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drewkittyWhen the Economist calls your state law "Hysterical nativism," something's going on.
"The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States."
In theory, rigorous enforcement of the law is a good thing, is it not? People who are unlawfully in the United States should leave or be removed, yes?
Not so much.
... and the combination of laws created by this legislation promises to show the Law of Unintended Consequences with a vengeance only heretofore seen in bad science fiction.
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
Taking away local discretion, and even that discretion encouraged by Immigration and Customs Enforcement, the Federal agency which enforces the immigration laws. ICE suggests a three tier system with the upper tier focused on aliens who commit crimes of violence. "The full extent permitted by Federal law" is turning the dial all the way to the right (so to speak) which even ICE does not do.
Unintended Consequence: violent criminals will be free to hide within immigrant communities; domestic violence and drug enforcement in these populations will effectively cease; and a total lack of cooperation from witnesses, informants and some members of the public will ensue. This includes but is not limited to a decrease in calling 911 when crimes occur. The police are no longer free to ignore the immigration status of a crime victim, or a witness, or an informant -- and this ability to look the other way on occasion is vital to police work.
Anyone of apparent Mexican or brown-skinned heritage in Arizona will become opaque to the criminal justice system. Ouch.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
This provision makes it impossible to do meaningful police work among populations composed of persons unlawfully in the United States. It will provoke anger, resentment and impatience among many persons lawfully in the United States to the detriment of law enforcement.
Unintended consequence: every possible alien will carry no ID, or fake ID, and be desperate to avoid police contact, willing to risk running from the police, and generally panicky. Many citizens and lawful residents of Arizona will either scrupulously carry ID and harass officers, or fail to carry any ID at all and harass officers, and much expensive litigation will ensue as the narrow line between complying with a state law and committing a Federal civil rights violation is defined by stupid case after stupid case. All of this will take away from police work targeted at violent criminals.
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.
Combined with the "turn 'em in to the Feds" and the "being an illegal alien completes the crime of trespass" provisions elsewhere in the law, this is the section that makes Arizona a potential police state. Probable cause is a fairly low standard. Not that the police want it to be that way. Not only are they commanded by law to do it, but there's another provision that makes it possible for private persons to sue the police if they don't follow this law.
Unintended consequence: every person stopped by police is a potential "runner" including white people (remember: Canadians illegally in the United States who have overstayed visas, etc.) and all contacts have to keep this in mind. Police will have to work in pairs (or larger groups) for officer safety against multiple subjects who do not want to be separated from their families.
"I need to see your papers" just became a valid police query in Arizona during any enforcement action, no matter how minor.
People adapt. The market in fake ID will be booming. Police will watch their back, already hamstrung by limited resources, afraid of being sued in all directions, and less actual policing will get done. Lawyers will be enriched. X number of illegals will be deported. Y number of human tragedies will take place. Z
The prices of everything will go up. The agricultural industry will have to shift crops to those which are less labor-intensive to harvest, and consumers will have to pay higher prices for produce. Ghettos will form where the police go only in large numbers and there is no effective law enforcement -- or emergency medical response, or mail service, as no other arm of the government can operate without heavy escort. The border will be less porous but more violent.
Other states will enjoy the dubious benefit of an influx of illegals. In the meantime, back in Arizona the theory that modern economies are dependent on sub-minimum wage labor will be tested.
Ultimately there will be a sign in the hotel bathroom: "Please use the cleaning supplies provided to sanitize your toilet for the next guest. Thank you."
"The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States."
In theory, rigorous enforcement of the law is a good thing, is it not? People who are unlawfully in the United States should leave or be removed, yes?
Not so much.
... and the combination of laws created by this legislation promises to show the Law of Unintended Consequences with a vengeance only heretofore seen in bad science fiction.
13 ARTICLE 8. ENFORCEMENT OF IMMIGRATION LAWS
14 11-1051. Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
Taking away local discretion, and even that discretion encouraged by Immigration and Customs Enforcement, the Federal agency which enforces the immigration laws. ICE suggests a three tier system with the upper tier focused on aliens who commit crimes of violence. "The full extent permitted by Federal law" is turning the dial all the way to the right (so to speak) which even ICE does not do.
Unintended Consequence: violent criminals will be free to hide within immigrant communities; domestic violence and drug enforcement in these populations will effectively cease; and a total lack of cooperation from witnesses, informants and some members of the public will ensue. This includes but is not limited to a decrease in calling 911 when crimes occur. The police are no longer free to ignore the immigration status of a crime victim, or a witness, or an informant -- and this ability to look the other way on occasion is vital to police work.
Anyone of apparent Mexican or brown-skinned heritage in Arizona will become opaque to the criminal justice system. Ouch.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
This provision makes it impossible to do meaningful police work among populations composed of persons unlawfully in the United States. It will provoke anger, resentment and impatience among many persons lawfully in the United States to the detriment of law enforcement.
Unintended consequence: every possible alien will carry no ID, or fake ID, and be desperate to avoid police contact, willing to risk running from the police, and generally panicky. Many citizens and lawful residents of Arizona will either scrupulously carry ID and harass officers, or fail to carry any ID at all and harass officers, and much expensive litigation will ensue as the narrow line between complying with a state law and committing a Federal civil rights violation is defined by stupid case after stupid case. All of this will take away from police work targeted at violent criminals.
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.
Combined with the "turn 'em in to the Feds" and the "being an illegal alien completes the crime of trespass" provisions elsewhere in the law, this is the section that makes Arizona a potential police state. Probable cause is a fairly low standard. Not that the police want it to be that way. Not only are they commanded by law to do it, but there's another provision that makes it possible for private persons to sue the police if they don't follow this law.
Unintended consequence: every person stopped by police is a potential "runner" including white people (remember: Canadians illegally in the United States who have overstayed visas, etc.) and all contacts have to keep this in mind. Police will have to work in pairs (or larger groups) for officer safety against multiple subjects who do not want to be separated from their families.
"I need to see your papers" just became a valid police query in Arizona during any enforcement action, no matter how minor.
People adapt. The market in fake ID will be booming. Police will watch their back, already hamstrung by limited resources, afraid of being sued in all directions, and less actual policing will get done. Lawyers will be enriched. X number of illegals will be deported. Y number of human tragedies will take place. Z
The prices of everything will go up. The agricultural industry will have to shift crops to those which are less labor-intensive to harvest, and consumers will have to pay higher prices for produce. Ghettos will form where the police go only in large numbers and there is no effective law enforcement -- or emergency medical response, or mail service, as no other arm of the government can operate without heavy escort. The border will be less porous but more violent.
Other states will enjoy the dubious benefit of an influx of illegals. In the meantime, back in Arizona the theory that modern economies are dependent on sub-minimum wage labor will be tested.
Ultimately there will be a sign in the hotel bathroom: "Please use the cleaning supplies provided to sanitize your toilet for the next guest. Thank you."
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no subject
Date: 2010-04-29 04:05 pm (UTC)All they want here is just an excuse to screw with people.
no subject
Date: 2010-04-29 10:18 pm (UTC)