Arizona’s lawmakers and its governor are being unjustly condemned for stepping up to the plate to do the federal government’s job of controling illegal immigration
. I would be first in line to condemn this law if in fact it did what the liberal drive-by-media, talking heads, ill informed elected officials and open-borders crowd claim.
Their continuous wailing about human rights violations, racism, unconstitutionality and other such pronouncements are just flat wrong. I predict SB 1070 will be found to be legal and many other states will follow suit.
I have heard all their arguments before as we defended and prevailed at every level of the court system all the way to the U.S. Supreme Court on Proposition 200—Protect Arizona Now—Arizona’s very first effort in 2004 to control illegal immigration and require proof of citizenship in order to vote in Arizona.
As the chairman of the Yes on Prop 200 Committee, I learned firsthand how the courts worked and that what the attorneys for La Raza
, ACLU and MALDEF argued in press conferences had no standing in a court of law. Similar to Proposition 200 and many other immigration laws passed, adjudicated and now enforced in Arizona, the new immigration law was drafted to concur with the federal law.
Its real intent is to require cities to enforce federal immigration laws at the local level.
The law starts with the following statement: “No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.”
For too long, many local elected officials have turned a blind eye to the problem of illegal immigration, restricting the ability of police officers to enforce federal immigration laws. Their excuses are legion, ranging from: “it is the federal government’s job” to “illegal aliens will not report crimes for fear of being deported.”
The latter is the excuse most favored by law enforcement officials to justify why they don’t enforce the law. It sounds plausible but there is no statistical evidence to support it. Every day, thousands of crimes are reported by illegal aliens to police officers across the country and the last thing they are worried about is their legal status.
If Arizona’s law is unconstitutional based on the clause in the 4th Amendment prohibiting unreasonable searches and seizures then so is the federal law. As has been noted recently by a number of writers, the idea of “reasonable search” is an evolving legal concept, but has existed in the law for decades.
SB 1070 is very clear on the matter of racial profiling: “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.”
In order to make this even clearer that racial-profiling is unacceptable, lawmakers modified this last phrase by deleting the word “solely” on the last day of the legislative session. Racial profiling will not be tolerated.
Already, in a number of states, similar laws are being considered including: Utah, Georgia, Colorado, Maryland, Missouri, Texas, North Carolina and Oklahoma.
So why do the Democrats and the left seem so agitated? Well, it’s political season.
With midterm elections looming, the Democratic Party in disarray, Republicans leading in generic polls for the first time in years, and Democratic prospects looking dim, they are grasping for anything to unite and energize their base.
President Obama has as much as indicated this in his recent statements condemning as “misguided” Arizona’s efforts to rein in an out-of-control border and urging the Democrats they need to come together.
Democratic leaders are playing with a ticking time bomb. Once the general populace understands that Arizona’s law is reasonable, this issue will blow up in their faces. The harder and longer they bellow, the sillier they will look and the more it will drive voters to elect Republican candidates this November. Let’s hope they don’t wise up before the elections.