Judge Bolton is Wrong
Wednesday, July 28th, 2010I was just reading some blurbs on the immigration subject. Someone was asking why the judge’s ruling was wrong. Let me start with the actual text of the law that was struck down by Judge Bolton.
“Portion of Section 2 of S.B. 1070
A.R.S. § 11-1051(B): requiring that an officer make a reasonable attempt to determine the immigration status of a person stopped, detained or arrested if there is a reasonable suspicion that the person is unlawfully present in the United States, and requiring verification of the immigration status of any person arrested prior to releasing that person.”
Why is she wrong for striking this down? She is wrong because the wording that the legislature of the State of Arizona used was carefully chosen. The term "reasonable suspicion" is nothing more than saying that a police officer has the right to question someone if something just doesn’t seem right with the situation. Here is an example for you. Suppose a police officer, working just a mile or two from the border, sees a car traveling, at night, with its lights off and 7 or 8 people stuffed into a tiny beat up car. Remember, this is hypothetical. Suppose that the police officer stops the car for failing to turn on their headlights. The officer, using standard procedures that are used, I believe, in every state, asks for the driver’s license. The driver is unable to present a valid driver’s license that belongs to any state. At this point, I have made no mention what the color of the person’s skin is. For my example, let’s say that the person’s skin color gives them the label of “white” and the other people in the car can also be labeled as "white." Oh, I forgot to mention, this was the border between Minnesota and Canada. This judge is basically saying that police officers cannot use their best judgment to determine if someone is legally in this country or not. The fact is that the example I gave you was for human smuggling from Canada into the US. Based on the smack down of the Arizona law, the officer would not be allowed to question the immigration status of the driver or the occupants. Because of the inability of our laws to allow police officers to use their best trained judgment, 5 women are now working as sex slaves. If you are thinking that the officer would see two men with 5 women and they should know that something is wrong well you have just profiled these two men.
The fact is that police officers need to make judgments every day. Some are right and some are wrong. The broader question was whether or not it is an infringement on someone’s civil liberties if they are forced to have some identification as to who they are. In my opinion, I don’t believe that we should have to prove, at any time “who” we are (i.e. “Let me see your papers!”) but I believe that need to be “able” to prove it at some point “who” we are. For me, I have a birth certificate from the State of California, in a file cabinet, to my immediate left. I have my Social Security card in the same cabinet and my driver’s license in my wallet. Have I ever been asked for these? Actually, yes! As a matter of fact, within the last week I have had to present all three of them at one point and all I was doing was going to the doctor. All the doctor was doing was making a “reasonable attempt” to see if I 1.)was who I said I was and 2.) able to pay for the services.