Friday, July 16, 2010

Arizona Law and Illegal Aliens

OK, I gotta weigh in. At first blush, it seems incredible the President, the Attorney General, and the Homeland Security Director have or had not "read the Arizona law" You know the one. The one which says that local state law enforcement can enforce a state law which makes it a crime to be an illegal alien in the State of Arizona.

Now, do any of you really believe the above high ranking federal officials had not read the Arizona law when asked if they had?. Of course not. They read it. They, in a calculated stance said they had not. Now why would they do that?. Well, it seems to me the clear and unambiguous reading of the law makes several factors clear as day. First, cops cannot ask a person about their status on the basis of race. Second, cops cannot ask about their status unless there is at least a constitutional basis for the persons detention concerning a possible violation of an unrelated law. By constitutional basis I mean at least "reasonable suspicion" the person has or is about to violate a law. Period. A suspected illegal alien cannot be detained solely to inquire about their status in this country. There has to be another legal basis for the detention or arrest. In fact, a careful reading of the Arizona law makes it clear the law enforcement contact cannot even begin as consensual to then ask about their legal status in the country.

So, back to why all these federal officials say they have not read the law. Well, it seems clear to me that had they admitted to having read Arizona's law would place them in a position to defend their broad and sweeping statements the law encourages profiling. So why say they haven't read it?. It is because they cannot defend their position in logic. They cannot win a debate on the issue. They will be forced to admit the law does not do any of the evil crap they say it does.

The main stream media is no better, and they will not ask these officials why, in the face of the clear language of the statute they say what they have said. Instead, it has become a lie told often enough, may Americans believe it. Don't you believe for a second they didn't read the statute. They have, they just cannot defend their position if they admit they know what the law says.

Now, is it constitutional?. Well, it should be. It does not violate any federal statute. In fact, it mirrors the federal statute at issue. And, the Supreme Court long ago found it constitutional for a state to pass immigration laws. What will happen is any ones guess. The supremacy clause is not the real issue and the feds know it. We won't know how it will end until the Supreme Court rules and the local federal trial and appeals court decisions mean little on the way up.

The bottom line is any lawyer, hell any non lawyer, can read the Arizona alien statute and come away with the same conclusion. It does not allow a detention unless there is a lawful independent reason for a detention. Read it yourself..... just don't say you haven't to avoid a debate in the issue...like many of our "leaders" have done.

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