Going Back to Basics in Arizona

Many people view Arizona's new immigration law as codified hatred against specific groups based on nationality, ethnicity or appearance. They note that some of the stated methods of determining whether a person's nationality should be checked — such as literacy or accents — may cause native-born U.S. citizens to be questioned or even arrested if they don't have proof of citizenship.

Seven court challenges have been filed against Senate Bill 1070, which requires Arizona law enforcement agencies to enforce federal immigration law. Last week, U.S. District Judge Susan Bolton stopped some provisions from taking effect, but noted that because SB 1070 is not a freestanding law but a set of additions and amendments to other laws, she could not issue a blanket injunction.

Her order blocks a requirement that officers automatically check a person's immigration status when enforcing other laws. It also blocks warrantless arrests of suspected undocumented immigrants and a requirement that all immigrants carry proof of legal residency at all times.

Judge Bolton noted that the way the bill is written, police will be required to check immigration status for all contacts, "including jaywalking, failing to have a dog on a leash, or riding a bicycle on the sidewalk."

The judge noted correctly that while the law ostensibly targets illegal immigration, its goes well beyond that, since it "burdens lawfully present aliens because their liberty will be restricted while their status is checked."

Mandatory evaluation of every arrested person's immigration status, she noted, would have the effect of "increasing the intrusion of police presence into the lives of legally present aliens (and even United States citizens), who will necessarily be swept up by this requirement."

The judge accepted federal arguments that by imposing state penalties that aren't imposed elsewhere, the bill leads to an unequal application of federal law.

In creating laws that can't be enforced without reducing the freedoms and rights of people who have not violated any law, Arizona has shown little regard for the rights of people who are here legally.

Recognizing this, Judge Bolton raises hopes that she will preserve the basic rights upon which our country was founded — rights that our Founders asserted were innate, and not affected by nationality.

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