http://www.nytimes.com/2010/04/29/opinion/29kobach.html?ref=opinionThe drafter of the AZ immigration bill rebuts criticisms of it, saying it doesn't allow for racial profiling, doesn't force people to carry IDs, and is not controversial in practice. His defense is, in short, a steaming pile of bullshit.
“Reasonable suspicion” is a meaningless term that will permit police misconduct. Over the past four decades, federal courts have issued hundreds of opinions defining those two words. The Arizona law didn’t invent the concept: Precedents list the factors that can contribute to reasonable suspicion; when several are combined, the “totality of circumstances” that results may create reasonable suspicion that a crime has been committed.
For example, the Arizona law is most likely to come into play after a traffic stop. A police officer pulls a minivan over for speeding. A dozen passengers are crammed in. None has identification. The highway is a known alien-smuggling corridor. The driver is acting evasively. Those factors combine to create reasonable suspicion that the occupants are not in the country legally.
What he's "forgetting" to tell you is that police don't need to have stopped you for speeding to pull you over and ask for your papers. He's trying to make you believe that people can only be reasonably suspected of being illegal immigrants if the police already had a reason to talk with them, but he's not saying that explicitly because it's not true. A person could be in line at a grocery store or sitting down to eat at a restaurant. If a cop has a "reasonable suspicion," that's all he needs to demand ID.
Now, what makes a cop have a "reasonable suspicion" someone is an illegal is a completely open question. He's right that the term has some legally defined standards, totality of the circumstances and all that, but those are just general guidelines. There's nothing in the bill that tells you what factors police should take into account, and his little van scenario is hardly the outer limit of what police will find suspicious.
It is unfair to demand that people carry a driver’s license. Arizona’s law does not require anyone, alien or otherwise, to carry a driver’s license. Rather, it gives any alien with a license a free pass if his immigration status is in doubt. Because Arizona allows only lawful residents to obtain licenses, an officer must presume that someone who produces one is legally in the country.
Cute little language there. "it gives any alien with a license a free pass." Bullshit. Replace "alien" with "anyone who would be suspected of being an illegal, including US citizens." And replace "free pass" with "the privilege not to be arrested for a crime they didn't commit."
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The law, in its majestic equality, permits Hispanic and Caucasian alike to be suspected of being an illegal immigrant, questioned by the police for that reason, and arrested if they have no papers.