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Now the Arizona government will sit in its scalding immigrant witchhunt bath

May 14, 2010 Now the Arizona government will sit in its scalding immigrant witchhunt bath

Now the Arizona government will sit in its scalding immigrant witchhunt bath, as organizations and local governments with financial muscle cancel meetings in Arizona and go to vendors in other states for goods and services.

At best. Arizona governor Jan Brewer has not read her state’s new immigrant witch hunt law, and at worst, she is misstating (if not downright prevaricating) what the law says, starting with its harassment provision, when she claims —- in trying to avert the crippling boycotts faced in her state due to this law — that: "The bottom line is there are a lot of mistruths about the bill… You’re not going to walk down the street and get questioned unless you’ve committed a crime." She has it wrong, because the law says in its third paragraph that any lawful contact with people (not just arrests, but even so-called investigations and Terry stops, which require nothing more than reasonable articulable suspicion of criminal activity afoot) requires cops to inquire into immigration status when the cop has “reasonable articulable suspicion that the person is an alien who is unlawfully in the United States” (i.e., that the police officer has profiled the person based on race, accent, and other physical characteristics)):

FOR ANY LAWFUL CONTACT 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 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, 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 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 [which gives the green light for racial and accent profiling] 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 [the problem is that in the U.S., nobody is required to carry identification papers when not driving]: 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.

Arizona Senate Bill 1070 (emphasis and bracketed words added by me in the foregoing quoted provision of the law).

Again, Arizona’s immigrant witchhunt law provides that any lawful contact with people (not just arrests, but even so-called investigations and Terry stops, which require nothing more than reasonable articulable suspicion of criminal activity afoot) requires cops to inquire into immigration status when the cop has “reasonable articulable suspicion that the person is an alien who is unlawfully in the United States”

Arizona’s immigrant witchhunt law says what it says, and Governor Brewer cannot change that until the law itself is changed. 

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