Arizona On Trial
July 28th, 2010Today a federal judge issued an injunction against parts of Arizona’s racial profiling bill. The parts of the bill the judge froze:
Portion of Section 2 of S.B. 1070: Requires police to inquire about the immigration status of anyone they stop, detain, or arrest if they reasonably suspect the person is in the country illegally.
Section 3 of S.B. 1070: Criminalizes the the failure to apply for or carry immigration documents.
Portion of Section 5 of S.B. 1070: Criminalizes the solicitation, application for, or performance of work by an undocumented immigrant.
Section 6 of S.B. 1070: Authorizes the warrantless arrest of a person where there is probable cause to believe the person has committed a public offense that makes the person “removable.”
Oh, and funny thing is, this is a judge who has been praised as an expert on the issue by the number two Republican in the Senate, Jon Kyle:
Well, there is one person in our state who’s a real expert on this in the judiciary, and that’s Judge Bolton. And because of her expertise and fairness, all of the contending interests from Arizona have been willing to place their concerns before her to be resolved, and she is right in the middle of this important litigation right now. They will be very sorry to see her leave in Maricopa County Superior Court bench. So, I have some mixed emotions in helping to nominate or to confirm Judge Bolton, but that’s how highly thought of she is.
So much for the “liberal activist” argument.
When the dust settles on this, mark my words, Arizona will have lost. This law is going to be found to be rightly found to be unconstitutional, and Governor Brewer and the Republicans are going to have dragged Arizona through an expensive bad publicity nightmare in order to demagogue an issue they think they can win on. (I think Arizona Latinos are going to have something else to say on the matter though.) That said, those willing to appeal to racial resentment and nativist sentiments in our own state, like the looney tunes at Secure Arkansas and Jim Keet (R-FL) should think twice before pursuing a similar bill in the next session. How many state legislators do you think will want to see Arkansas sued by the federal government and roasted nationally the way Arizona is now for endorsing racial profiling when we still haven’t recovered from all the damage that Orval Faubus did in Little Rock? Again, mark my words, Arizona is going to lose this fight. Arkansas doesn’t need to get involved in charging at racist and nativist windmills.
Tags: Arizona, immigration, racial profiling, S.B. 1070