Arizona's Goin' Rogue

So we all have heard about SB 1070 - the law Arizona has just passed, permitting law enforcement officers to challenge any individual at any time, demanding proof of identity.

To quote the New York Times: "The law, which proponents and critics alike said was the broadest and strictest immigration measure in generations, would make the failure to carry immigration documents a crime and give the police broad power to detain anyone suspected of being in the country illegally."

Many support this law as at least some form of response to the flood of illegal aliens crossing the border in search of employment. (When they find it, it often involves working for very low wages cleaning the houses and mowing the lawns of 'real' Americans who are very happy to underpay someone to make themselves look pretty.)

I say this law is not the way to stem the tide. I say this law is dangerous.

Police states start somewhere, usually with a broadly worded law permitting law enforcement officers to demand that any citizen at any time to prove his identity. Such laws beg exploitation and can devastate a community. The direct objects of the law, i.e. Hispanics, are up in arms about the inevitable racial profiling and discrimination this law enables. However, let's not be naive. It will not be just Hispanics (or swarthy folk of other nations) who will face constant fear that at any time they might be pulled over. Who's to say that the police will stop there? Any of us is vulnerable to inconvenience at best, and harassment or false accusation at worst.

This law gives any individual policeman unwarranted authority over the populace. How can we be sure they will be capable of resisting the temptation to exploit their powers -- to harass people, punish irritating neighbors, extort goods and services, deny people access to facilities, or stalk individual objects of their desire? How can we adequately protect the populace against a 'rogue' cop who willfully accuses someone of having the ‘wrong’ papers, or insufficient i.d.? Who will supervise the police and ensure that they follow procedure and only demand i.d. for 'just cause?'

What will be the mechanism by which proof of citizenship will be accepted or denied? Will the policeman’s word be sufficient cause for legal action? What is the fate of the accused -- will they immediately be dragged off to jail and prosecuted? Immediately deported? What will be their recourse to defend themselves and prove their legitimacy? Will they have to go to court? If so, who pays? And what is the fate of the accused while they await their day in court? Will they be allowed to work?

This is loophole city, people. It is dangerously broad, giving a group of men and women (with guns!) the right to run roughshod over the community. We are all at risk with this law, as is the very idea of what it means to live freely.

There are legitimate issues with regard to illegal immigration which need careful attention. This law does not properly address them.

Debut

Watch this space.