Why We Ask: Our mission and operations are funded 100% by conservatives like you. Please help us continue to extend Liberty to the next generation and support the 2024 Year-End Campaign today.

June 24, 2010

US, Mexico Agree To Act on Illegal Immigration – By Suing Arizona

U.S. Attorney General Eric Holder questioned the constitutionality of Arizona’s new immigration law – before admitting he hadn’t read it. Secretary of State Hillary Clinton just confirmed that the feds plan to sue to stop the law. And Mexico, whose president said Arizona’s law “opens a Pandora’s box of the worst abuses in the history of humanity,” recently filed a brief in U.S. federal court to side with the law’s opponents.

Is Arizona’s law, scheduled to go into effect next month, an unconstitutional assault on all things moral and decent? How else to describe the over-the-top reaction to – and the often completely false description of – the law by people who apparently neither read nor understood it?

A New York Times sports writer, for example, said, “The law makes the failure to carry immigration documents a crime and directs the police to question people about their immigration status and demand to see their documents if there is reason to suspect they are illegal.” Federal law already requires that noncitizens carry documents to prove that they are in the country legally. Arizona makes failure to do so a state crime.

What does the Arizona law direct the police to do?

The law says: “For any lawful stop, detention or arrest … where reasonable suspicion exists that the person is an alien … a reasonable attempt shall be made … to determine the immigration status of the person.” This means that if you a) are lawfully stopped and b) a cop reasonably believes you may be here illegally, then c) the officer will check into your status. That’s a lot of hoops to jump through.

What is a “lawful stop”?

Lawmakers added an explanatory note to the Arizona law. It says, “A lawful stop, detention or arrest must be in the enforcement of any other law.” This is important, and it’s ignored or mischaracterized by some of the law’s critics. The “lawful stop” – which may trigger a further inquiry about a person’s status – must be for reasons other than a suspicion that one is here illegally.

What constitutes “reasonable suspicion” that the person is an illegal alien?

The Supreme Court has defined “reasonable suspicion” as “common-sense” factors that an officer must be able to explain. It cannot be a mere hunch. A bad cop can abuse any law. And yes, there are gray areas in this one. But officers operate under this kind of imprecision every day.

Can a person be stopped because he or she “looks” Mexican? Again, the stop must be for a reason other than a suspicion of illegal entry. But after a lawful stop, can “looking Mexican” trigger the suspicion of illegality? The law says: “A law enforcement official … 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.” Ethnicity or race can be a factor if coupled with, for example, the commission of a traffic offense while having no driver’s license or other government-issued ID and not being able to speak English.

What proof must be shown?

The law says proof of legal residence can be an Arizona driver’s license, an Arizona-issued ID, a tribal ID or a federal, state or local government-issued ID.

U.S. Attorney General Holder says the Arizona law “has the possibility of leading to racial profiling.” To repeat, racial profiling – using race or ethnicity as the sole criterion – is illegal under U.S. and Arizona law.

Seventy-three percent of Americans approve of “requiring people to produce documents verifying legal status.” Sixty-seven percent approve of “allowing police to detain anyone unable to verify legal status.” And 62 percent believe in “allowing police to question anyone they think may be in the country illegally” – which goes even further than does the Arizona law.

Yes, illegal aliens are humans. They also broke the law and cut in front of others who are trying to come here legally. Most illegal aliens from south-of-the-border countries are “unskilled.” They compete against unskilled Americans – often while taking advantage of taxpayer-provided education, health care and other benefits.

Many Americans are open to increasing legal immigration and to a temporary worker program – but the debate is pointless without secure borders. The Arizona-Mexico border remains porous and dangerous. And nearly half of illegal aliens enter legally but overstay – with little or nothing done to keep track of them.

How does Mexico treat illegals in its country from Central American countries? The president of Mexico’s National Human Rights Commission once said, “One of the saddest national failings on immigration issues is the contradiction in demanding that the North (the United States) respect migrants’ rights, which we are not capable of guaranteeing in the South.”

Where’s Guatemala’s lawsuit against Mexico?

COPYRIGHT 2010 LAURENCE A. ELDER
DISTRIBUTED BY CREATORS.COM

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.