New Arizona Immigration Law a Disgrace to the Constitution

This has been expected for some time now, but Gov. Jan Brewer of Arizona has just signed into law an immigration bill that, among other things, will make it a legal requirement for all immigrants to carry their documentation and give law enforcement broad power to enforce it.

The crux of the bill relates to employment, trafficking and transportation of illegal immigrants. But the provision (the first section of the bill) that has a lot of people in a tizzy (including President Obama) is the new power bestowed upon the police.

Not to worry, however. Governor Brewer is aware of the potential for abuse of power:

She said that racial profiling would not be tolerated, adding, “We have to trust our law enforcement.”

She completely misses the point of how authoritarianism is born. The idea of a free society is that the people have inalienable rights that are neither granted them nor controlled by the government. These rights belong to the people. We trust law enforcement because we the people have the power. When you give too much power to the police, the door to distrust is thrust open and somewhere the power will be abused.

Here's another bit that caught my attention:

It requires police officers “when practicable” to detain people they reasonably suspect are in the country without authorization and to verify their status with federal officials, unless doing so would hinder an investigation or emergency medical treatment.

This is giving way too much wiggle room to law enforcement, it seems to me. What is a reasonable suspicion that someone is in the country illegally? How many legal and documented immigrants (not to mention both naturalized AND natural born citizens) do you think will be asked for "zeir papuhz pleaz"? I'm no friend to the Catholic Church at the moment, so you know something's amiss when I'm in perfect agreement with the Archdiocese of Los Angeles.

I know what people like my Dad would say: "If you're not doing anything wrong you've got nothing to hide." A very easy thing for a white man to say when he'll never have to put up with the kind of police harassment that is sure to be reported when this law takes effect later this year. What happens to citizens who aren't required to carry ID, yet "look like" immigrants? Will those people, unable to cough up a birth certificate or US passport on demand be detained and held in county jail until such documents can be produced?

Surely it's no accident that this piece of legislation was signed into law on Trash Day, a day when unpopular news gets dumped so fewer people will pay attention.

I'm not hyperventilating about this law. I have full confidence that it will be swiftly challenged and struck down in court. But I do think it's worth paying attention to and recognizing that the kind of thinking that completely misunderstands the Constitution and would seek to undermine it for personal gain continues to pervade. Don't travel to Arizona as long as this law is on the books. Don't give them the satisfaction of your tourist dollars.