I've read it, too, and while I'm not a lawyer, I think KLP's interpretation is misguided. The new law, on page 2, says:
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
Now, that doesn't seem like such a big deal until you realize that being here illegally, by itself, makes a person "removable" and then you try to define probable cause for believing someone to be here illegally, which was my point before.
Verifying immigration status of people detained for some other lawful reason (where a valid drivers license or other ID might be required) is, IMO, not an issue. But when you start pulling people over (or stopping them on the street) solely on suspicion of being here illegally, what constitutes probable cause becomes a sticky question.
Similarly, the law allows (same page, lines 20-26) law enforcement to demand proof of immigrations status upon "any lawful contact" if "reasonable suspicion exists" that the person is here illegally. "Lawful contact" is way broader than "lawfully detained" (e.g. when one is stopped for some traffic offense). "Lawful contact" would include, for example, a person reporting a crime (which is the issue reportedly raised by a number of law enforcement agencies in AZ). And defining the basis for "reasonable suspicion" is much murkier than defining probable cause for arrest. What is "reasonable suspicion"? Set that bar low enough and police can demand proof of immigration status from virtually anyone they happen across, then if they can't provide it on the spot, call that probable cause for arrest.
And try to define "probable cause" or "reasonable suspicion" in this context without reference to (apparent) race, ethnicity, or national origin.
If/when this goes to court, and eventually to the SCOTUS, I would not be at all surprised to see the conservative justices having serious issues with this law or, at least, with the application of it that leads to the court case.
BTW, the law also makes it a crime, regardless of immigration status, to be a day laborer if you are picked up on a public street, but that's another matter. |
