Tuesday, May 18, 2010

ARIZONA IMMIGRATION

We have all heard all the rhetoric about the new Arizona immigration law. Many organizations have called for a boycott of any eent in the state. Many called for MLB to move the All Star game, some called for the Los Angelos Lakers to alter their travel habits to spend as little as possible when they play their playoff games in Phoenix and a couple of artists have canceled their concerts in Arizona because of the new law. Even the President of the United States has made jokes about the new immigration law.

What is so evil about this law?

The Arizona law:

"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."

So if a law enforcement officer of the state makes "lawful contact" they have right to determine if the person is here legally if they have "reasonable suspicion". They cannot stop someone on the way to get ice cream, as the President stated, and check their ID. How does this compare to the federal law?

The Federal Law:

"TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IX > § 1357
§ 1357. Powers of immigration officers and employees

(a) Powers without warrant Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant—

(1) to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States;"

Pretty much the same thing yet everyone is up in arms about this law. I was told the law "goes too far" yet it reads very similar as the federal law. So why did Arizona feel the need to write a new law that pretty much covers the same territory as the Federal law? Federal officers enforce federal laws and state official enforce state laws. So for state and local officials to have that authority they need to have the authority and that is what this law does.

At the Miss USA Pageant a couple of days ago Miss Oklahoma was asked the question about whether Arizona should have passed this new law and she replied that she believed the state has the right to pass their own laws:

Arizona is dealing with a problem the rest of the country may not be sensitive about. They say as much as 70% of the illegal immigrants enter through the Arizona border. Border crime is up and the crime are much more violent. The drug wars we hear about in Mexico are spreading their way across the border and the people of Arizona are paying the price for a federal government who has failed to shut down the border. Not only is this an issue of national security but in Arizona it is an issue of the security of the people from Arizona. Not only do they have the right to act but the Governor has an obligation to act in any way they feel is necessary to protect the people of Arizona. The President can be outraged and want to challenge the law or even make jokes about it but it is only in existence because he and the members of congress has failed to do their job.

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