With all of the hysteria and claims of “fascism” surrounding the illegal immigrant bill. I thought that a look at the actual legislation might be in order. I took the legislation from KYETLaw. The site appears to be non-partisan in nature.
B. 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 1373(c). 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 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:
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.
OK, what is a lawful contact? When you encounter a law enforcement officer in the course of the officer’s duties, for example, during a traffic stop. Also note that the law precludes the use of race as a rationale for questioning someone.
C. If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.
So, the state authorities will turn over an illegal immigrant to the Border Patrol.
E. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:
1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.
2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.
3. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and Nationality act.
4. Pursuant to 8 United States Code section 1373 and 8 United States Code section 1644.
I would take this to mean that various agencies and divisions of the state government can communicate regading the status of immigrants so they might be barred from receiving welfare benefits, and other privileges as described in that section.
OK then, this law cooperates with Federal authority, bans the use of racial profiling, and only allows officers to inquire about immigration status in the course of doing something else in their duties. So, in other words, the cops can’t go up to anyone who looks Mexican, and haul them off. In fact, the law expressly forbids this.
This got me thinking. There is a law in my state that is somewhat similar. Here is a quote from ONECLE.
(2) Except for children under eight years of age and
except as provided in paragraphs (1) and (1.1), each driver
and front seat occupant of a passenger car, Class I truck,
Class II truck or motor home operated in this Commonwealth
shall wear a properly adjusted and fastened safety seat belt
system. A conviction under this paragraph by State or local
law enforcement agencies shall occur only as a secondary
action when a driver of a motor vehicle has been convicted of
any other provision of this title. The driver of a passenger
automobile shall secure or cause to be secured in a properly
adjusted and fastened safety seat belt system any occupant
who is eight years of age or older and less than 18 years of
So, in PA, if I am driving down the road without a seat belt on, the police can’t touch me. However, if I run a red light, fail to stop at a stop sign, and so on, the police can stop me, and THEN, they can write me up for not using my seat belt. Just like the Arizona law, the police have to be engaged in a lawful contact with me to cite me for not wearing a seat belt.
Well, I think we need to apply the same level of liberal logic to the PA seat belt law…
THEY’RE FASCISTS THAT ARE USING RACIAL PROFILING TO PERSECUTE ME!!!!!!!!!
Actually though, the Arizona law actually has protections against the use of racial profiling. The PA law does not. Essentially, the Arizona law has more protections of civil liberties than the one in PA.
THAT’S IT!! WE’RE GOING TO HAVE A VIOLENT PROTEST!!
That’s right folks, there was a violent protest against the Arizona law. Didn’t hear about that from the MSM, did you? It seems that the MSM is still too busy trying to smear Conservatives as violent terrorists (without a single shred of evidence) to pay much attention to the ACTUAL violence of the left. Here’s the video.
Please remember that this is OK. It was the left doing it. Had this happened at at Tea Party, the MSM would run it regularly for weeks.
I think it’s important to remember that if the GOP or Democrats-Bush or Obama, had actually done their job, Arizona would have had no reason to contemplate this type of law. If is the failure of the federal government, and both political parties, to enforce federal law, and fulfill their Constitutional duty to protect us from foreign threats.
© Matt Ross
Originally posted at Conservative Hideout 2.0