States Rights

As a former resident of a border state, I could go on all day about the issue. Instead, I'm going to give you a brief overview on what I think about the Arizona law specifically and link up a few great articles to check out.

For those of you unfamiliar with my opinions and particular style of "punditry", there's really only one thing you need to know. PRIMARY SOURCES. Before engaging in any political discourse (especially when the end product is published online) I believe it is vital to go to the source. Yes, in this case that means a carefully worded Google search to find the Arizona Legislature's website and read the bill. Its long, and like most legislature, it isn't riveting. However, if you only expose yourself to information through the media, its impossible to wade through the bias if you haven't looked at the law yourself. Check out the link here.

I have a few criticisms of the law. While I think that it has some good points, in some respects it lacks an enforceability. Very similar to what an appeal of Los Angeles' "Special Order 40" would likely resemble, officers can inquire into a person's legal status during an investigation.

B. For any legitimate contact made by an 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 to determine the immigration status of the person. The person's immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c).

E. A law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States.

If interpreted correctly, this would mean an officer would need probable cause in order to inquire into an individual's legal status. That seems pretty straightforward to me. If someone is here illegally and committing crimes, they should be deported. Now, from a practical standpoint, I don't think this is enforceable as it does not grant Arizona law enforcement officers the power to perform a deportation of a person deemed here illegally. That power still resides with ICE. Practically this means that once an individual is detained and their legal status is questioned, the next step for law enforcement officers is to call the Feds. Judging the response on this issue from Washington, this bill may be rendered impotent. Its difficult to imagine Governor Brewer overlooking this possibility. That leads me to believe that the Governor signed this bill so she could check her "Tough on Immigration" box. Its all truly ridiculous.

For more interesting articles on the subject, check out the articles below. And, as always, I appreciate any feedback!

"A Carefully Crafted Immigration Law in Arizona" Byron York

"Arizona Takes Off its Rainbow Shades" Cal Thomas