Obama Considers Lawsuit Against Arizona Immigration Law
Minneapolis protest against Arizona immigration law SB 1070 by Fibonacci Blue on Flickr
In addition to the “Birther Bill” making its way through the Arizona legislative process, the state has been in the news recently for an immigration law that requires police to stop and ask for documentation from anyone they have “reasonable suspicion” to believe is an illegal immigrant. Previously, the law prohibited officers from asking for documentation unless the person were also suspected of another legal infraction.
Opposition to the law has been fierce across the country, but now criticism is coming from the highest ranking officials in the country, including President Obama.
While visiting Iowa, Obama recently said to the crowd, “Now, suddenly, if you don’t have your papers, and you took your kid out to get ice cream, you’re going to get harassed — that’s something that could potentially happen . . . That’s not the right way to go.”
Attorney General Eric Holder has stated that “the possibility of a court challenge” is on the table.
Proponents of the law point the failure of the federal government to control illegal immigration; indeed, GOP lawmakers have now called for the National Guard to be placed on the Mexican border.
On the other hand, politicians on both sides of the aisle from New York City Mayor Michael Bloomberg (Republican) to U.S. Rep. Raul Grijalva (Democrat of Arizona) have criticized the bill, which essentially requires migrant workers (and anyone who looks Hispanic) to carry identification with them at all times.
The basis of the criticism lies in our Fourth Amendment: “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Critics say that by encouraging police questioning of anyone they reasonably suspect to be illegally in the country exposes Hispanics to racial profiling.
What do you think of this law? Is it an effective way to control illegal immigration or a state sanction of racial profiling? Or is it something in between?
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If the Federal government is either unable or unwilling enforce the laws it has passed, then the responsibility falls to the States to then do so. If the Federal government then makes it a crime to enforce the laws it has passed, then there is a problem in our Federal government and the law either needs to be repealed or the Federal government needs to be held accountable for the decision it has made, to not uphold the law and protect the lives of U.S. citizens from foreign entities. In the case of Arizona, this could be defined as the Mexican drug cartels which have proven to be more powerful than the Mexican government and have no concern over international bounderies.
The game of “what ifs” the left has been spewing as the rational for opposition to the Arizona bill can be played into oblivion. What is needed, is action, and it looks like Arizona is doing so while those in Washington are more interested in scroring political points without actually doing anything.
Charles
28 Apr 10 at 10:55 am
Thanks for sharing your view, Charles; what the federal and state governments are responsible for is certainly one important aspect of this issue. Indeed, we’re likely to see a constitutional challenge of this law; here’s a great discussion: Is Arizona Immigration Law SB1070 Unconstitutional?
Michelle Fabio
29 Apr 10 at 7:33 am
Isn’t this law basically a copy of existing federal law? Obviously the people of Arizona are alarmed at the rate of illegal immigrants that are spilling over their border with Mexico into the state. So what are they to do? Just sit back while the whole state implodes? It is clear the feds have no intention of honoring their duty to secure the border. So Arizona has to take these measures. It is a sad situation all around.
Yolanda Smith
26 May 10 at 9:20 am
Thank you for coming by and commenting Yolanda. The big difference with this new law is that now people can be stopped in Arizona for no reason other than the fact that the officer reasonably believes they are illegal. The question that those against the law have is what makes for reasonable suspicion, i.e., what exactly will the officers base their suspicions on if not external appearances? So, the argument goes, at that point, officers are essentially stopping people because they “look” like illegal immigrants…which logically can include a lot of American citizens as well.
Michelle Fabio
26 May 10 at 9:46 am
There is nothing wrong with the new law. If the federal government would do their job, there wouldn’t have been such drastic measures taken.
Juanita Baish
27 May 10 at 1:27 am
Thank you for coming by and sharing your thoughts, Juanita!
Michelle Fabio
27 May 10 at 8:27 am
It is a joke that Obama is considering suing Arizona. Perhaps he should go back to his inauguration during which he swore to uphold and defend the Constitution of the United States and to defend it from enemies both foreign and domestic. It seems to me that Obama, by pandering to illegal immigrants has abrogated the very duties he swore to uphold and defend and so I believe that each and every state should be suing the Federal Government for failure to act when required by law.
It is not Obama’s job to determine which laws he intends to uphold and which ones he does not consider valid, that is why we have three branches of government. What he is doing amounts to a power grab that is unconstitutional and illegal.
What he does do very well is sugar coat everything he says so it appears as though he is operating in our best interests, but it is clear that he only does things that he think will help his chances for reelection and nothing else.
In fact, if one were to analytically look at each move he has done since he has taken office, I believe we could come up with a reasonable case to file charges of Treason against him.
Bob Plugh
28 Jul 11 at 6:09 am
The basis of the criticism lies in our Fourth Amendment: “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” Critics say that by encouraging police questioning of anyone they reasonably suspect to be illegally in the country exposes Hispanics to racial profiling.
….It subjects us all to racial profiling.
Charles
4 Mar 12 at 8:47 am