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Much silliness has followed Arizona passing this law. Most of it, as usual, stems from an unwillingness of our Media-Industrial Complex to do their job, which is providing context and facts, that lead to actual understanding. Here is the real deal: First off, it has always been illegal to be in the United States illegally. Currently, enforcing that law is the province of the Federal Government, specifically that part of the Department of Homeland Security called the Immigration and Customs Enforcement (ICE). Like the INS before them, ICE is empowered to detain and arrest, with probable cause, those who are here illegally, and to deport them. In this respect NOTHING HAS CHANGED. Probable cause until now, and probable cause/reasonable suspicion in the future. If police can't stop anyone for anything ever, they can't do their jobs. The cry of "La Migra" has long sparked fear among those who had cause to fear it, which is as it should be. Manifestly, ICE has not been doing its job in Arizona. Human and drug trafficking, and associated crimes and costs--such as providing schooling, medical care, and social services for people who have paid no taxes--continue to rise. What this law does is make it a STATE--not a Federal, but a STATE--crime to be in the STATE illegally. This law does not affect California or Texas, among others. Until now, Arizona Law Enforcement Officers could pull an illegal over, get handed a Mexican Driver's License, and only issue a citation for the actual moving violation and lack of a valid ID, knowing full well it would likely never get paid. Now, they can issue an additional misdemeanor citation for being here illegally. This involves a $500 fine, and up to six months in jail. They have no right to deport anyone, which remains an issue for the Federal Government. They do remand them to Federal custody, though, which is quite reasonable. Why would we release people we know to be here illegally? No civil rights are violated. Police still have to have reason to believe some other crime has been committed. Here is the actual text: "FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY 21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS 22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS 23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, 24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE 25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT 26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c)." Note that it says "for any lawful contact". They are not turning into people whose SOLE concern is with illegal immigration. That remains with ICE. And proof of citizenship is no different, for most of us, than providing our drivers license. You cannot get a valid drivers license without being in the country legally, either as a citizen, or authorized alien with a visa or green card. Further, this law punishes employers who knowingly (or with "reckess disregard to citizenship status) hire illegal aliens. Up to ten is a misdemeanor; more than ten is a felony. This obviously is intended to diminish for everyone the potential advantages of working here illegally. As things stood, even when ICE did their job, people would come right back across, after costing taxpayers a lot of money on hearings and paperwork. Now, money can be collected from people directly, and they are hurt directly. This may well create a stronger disincentive than the previous revolving door. Time will tell. It should be added, too, that Mexicans already have a country. They are not refugees. They are leaving a country which is not generating jobs and wealth for one that is. It is not our fault that their system is not working, nor is it our responsibility to fix their problems. They need to fix their own problems, and it may well be that if America loses its glamor, more calls will arise in Mexico to create a system that works. That may be why the government of Mexico is in effect asking us to ignore our own laws: it takes pressure off of them. The other possible reason, of course, is also that a lot of cash flows from here to there. It should also be noted in that regard that an illegal alien in Mexico--say a Guatamalan or Honduran trying to sneak north--can be put in jail for two years, so the hypocrisy there is deep and thick. In sum: this law represents the increasingly uncommon victory of common sense, and it is borderline criminal how abusive the media and left wing have been to the truth on this issue. If you'd like to read the actual bill, click on Lady Liberty. It's a bit clever. Among other things, illegals are charged with trespassing. |
Real Immigration Reform |