On April 23, 2010 Arizona’s Governor, Jan Brewer, signed into law the “Support Our Law Enforcement and Safe Neighborhoods Act.” This Act is viewed to be the most restrictive and perhaps invasive legislation to “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”  If you haven’t read the 17 page bill I highly encourage you do so and have included links at the end for your convenience.  In it you’ll likely find aspects that you agree, oppose, feel are overreaching, or do not go far enough to achieve the goal of reducing the number of illegal individuals in the United States by making “attrition through enforcement the public policy”.

What follows is my take on the Arizona’s new law and only the law.

Just Right

1. Requires an alien unlawfully present in the U.S. who is convicted of a violation of state or local law to be transferred immediately to the custody of ICE or Customs and Border Protection, on discharge from imprisonment or assessment of any fine that is imposed.
2. Specifies that the trespassing statute does not apply to a person who maintains authorization from the federal government to remain in the U.S.
3. Specifies that it is unlawful for a person to do or attempt to transport or move an alien in Arizona in a means of transportation if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the U.S. in violation of law
4. Specifies that monies in the special GIITEM (Gang and Immigration Intelligence Team Enforcement Mission) sub-account are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to immigration.

These are but a few points in the new law I felt were in keeping with it’s stated goal.  I’m not arguing for or against expulsion as policy/solution to the issue of illegal immigration.  My focus here in how Arizona’s law is approaching it’s stated goal.  If that goal is reducing the number then those found in violation of this law should be processed and transferred as fast as possible.  Having them stay in Arizona jails only adds cost to the state’s prison system and, come on, why would they want to do that when there are federal agencies in place to handle illegal immigrants. Likewise, it only makes sense fiscally, that any monies collected through fines and penalties be used to offset costs incurred through enforcement.

Moving on.

Too Hot

1. Makes it against the law for someone to stop their motor vehicle on a street, roadway, or highway to hire or pickup passengers for work at a different location IF doing so impedes traffic. Likewise, it is unlawful to be the person getting into such a motor vehicle.
2. Makes it permissible for law enforcement to determine a person’s immigration status where reasonable suspicion exists that the person in question is an alien present in the US unlawfully and that verification will be with the federal government as defined in USC Section 1371(c).
3. Allows a law enforcement officer, without a warrant, to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.
4. A person is guilty of trespassing if the person is on any public or private land in the the state and is not carrying their alien registration card.

These in particular seem to go too far or are too broad in scope.  Suddenly it’s against the law to pick up a stranded motorist and give them a ride to work.  What determines traffic impediment?  In short anything that allows a human being, regardless of profession and training, to be placed in a position to make a judgment call leads to abuse at worse and inconsistency at best.  All these conditions are destined to become the landscape from which court battles will be fought.  The state senate could have done a much better job drafting this law.  Lastly, Arizona has become yet another to undo Sanctuary Laws in the US. Perhaps it’s the romantic in me but I feel that people, if they can reach religious institutions should still be able to request sanctuary.

Too Cold

1. Makes it against the law for someone to stop their motor vehicle on a street, roadway, or highway to hire or pickup passengers for work at a different location IF doing so impedes traffic. Likewise, it is unlawful to be the person getting into such a motor vehicle.
2. The attorney general or county attorney shall not investigate complaints that are based solely on race, color or national origin.
3. A person who knowingly files a false and frivolous complaint under this subsection is guilty of a class 3 misdemeanor.

Ok, first off, yes, I already listed the first as Too Hot, but it’s also too cold.  All of these provisions do not, in my opinion, go far enough to aid in the overall goal of this Law.  In the case of the first it’s not against the law to pick up illegals from your motor vehicle or get into said car if it’s not impeding traffic?  Does the fact that the new law single out race, color or national origin mean that other designations such as gender, sexual orientation, or religion are fair game?  Lastly, I think the penalty for filing false and frivolous claims need to be stronger to protect abuse.  It’s not far fetched that one individual use the law as a weapon against a rival individual or company.

[Update] – While I’m not claiming anyone in AZ read this post but someone must have taken a second, third, or greater look at this law and agreed that the clause identifying only race, color, and national origin as unsatisfactory reasons for investigation did not go far enough.  The fix?  Remove the word ‘solely’.  Thank you Odin1eye for sharing this article to my attention.

In the End

Regardless of one’s position on the issue of illegal immigrants the “Support Our Law Enforcement and Safe Neighborhoods Act” is a poorly drafted law.  One I am amazed managed to work it’s way to the Governor’s desk let alone signed into law.  If you read it you’ll find language that to me calls to mind the worst in civilized history.  Language that seems to encourage neighbor to turn against neighbor and distrust of those sworn to protect their residents.

I’ve the great pleasure of visiting close friends in Arizona.  It’s a great, breathtaking state.  I was there in April and it was incredibly hot.  The “Support Our Law Enforcement and Safe Neighborhoods Act” will only make it hotter.

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Full PDF of the signed legislation can be found here.

A “plain English” version on what the legislation is intended to do can be found here.