonexaminer.com/politics/How-Obama-could-lose-Arizona-immigration-battle-92460459.html#ixzz0nFkBj3oH
Also, what's the NUMBER ONE group that's ignored in this whole thing? The people who have come to this country and become citizens through legal means. On that note, I'd like to share with you a video that makes me applaud every time I watch it... because this woman says what we're all thinking.
Please watch the video.
http://www.youtube.com/watch?v=ShkpO9Rf1bo&feature=player_embedded
Don't believe anything above? Read the Law. It's only 18-pages long. The wording is simple and clear.
This law was created in response to the MULTIPLE requests for national guard from the federal government in an effort to secure the border. These requests were ignored.
I'll leave this topic open for discussion provided we can all stay civil. I might close it at the end of the day because I won't be around to watch it this weekend.
