Monday, May 10, 2010

Another Look at Arizona’s SB 1070

I'd like to address SB 1070 once again. Its getting to be a bit disappointing how much the left has distorted this piece of legislation. You wouldn't believe how many times I've heard people say that a cop can now pull someone over because they look a certain way, or they believe they are in the country illegally. That is simply not true. This is leftist drivel, it is a lie.

I've quoted it before, and I will quote it again.

A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT 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, WHEN PRACTICABLE, 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).

There has to be what is called “lawful contact” and racial profiling is not lawful contact. You cannot pull someone over because they are Mexican or Latino, whatever term you wish to use. That is simply a lie. If you are speeding down the road and you get pulled over, the cop then has the ability to ask for your immigration status if there is a reason to ask. If you have a taillight out and a cop pulls you over, the cop can then ask for your immigration status if there is a reason to ask. In the original version of 1070 race could be a factor, but only after that “lawful contact” was made, it could not be the sole factor. Again, lawful contact comes after someone has committed a crime. And now with the addition of HB 2162 that isn't even allowed. But you never hear anything about HB 2162 out of the media.

HB 2162:

A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or Arizona constitution.

Please understand that this law does not go any farther than the federal law. This law is the law that is supposed to be enforced by the federal government, but sadly, is not. The outright lie that a cop can pull you over because you look like an illegal immigrant needs to stop. The other argument that this is somehow like Nazi Germany asking for “papers” needs to end. As outlined in HB 2162, a drivers license is a legitimate form identification.

Here's a question that I haven't heard. SB 1070 enforces federal law at the state level. Provided my previous statement is true, there are officers that the federal government gives the proper authority to to enforce our immigration laws. Why, if Arizona is taking advantage of the same law at the state level, has the federal law not been deemed racist?

Here is what 8 United States Code Section 1373(c) says:

(a) In general

Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual.

(b) Additional authority of government entities Notwithstanding any other provision of Federal, State, or local law, no person or agency may prohibit, or in any way restrict, a Federal, State, or local government entity from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
        (1) Sending such information to, or requesting or receiving
      such information from, the Immigration and Naturalization
      Service.
        (2) Maintaining such information.
        (3) Exchanging such information with any other Federal, State, or local government entity.

(c) Obligation to respond to inquiries The Immigration and Naturalization Service shall respond to an inquiry by a Federal, State, or local government agency, seeking to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law, by providing the requested verification or status information.

If Arizona's new immigration bill is so racist, why is 8 United States Code Section 1373 not just as racist as SB 1070? I just don't understand it.

The truth of the matter is that the federal government does not want to enforce our immigration laws. The truth is that “comprehensive,” the word so often used by our federal government with regard to just about any issue whether it be health care or illegal immigration, really means “all.” As Victor Davis Hanson says “'Comprehensive' is a euphemism for amnesty.” He is exactly right.

I don't favor amnesty, but I do favor legal immigration. I support finding the criminals (drug traffickers, human smugglers, gang members or anyone with an extensive crime record) within the population of the current illegal immigrants and deporting them. I support building a wall that separates Mexico from the United States, that stops the flow of illegal immigrants and keeps people out. I support making it easier to come into this country to find work and to raise a family legally. I support the death of stupid laws that do not make the former possible. I support getting people that have already waited in line into the country legally. Because I am a pragmatist and I recognize that deporting nearly 10 million people is virtually impossible, I support finding a way to help those who have already illegally arrived in this country. We need a system that forces them to pay for their crime of illegal entry, and allows them to stay in the country if they are willing to pay for their crime. I also support automatic citizenship for anyone that is willing to fight and die for our country.

That is not radical, racist or xenophobic. I want our country to continue to be a country of immigrants, but I want them to come here legally. I also want them to become Americans, not Mexican Americans or Chinese Americans. I want them to be one of us. I want to welcome them to this country, as my relatives were welcomed in 1910 and show them what freedom and liberty is in this great Republic.

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