This started out as a comment on Warthogs previous blog, but it ran a little long so I just created another blog. Please read the full version of the new law that Warthog posted. I know, it’s a little long and a whole lot of boring legalese, but there is a lot of misinformation being thrown around out there. Read it and decide for yourself.
So here is my $0.02
I keep hearing over and over that an individual state should not be able to enforce laws that are specifically given to the federal government. That the constitution and the US federal codes are the laws of the land and states should not interfere. Unfortunately I only hear this argument now, on this law. These are the same people that argued Kalifornia had an absolute right to legalize marijuana for "medicinal" purposes, and now legislation to outright legalize it all together. Both in direct violation of United States law. Some of these people are screaming the loudest now. Why is one perceived violation of federal law ok and one isn't? I have been EXTREMELY outspoken when it comes to state's rights. I have said that I don't care if Cali wants legalized marijuana. Hell, I don't care if AZ does! I think individuals in their particular states should have the right to choose how they want to live, and what laws they want to be governed under. By no means does this mean I think a state should be allowed to violate any individual’s rights in order to achieve these goals. And nowhere in this current law do I think this is now accepted.
I am so frustrated that people are against this law. How can you say this law is unconstitutional? IT'S ALREADY AGAINST THE FREAKIN' LAW TO BE HERE WITHOUT PERMISSION!!! If it's already a law, how can this law be unconstitutional? And if you’re going to argue that it’s only a federal law....see above paragraph. If you still think the same way, ask yourself if you supported the marijuana laws in California, or the gay marriage laws in the other states, or the original CCW laws issued by individual states. If you supported these other laws, you don’t have any right to criticize this one. They are all about states’ rights. I supported, and still do, every single one of these laws.
Here is another prime example. It is currently against federal law to be in possession of a shotgun that has a barrel length less than 18 inches. It is also against Arizona law. ARS 13-3101.8.iv gives the definition of a prohibited weapon. ARS 13-3102.3 says it’s against the law to be in possession of this type of prohibited weapon. WHERE IS THE OUTRAGE! THE PROTESTS! HOW DARE ARIZONA ENCROACH ON FEDERAL LAWS!
I welcome any and all questions on how this type of law would be enforced. I can only tell you right now that I don't believe its going to be any different with this law than any other type of detention or arrest. No where in this statute does it give an officer permission to stop an individual just to check on their immigration status. I also challenge you to find any type of that wording in this bill. And no, "in the normal course of an officer’s duty" does not mean the 4th amendment against search and seizure is now void. Any violation of this would result in sanctions against the officer both criminal and civil
Let’s talk about an example I was asked about the other day:
A person gets pulled over for speeding. That is a lawful detention. The officer asks for, and receives from the driver, an Arizona driver's license. Guess what? According to this new law, you have just proved you're either a citizen or have some type of long term/permanent residency in this state. Just by having an Arizona driver's license or ID card, you have satisfied the requirements set forth in this law because neither can be issued to aliens in AZ.
Let’s say you forgot your wallet or purse with your ID in it. No problem, a records check can verify if you have ever been issued one of these documents. Technically you can be arrested for driving a motor vehicle without ID, as this is a crime. If that happens, you’re fingerprinted, and guess what? Your immigration status is checked. Every person booked into the jail has there status checked. This is not something new. It has been this way for as long as I can remember.
Please feel free to ask any questions, make a comment, or pose any type of scenario you can think of. I will try my best to answer.