Arizona's Vicious New Anti-Immigrant Law Isn't Just Racist; It's Unconstitutional and Counterproductive

According to one study, Arizona would lose $26.4 billion in economic activity and approximately 140,324 jobs if all undocumented people were removed from the state.

A US Border Patrol officers walks beside the border fence that divides the US from Mexico in the town of Nogales, Arizona, on April 22. US President Barack Obama on Friday criticized tough new immigration measures in the southwestern state of Arizona, saying they called into question cherished American notions of fairness.
Photo Credit: AFP/File - Mark Ralston

The conservative "states' rights" mantra sweeping our country has led to one of the most egregious wrongs in recent U.S. history. New legislation in Arizona requires law enforcement officers to stop everyone whom they have "reasonable suspicion" to believe is an undocumented immigrant and arrest them if they fail to produce their papers. What constitutes "reasonable suspicion"? When asked what an undocumented person looks like, Arizona Governor Jan Brewer, who signed SB 1070 into law last week, said, "I don't know what an undocumented person looks like." The bill does not prohibit police from relying on race or ethnicity in deciding who to stop. It is unlikely that officers will detain Irish or German immigrants to check their documents. This law unconstitutionally criminalizes "walking while brown" in Arizona.

Former Arizona attorney general Grant Woods explained to Brewer that SB 1070 would vest too much discretion in the state police and lead to racial profiling and expensive legal fees for the state. But the governor evidently succumbed to racist pressure as she faces a reelection campaign. Woods said, "[Brewer] really felt that the majority of Arizonans fall on the side of, 'Let's solve the problem and not worry about the Constitution.'" The polls Brewer apparently relied on, however, employed questionable methodology and were conducted before heavy media coverage of the controversial legislation. No Democrats and all but one Republican Arizona legislator voted for SB 1070.

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