Case in point: Palin and Hannity say that the new Arizona "Papers Please" Law has nothing to do with "Racial Profiling"... except that of course, it does.
"Thankfully, Byron York, he hit the nail on the head," Palin told Sean Hannity of Fox News on Tuesday. "There is no ability or opportunity in there for the racial profiling. And shame on the lamestream media again for turning this into something that it is not."
"Governor Jan Brewer did what she had to do as the CEO of that state to help protect the citizens of her state," Palin continued. "I think it's shameful too that the Obama administration has allowed this to become more of a racial issue by perpetuating this myth that racial profiling is a part of this law."
In a column for the conservative Washington Examiner on Monday, York had described the Arizona law as "a reasonable, limited, carefully-crafted measure" that merely "requires police to check with federal authorities on a person's immigration status, if officers have stopped that person for some legitimate reason and come to suspect that he or she might be in the U.S. illegally."
Despite York's claims, however, the new Arizona law offers every opportunity for racial profiling, since it influences who will be chosen by the police for a "lawful stop." As explained at Commonweal Magazine, the "assurance that the 'law does not authorize unlawful stops' is only comforting if you ignore the breadth of the category of 'lawful stops.' It is perfectly lawful for a police officer to simply approach you on the street or in the grocery store or enter a bus you are riding and, for no apparent reason, engage you in conversation. Once he does, anything you say or do that gives him 'reasonable suspicion' that you are an illegal immigrant requires him to force you to show your proverbial 'papers.'”
Oh, I see - because Byron York says you can't just stop anyone on the street without any reason other than "suspicion" then it's just "Fine and Ok" then?
Except that's not what the law says thanks to The Google and you're basic handy dandy Popiel-O-Matic PDF Reader.
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).
E. NOTWITHSTANDING ANY OTHER LAW, A PEACE OFFICER MAY LAWFULLY STOP
ANY PERSON WHO IS OPERATING A MOTOR VEHICLE IF THE OFFICER HAS REASONABLE
SUSPICION TO BELIEVE THE PERSON IS IN VIOLATION OF ANY CIVIL TRAFFIC LAW AND THIS SECTION.
I'm not a lawyer, but I'd say Byron is wrong.
Not only does this law involve "Any lawful contact - where reasonable suspicion exists" (whatever THAT is, maybe shoes) - you must also note that it is not limited to Law Enforcement, but includes any "Agency of this State, County, City or Town". This is further illustrated by the sections which talk about attempt to access state services.
- 1 -
F. 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 OF
ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES: 45
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. CONFIRMING THE IDENTITY OF ANY PERSON WHO IS DETAINED.
4. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN
COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
This means County Hospitals, Locals Schools, even the local Licensing Boards for Hunting and Fishing - all have authority to gather and share information about anyones immigration status.
They just turned every State, County and City employee into a Narc. Anytime, at any moment, ANY citizen who is even remotely "suspicious" looking, or simply tries to access government services can be required to verify their immigration status on the spot or face possible arrest and detention.
Further, what recourse does anyone have if the Officer makes an "Unlawful" Stop? Isn't that something that would have to be argued in court, after you've already been apprehended and held?. What good is pointing out that the stop was illegal going to do you for getting that lost jail time back, which at a minimum could be days even you it turns out you aren't an illegal, but simply didn't have proof on hand?
Additionally if an agent of the state Fails to inquire and investigate someones legal status - that agent may be subject to a Civil Suit.
G. A PERSON MAY BRING AN ACTION IN SUPERIOR COURT TO CHALLENGE ANY OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE THAT ADOPTS OR IMPLEMENTS A POLICY THAT LIMITS OR RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.
Every Sherrif in Arizona, is now Joe Arapaio. Every County Clerk is now their Snitch. This is NOT Optional. It is not a request. It is Mandated.
That's about as far from a "a reasonable, limited, carefully-crafted measure" as you can get. Not only that, but this new law turns anyone found to be in the state illegally into a Trespasser under violation of State Law.
Sec. 3. Title 13, chapter 15, Arizona Revised Statutes, is amended by adding section 13-1509, to read: 39
13-1509. Trespassing by illegal aliens; assessment; exception;
classification
A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
TRESPASSING IF THE PERSON IS BOTH:
1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
Again, I'm not a lawyer - but I really have to question the Constitutionality of creating a State Law that is dependent on someone violating Federal Law before there has been a trial to verify that Federal violation.
But y'know there's nothing Racial about any of this, except the fact that this entire Law was written by a White Supremacist.
Sometimes there really aren't "Two Sides" to an issue, very often there's simply the Truth vs a bunch of Fracking Fairly Unbalanced BULLSHIT like what York, Hannity and Palin are currently spewing up.
I don't think that Hannity and Palin are themselves Racists, I actually think they're something worse - they're willing aiders and abettors of blatant racism. They attempt to Excuse, Rationalize and Justify it - then when the get caught they play the "Victim" Card faster than a Hustler game of three-card Monty.
This law is a Wingnut Wetdream, and will ultimately prove a horrible disaster for Arizona. It's true we do have major immigration problems in this country, but turning ourselves literally into a Paranoid Police State can't possibly be the answer.
Vyan
No comments:
Post a Comment