04-30-2010, 03:55 PM
The crux of the problem with the AZ law is that "reasonable suspicion" and that they are attempt to seize jurisdiction over a border that is not entirely the border of their state.
The U.S. - Mexico border is federal jurisdiction because it extends across more than one state, not just AZ. They have no right whatsoever to enforce the border laws between Mexico and CA, Mexico and NM or Mexico and Texas. To detain anyone with justification they should be required to prove that not only that the person did not have a legal right to cross the Mexican border, but that they crossed it directly into AZ. If this person is walking down a street in Phoenix there is absolutely no way one could REASONABLY suspect that they crossed into the U.S. 160 miles south of town.
Experience and records will prove that local law enforcement will however stop a darker brown skinned person on the streets of Phoenix more often than a light skinned Anglo for suspicion of criminal action.
Just because the law does not endorse racial profiling, does not mean that it is not already a de facto practice and this law will make it even more of a common practice.
I would hate to be a Native American who left the res to go shopping in a major AZ city these days.
Maybe the AZ law should be applied equally to anglos in their state. Force everyone within their juridsdiction to provide passports to prove they belong there unless the live on a Reservation. Something tells me the supporters of this law would do their best to rescind it quickly once put through that hassle.
As for an officer being able to stop anyone at anytime.... he better be able to justify it well if the person was simply walking down the street. There is no requirement for ID just to do that. Now if I get behind the wheel of a car, that changes. And carrying ID is definitely a good practice, but within the borders of the U.S. it is not a requirement unless you are NOT a citizen.
Only an open mind and open heart can be filled with life. ********************* Find your voice; silence will not protect you.
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