Byron York writes about the law in the Washington Examiner. (H/T ECM)
Excerpt:
Contrary to the talk, it is a reasonable, limited, carefully-crafted measure designed to help law enforcement deal with a serious problem in Arizona. Its authors anticipated criticism and went to great lengths to make sure it is constitutional and will hold up in court.
[…]The law requires police to check with federal authorities on a person’s immigration status, if officers have stopped that person for some legitimate reason and come to suspect that he or she might be in the U.S. illegally.
[…]Critics have focused on the term “reasonable suspicion” to suggest that the law would give police the power to pick anyone out of a crowd for any reason and force them to prove they are in the U.S. legally. Some foresee mass civil rights violations targeting Hispanics.
What fewer people have noticed is the phrase “lawful contact,” which defines what must be going on before police even think about checking immigration status. “That means the officer is already engaged in some detention of an individual because he’s violated some other law,” says Kris Kobach, a University of Missouri Kansas City Law School professor who helped draft the measure. “The most likely context where this law would come into play is a traffic stop.”
Why was this bill passed? Here’s a hint.
Excerpt:
Three Border Patrol agents are assaulted on the average day at or near the U.S. border. Someone is kidnapped every 35 hours in Phoenix, Ariz., often by agents of alien smuggling organizations. And one-in-five American teenagers last year used some type of illegal drug, many of which were imported across the unsecured U.S.-Mexico border.
These facts are reported in the recently released National Drug Threat Assessment for 2010, published by the National Drug Intelligence Center, a division of the U.S. Justice Department.
Mexico has been complaining about the tough bill, but the bill is much, much less tough than Mexico’s own harsh anti-illegal-immigration laws.