Arizona Law Misses Point
Yvonne Bang | May 31, 2010 | Comments 14
I say, “Cut the crap.” Stop playing games. This is serious business.
In the midst of economic woes, Arizona Governor Jan Brewer signed last month a new immigration law allowing officers to stop and detain those who are suspected of not being in the country legally. This allows officers to racially profile and effectively target those who seem to be of Hispanic descent.
When this law goes into effect in July, officers will be able to charge those without documents with a crime. However, criminalizing undocumented immigrants who aren’t perpetrating the most heinous of crimes in this country is absolutely ridiculous — the standard immigrant migrates here to work, not to spill citizen blood or rob banks.
But someone might argue, “Those pesky illegal immigrants are taking our jobs!” And perhaps it is exactly this type of anger and blame that has afforded Governor Brewer the confidence to sign into law that which would inevitably be a contentious act — she wouldn’t have done so without knowledge of major support. Though this move on the Governor’s part might temporarily appease the scapegoat-seeking sensibility of that pitchfork-wielding portion of Arizona, it is highly unlikely that this law will undo what the housing market crash has done. Stopping immigrants from working is no solution to the nation’s economic crisis.
As this country undergoes economic recovery, most voters will agree that attention needs to be directed to definitively problematic areas. Illegal immigration is certainly an issue, and perhaps some will argue that this is a problem that adds significantly to the economic woes of this country, but will a halt of illegal immigration effect real change? Will Arizona be the first state to return to those blissful debt-loving days before the market collapsed?
Consider our standard illegal immigrant. First of all, why is he or she here? He or she is here to find opportunities for a better quality of life. Certainly, this illegal immigrant will find some kind of work, most likely paying only the minimum wage, and probably will get away with not paying income taxes. But this immigrant will spend money on food, groceries, and merchandise here in the United States, putting some of that money back into the economy.
Yes, he or she will also have access to some state medical insurance programs, but I’ve seen more citizens take advantage of our nation’s safety nets then illegal immigrants. So who is the real criminal here? The immigrant who actually comes here to find a low-paying job (sometimes two), or the citizen, who sits at home and collects unemployment waiting for a job opportunity “worthy” of his or her merits?
For example, I know a fellow who recently got out of prison after a six-year sentence. He made a plea deal with the District Attorney, agreeing to testify against three other fellows in a murder trial for a guaranteed sentence of six years; his companions in this murder trial, those against whom he testified, all got life sentences (one sits on death row at this very moment). Before the trial, this young man was a gangbanging, drug-abusing citizen of the United States of America. Injured by a gunshot in his leg early in life, he was collecting around $2,000 in disability from the state every month. This was in the late 1990s. What did this fellow use this “hard-earned” money on, you might ask? Drugs. His drug-addled girlfriend. Oh, and he had no job.
You might say the system is the problem, like the Tea Party folks are claiming: “Too much government interference! Too many taxes!” People get angry because they think these taxes are going to fund illegal immigrants and their children but in fact, more citizens are taking advantage of the state than illegal immigrants. Hopefully, Governor Jan Brewer’s decision to sign the Arizona Immigration Law won’t start a trend, but I hope it will set an example; with its ineffectiveness in bolstering Arizona’s economy this year and next, I hope we’ll all realize some of us have been going about “fixing” the nation’s problems in the wrong way.
Yvonne Bang is a graduate student in literary journalism. She can be reached at bangy@uci.edu.
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Also why are the people protesting for rights they do not deserve if they are here illegally, if this was done in their country of origin you can be sure you will be arrested and deported.
Lets look at some other country’s immigration laws, most country’ have stricter ones than the U.S. does. In Europe if you are in a country you are detained and sent back to your country.If you want to come to this country do it the right way.
also people say illegal aliens are just that illegal .why because a law says it is. just because a law passes does not mean that law is a just law .dont assume just cuz people vote for a law it is correct . have we not learned anything from our past
why do you guys keep saying the police need to legaly stop someone the police can use any excuse spitting on the sidewalk crossing the street whithout using the crosswalk ect ect so are we illegal for doing the simple things as spitting in public
Please understand the a new AZ immigration law does NOT allow officers to stop and detain those who are suspected of not being in the country legally.
Police officers must make a legal stop, for a non-immigration issue and have probable cause to arrest or detain an individual before the police can even inquire about one’s immigration status. This is a higher standard then that which the federal govt. uses and offers greater protection to illegal residents than all other states.
Further more, if a resident has a valid identification, he is considered a legal resident.
Only those residents that are detained, with probable cause, and are undocumented, can be questioned about their immigration status. The local police will not make any immigration decisions regrding these residents but simply report them to ICE. This gives the federal govt. the opportunity to do their job. They may decide to hold the violent residents and release those without warrants.
If all detained residents, without documentation, are reported to ICE, the new law actually works without profiling.
I really appreciate all of the comments thus far left. Debating important issues that matter to us is necessary to and part of a functioning democracy. I would here like to address a few of the comments made.
As far as the comment requesting, “schools [to do] a better job teaching,” I feel a bit sheepish that my article falls short of NY Times-caliber material (although I do hope I’ll reach that level one day!). I am still working on my skills as a writer. However, I must remind readers that this is an opinion piece, and as an opinion, it automatically implies the existence of opposing viewpoints. I welcome your opinion as I hope you will welcome mine–no need to criticize UCI’s beloved Literary Journalism Department for sharpening my opinions when I alone accept responsibility for that.
To the very same reader, I would like to ask what serious crimes in Arizona are we speaking of and why is it “undisputed? ” Without “illegal immigrants,” would Arizona all of a sudden become a crime-free zone? Does that mean only the “illegal immigrants” are prone to criminal acts?
To another reader, automatically, the term “illegal immigrants” was translated to mean “Hispanics.” This is the inherent problem to HB 2165 that we have to worry about when we think about ramifications of this bill. There is a large population of people who will make this same mistake, which will lead to racial profiling.
Lastly, I’m not saying that this law wouldn’t work if executed in a perfect world. Perhaps it would curb illegal immigration. In my opinion, I believe it will just lead to racial profiling and civil suits, which will simply cost the state money. My point is simply that the state has bigger fish to fry and there are legal citizens on the dole putting a drain on the system who have long been overlooked.
@leoadan.. I do not understand what you are trying to say.. Except that it looks like you are inciting war. Regarding to what you said about not taking “citiezen” jobs, it is the most ignorant statement made yet.
I have had to wait 10 years to see my 2 year old daughter, now 17. I waited in line and was asked if I was interested in smuggling her over through Mexico from Asia.
The border is a legitimate threat to the nation’s security. I think there are a lot of sleeper cells from the far east who have “slipped” thru the border pretending to be Mexicans.
Good job Governor, We have your back.
First of all, it is not illegal according to the immigration laws of the US to be in this country undocumented. You may not like this fact, but it *is* the law of the land. Here’s an article where Gov. Christie explains it: http://www.nj.com/morristown/index.ssf/2008/04/christie_clarifies_illegal_imm.html
It is a misdemeanor to come into the US without a visa. That is a crime, and is illegal, but it is not illegal for the person to then remain in the US. It is not illegal for a person to come in on a visa and overstay once that visa expires. That is merely a civil violation which is less of an offense than a parking ticket.
Secondly, if most of the undocumented people who have ever come to the US could find a way to become a resident alien, they would do anything they had to do in order to immigrate here through the proper channels. There is no Ellis Island anymore. There are no waiting lists. There are only very specific categories under which an immigrant can qualify for a visa to immigrate to the US. Here they are:
http://travel.state.gov/visa/immigrants/types/types_1326.html
I’ll summarize them:
You can immigrate to the US, if you have an immediate family member who is a citizen or permanent resident (mother, father, sister, brother, spouse). You can immigrate if you have a very specialized employment or research skill with multiple publications in a journal of your speciality. You might be able to immigrate if you’re from Panama, Hong Kong, Iran or Afghanistan and can serve as a translator. You might be able to immigrate if you are a religious worker, a juvenile court dependent, or a broadcaster or NATO member. If you’re lucky enough to win a lottery visa, which right now means you’re from a Muslim country — those designated as state sponsors of terror (and has done so since 2000), you can immigrate to the US.
55,000 lottery visas are awarded annually. In order to qualify for one, the immigrant must only document that he/she has the equivalent of a high school diploma or two years of work experience. The countries of preference for these visas at the moment are Sudan, Iran, Egypt, Somalia, Yemen, Nigeria, Iran and Cuba.
Another 70,000 visas are issued to religious workers or religious worker helpers annually. Of that amount, 95% are issued to those of the Islamic faith.
You can read about these categories here:
http://barenakedislam.wordpress.com/2010/01/09/diversity-visa-lottery-fast-tracks-thousands-for-immigration-from-terror-sponsoring-nations/
http://vdare.com/malkin/visa_scam.htm
Those people come here legally, and many of them kill Americans in the name of jihad. But almost no one is talking about that.
Meanwhile, the vast majority of undocumented immigrants pay taxes, contribute to social security and medicare, even though they will not avail of those services themselves.
http://www.usatoday.com/money/perfi/taxes/2008-04-10-immigrantstaxes_N.htm
http://reason.org/news/show/122411.html
http://www.msnbc.msn.com/id/18077009
Illegals never take away citiezen jobs, because of hispanic hard labor the economy rates have grow and thanks to them schools, offices and other state labor camps, has been mantained clean, they buy and they sell and more of all they pay taxes and more money is taken away from their checks, wich much money goes to the government and that way there is enough money to support programs like medicare ect. If the approximately 10.8 millions of illegals go, these state and other states economy might just fall in a tremendous impact, besides if there is no migratory reform and anti-immigrant law is approved, you will have some mad immigrants, which crime rates might grow and thats a way to start war.
As an example, lets consider a recent case, the Georgia student who got arrested for driving without a license, apparently gave a false address, without a license probably didn’t have insurance, had been illegally getting in state tuition, and very possible other immigration benefits.
The above case is a prime example of why all cases of illegal immigration should be prosecuted, those here illegally are seldom if ever prosecuted to the fullest extent of the law and they to often get away with multiple crimes.
Their actions teach nothing but disrespect of our country and our government, and we are hearing that message loud and clear. Since many of our government want big government, they need to clean up their act and enforce our laws and protect our border. It is part of showing us that our government is fit to govern.
Well Said !
I guess the rule of law doesn’t mean much to you but it was one of the reasons why our nation has lasted as long as it has. You go down to Mexico or many other nations in Latin America and find the rule of law does not exist. When you get stopped by a cop, you automatically pay a bribe. Here you just get a ticket. The rule of law also applies to entry into this country. When the laws are no longer respected or selectively enforced, you can no longer expect any stability. Any country’s first responsibility is to its own citizens even though everyone benefits from an education. There are more and more cases of citizens taking a back seat to undocumented immigrants in many things, not just education. In this economy, there are many that are the poor, tired, hungry, and needing an education that were born here or went the legal route to become citizens. They should not be made to ride in the back of the bus. Business is part of the reason. Without people breaking the law in the first place, there would be no one to hire. People here illegally and those that support them, try to put the blame on other people for their actions. That’s wrong, they know they are breaking the law.
The largest source of illegally workers here is Mexico (60% Pew Hispanic center). Mexico has the 15th largest economy in the world. They are middle class as far as countries go. There is over 5 billion people in the world worse off than them.
Latino’s make up 7% of the world’s population. Yet their organizations demand 36% of our legal green cards. That’s not fair to the rest of the world. Demanding preferential treatment over other races is racist.
Of the 20-40 million here illegally, 78% are Latino. (Pew Hispanic center). They feel an entitlement to come here illegally. They feel they have a right, and are better than other races. That’s racist.
Until they stand in line, and accept that they are not more privileged than any other race or ethnic group, we are going to have this problem.
Budgets are being cut, the disabled and poor are seeing services cut. There is no reason for our country to educate people not invited here. (605 million dollars a year for grades k-college) We are teaching wrong principles and morals to their children by accepting and rewarding lawbreakers.
God gave us the 10 commandments he told us not to covet, not to steal, not to bear false witness (lie). I think Jesus would tell them to come here under the laws of the land.
I think this article misses many points.
1. Arizona is experiencing serious crimes because of illegal immigrants. This is undisputed.
2. The government for decades has been too lax on border protection. This creates serious security problems for this nation. I guarantee that if another major attack occurs because of someone entering this country illegally there will be an uproar.
3. Illegals have put a big fibnancial burden on our health systems. Guess who pays for that?
I have top wonder about any story that uis based solely on personal feelings rather than facts. Journalism sure is getting to be a joke now days. I wish schools would do a better job teaching.
One of the primary outcries against the act is that it subjects citizens to unlawful stops for the purpose of inquiry into legal status. The criticism is ill founded. Either critics have not read the Act, or they have and choose to lie about its effect. The Act provides for such street inquiries ONLY WHEN A LAW OFFICER HAS MADE A “LAWFUL STOP, DETENTION OR ARREST…IN THE ENFORCEMENT OF ANY OTHER LAW OR ORDINANCE OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION.” A “lawful stop, detention or arrest” only occurs when an offense occurs in the presence of the officer or when he has probable cause to believe that a felony is being committed. So, the Act requires the same legal requirements that are established under both the Fourth and Fourteenth Amendments to the United States Constitution.
Once an officer has made a lawful stop, detention or arrest for violation of some “Other law or ordinance,” the Act authorizes a “reasonable attempt. . .when practicable. . .to determine the immigration status of the person.” BUT SUCH ATTEMPT CANNOT BE MADE UNLESS THERE IS “REASONABLE SUSPICION. . .THAT THE PERSON IS AN ALIEN AND IS UNLAWFULLY PRESENT IN THE UNITED STATES.”
So, the determination of lawful alien status is dependent upon two separate and distinct FINDINGS OF REASONABLENESS: one must precede the lawful stop, detention or arrest, and the second must be made after the lawful stop, detention or arrest. Other parameters on the inquiry are that: 1. The inquiry as to lawful status must be “practicable” under the circumstances facing the officer, and 2. The inquiry must not be allowed to “hinder or obstruct an investigation.”
To say that every Hispanic citizen must walk the streets in fear of being required to prove lawful status is just simply a red herring. For decades police officers have been allowed to inquire as to the identity of a person who is lawfully stopped or detained. The protections provided to citizens under Supreme Court decisions on stops and detentions are present in the Arizona Act.
A very important protection is also afforded to citizens even after they have been “lawfully” stopped, detained or arrested, and after they have created a “reasonable suspicion” of being unlawfully within the country—they are “PRESUMED” to be lawfully within the country if they can provide the officer with any of the following:
1. A valid Arizona driver’s license;
2. A valid Arizona nonoperating identification license;
3. A valid tribal enrollment card or other form of tribal identification;
4. Any valid federal, state or local government issued identification if issuance requires proof of legal presence in the country.