Quick, how are Japanese in America in the early 40s and modern-day Mexicans in Arizona the same? After Arizona Governor, Jan Brewer, recently signed into law the toughest bill on illegal immigration in generations, the door opened for law enforcement officials to racially profile and detain Hispanics if they “look suspicious”. Similar to how police rounded up Japanese Americans and shoved them into internment camps during World War II.
When Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (SB1070), she unleashed a barrage of immediate protest and future lawsuits—and rightfully so. Even if it goes all the way to the Supreme Court, the bill needs to be blocked before it takes effect, 90 days after the legislative session ends in August.
Nytimes.com states the purpose of the law in an article, April 24. “It requires police officers, ‘when practicable,’ to detain people they reasonably suspect are in the country without authorization and to verify their status with federal officials, unless doing so would hinder an investigation or emergency medical treatment. It also makes it a state crime – a misdemeanor – to not carry immigration papers. In addition, it allows people to sue local government or agencies if they believe federal or state immigration law is not being enforced.”
According to an azcentral.com article, Kris Kobach, a law professor at the University of Missouri-Kansas City School of Law said, “Arizona simply is taking action on what Congress already has deemed illegal, so the state is not infringing on federal authority or running afoul of the supremacy clause.” Kobach counseled State Sen. Russell Pearce, R-Mesa, the measure’s sponsor. Pearce stated that opponents of the bill misrepresented the potential for racial profiling and other abuses.
Critics say that state legislation takes precedence over national legislation, which gives this bill some credibility. However, the Supremacy Clauses begs to differ. The clause establishes the Constitution, Federal Statutes and U.S. treaties as “the supreme law of the land”. In U.S. v. Montero-Camargo, the court declared “race could not be used as a factor, even when other factors are present, to take a law enforcement action,” which SB1070 effectively mandates.
In addition, the Privileges or Immunities Clause of the Fourteenth Amendment to the United States Constitution, states: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States,” which happens to occur in this law. If a legal Latino U.S. citizen happened to be pulled over, then the law forces policeman to ask for his or her papers, “…if there’s reasonable suspicion”. This infringes on the privileges of citizens of the United States, by not treating them equally.
“This bill strengthens the laws of our state, protects all of us, every Arizona citizen,” azcentral.com quoted Jan Brewer, the governor of Arizona who signed the bill into law, Friday, April 23, as saying. “We cannot sacrifice our safety to the murderous greed of drug cartels.” That sounds a bit like racial profiling and stereotyping.
On the other side, an azcentral.com poll reports thousands of Americans find the bill unconstitutional. Even President Obama, called the law “misguided” in a cbsnews.com report, and instructed the Justice Department to examine the law’s implications. Before Brewer even signed the bill into law, in a televised address, Obama called it “irresponsible”, even going so far to call for a federal overhaul of immigration laws.
Additionally, Phoenix Mayor Phil Gordon told demonstrators, “The law is tearing us apart,” USA Today reports. He plans to ask for the city council’s approval to file a lawsuit to block the measure.
According to another azcentral.com article the government expects many more lawsuits and rightfully so. The bill demonstrates just how unjust the conservative government acts.
Why did Brewer even sign this bill into law? It can not have anything to do with the fact that she faces Republican primary challengers this summer can it? No, never! Even though Time magazine points out that two largest Latino districts in Arizona possess some of the lowest voter turnout rates in the country, why support a law that alienates Hispanic voters? To boost her conservative credentials?
Just as Japanese-Americans suffered from racial profiling during the Second World War, Gov. Brewer opened the doors for racial profiling to occur. The law basically requires it after all!
Even the president said the bill threatened “to undermine basic notions of fairness that we cherish as Americans…” How can a judge not agree? After all, presidents very rarely weigh in on state legislation.
Only one event can happen to stop this outrageous legislation from taking effect. Before 90 days pass, someone needs to sue and win, effectively putting an end to this. The case clearly looks to be a slam-dunk. The bill allows profiling and proves to be unconstitutional. Not to mention the fact that it violates the Supremacy Clause.
The solutions in this case clearly address the importance of upholding the U.S. Constitution. Before 90 days pass, Arizona city mayors need to sue the state for malfeasance. Before 90 days pass, police chiefs need to put a stop to this racial profiling. Before 90 days pass, all Hispanics ened to protest the Arizona Governor and legislature for their passage of such a racist law. “After all, facts do not cease to exist because they are ignored,” said Aldous Huxley, an English writer.
Max Dagelen
-Sports Editor
