So most of you would probably have heard about the new immigration law signed by the governor of Arizona last Friday. There is a lot of anguish and protest against the law, which requires that police officers check the immigration status of anyone if there is "reasonably suspicion" that that person is illegally residing in the U.S.
Besides the argument that the law is unconstitutional since states cannot pass laws that deal with foreign affairs, many people also believe that this law would become an excuse for racial profiling. The "reasonably suspicion" under which the police officer is allowed to ask civilians for their identification documents is not very clearly defined at this point. Many people are afraid that this would allow the police to abuse their power.
I think this immigration law is dangerous. If left unchallenged, it would create a precedent that would give ways to laws condoning racial profiling and other racialized act. What stuns me more is the prejudice and misconception about Latinos that become some of the main reasons people use to defend this law. One civilian caller on CNN has the idea that these illegal immigrants constitute all the criminals and druggies in his state and that getting rid of them would solve all the problems.
I think this shows just how deep racism is embedded in our society. Unfortunately, there is very little that can be done to change the biased opinions of these people.
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ReplyDeletethat was for the health care blog. I tried to delete it and it is not working, sorry! disregard it.
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ReplyDeleteOkay this one if for real...
ReplyDeleteThis is simply form a legal or CJ stand point.
First, that law is not about dealing with foreign affairs, it is only related to those who have established residence in Arizona. That means they are in Arizona at the time and it is constitutional for a state to make laws regarding illegal behavior in their state. It is actually only the states right it is unconstitutional for the federal government to make criminal laws unless it deals with interstate commerce or related to a violation of the constitution. Second, there are already law like this in all states just not about illegal immigrants. Third, there are laws preventing police from abusing their powers and cases to back them us that have always sided with the civilians. And fourth, the constitution does not apply to those who have illegally immigrated to the country. Those being the target people, law enforcement doesn't plan on violating any laws.
This if from my own perspective.
I think that racial profiling although it is illegal happens and that is a shame. I think that making a law like this will not further it because their are all sorts of laws already imposed about stopping people bases on reasonable suspicion. Unfortunately most of the time, although it is not legal, it is mostly bases on race. There is not much that can be done in preventing this because officers have and will continue to find loop holes. Also, it is extremely hard to prove race was the basis for reasonable belief or suspicion. I do not believe that is is right by any means but it's how is works. I do not necessarily think that this law will dramatically change that because this legal issue has been around for years.