Since its passage, Arizona’s new immigration law has rightly come under fire. Though it attempts to tackle a real problem, the legislation amounts to nothing more than legalized racial profiling. Unconstitutional by nature, it should face serious judicial challenges to prevent it from taking effect.
The bill was passed by the Arizona legislature and was signed into law by Gov. Jan Brewer on April 23. Underscoring the polarizing nature of the debate, it lacked support from a single Democratic legislator. The law has sparked national outrage and has been condemned by politicians from President Obama to Senate candidate Marco Rubio (R-Fla.) as the wrong approach to the immigration issue.
The statute contains an assortment of measures aimed at halting illegal immigration into Arizona and apprehending individuals residing in the state illegally. One of the most controversial components requires police officers to attempt to determine the immigration status of anyone for whom “reasonable suspicion exists that the person is an alien.” To prove citizenship or residency, individuals are obliged to carry documentation of their legal status; not being able to prove one’s legal status is a misdemeanor in itself.
The bill is especially troublesome because it mandates what amounts to racial profiling in the effort to prevent illegal immigration. Opponents of the bill are rightly concerned that it could logically lead to the questioning of any individual of Latino heritage in transit.
In theory, the execution of this law could create a de facto police state, as local law enforcement would have unprecedented authority to demand identification from residents, including those living in the United States legally.
Numerous constitutional questions surround the measure. Is the state overstepping its bounds in its push to crack down on immigration? Is “reasonable suspicion” a high enough standard to require individuals to prove their citizenship on request? Constitutional experts have predicted that legal challenges will prevent the law from ever taking effect.
Even so, the fact that the bill was passed indicates the severity of the problem the bill seeks to solve. A largely unchecked flood of illegal immigrants has put a severe strain on schools, hospitals and law enforcement in Arizona and other southern states. Comprehensive action needs to be taken.
While we oppose this law in its entirety, it is a reminder to our national consciousness that real immigration reform is necessary. Congress should aggressively work toward a plan to curtail illegal immigration; ensuring secure American borders and charting a reasonable path to citizenship for undocumented residents is just as essential.
The Arizona immigration bill is legislative proof that lagging immigration reform nationwide has consequences. Sensible reform must be implemented at the federal level. While the intended targets of Arizona’s bill are those residing in the United States illegally, it implicitly would make all Latinos in the state second-class citizens subject to discrimination. Anything short of the full rejection of this measure by the courts would be a miscarriage of justice.