Senate bill 1070 has lit a fire under the behind of this country. After reading the bill it appears the question about its legality is more about being politically correct than a question of law. The political correctness issue has come into play a lot lately. It may be because this term is encompassing and just about fits every issue that one might desire to use it on.
The political correctness proponent does not think profiling is legal. Just because you look like a bank robber complete with bank bag, mask and gun you should not be asked why you are standing in front of the bank. Is this situation a form of profiling? If profiling is illegal, it would be easier for the bank robber to plead the defense of “no probable cause for the arrest” if it was not proper for the police to question him/her.
Of course this issue does not bring race into the mix, but what if a witness had described the robber as a black man, or an Asian woman or a Mexican man? Does this mean the police should not stop and question anyone who matches this description? Of course not.
So now we have the crime of crossing the Arizona / Mexico border illegally. Both a Federal Crime and An Arizona crime. Police must use the same standard of stopping and questioning a person in the “Illegal Alien” scenario as they would with a suspected bank robber. Arizona’s law says; “For any lawful contact made by a law enforcement official or agency of this state or 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, the person’s immigration status shall verified with the Federal Government pursuant to 8 United States Code Section 1373c”
Whats wrong with this?
It has always been a crime to enter this country illegally. Recently the smuggling of drugs and people across our border has required more stringent enforcement and more manpower.
But wait. It is a Federal Crime to illegally cross the border and is enforced by Federal agents . It is not a state crime. (Until now) If the Federal Government can’t do the job who can? Can our individual states make it a State crime to be an illegal immigrant within their borders and enforce this law themselves? Arizona says yes we can and has actually gone so far as to say the immigrants who cross the Arizona border illegally are “trespassing”.
The citizens of this country should take notice of the actions of the Arizona lawmakers. Arizona has taken a traumatic step by using the power granted to them by our Constitution.
Make room for some help Sheriff Joe.
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