By John Lott
Protesters celebrate in Phoenix on Wednesday, hours after portions of Arizona's new immigration law were blocked by a federal judge. (Ross D. Franklin/Associated Press)
“Arizona’s immigration law supposedly “would impose a ‘distinct, unusual and extraordinary’ burden on legal resident aliens that only the federal government has the authority to impose.†So asserted Federal District Judge Susan Bolton in her injunction of the new Arizona immigration law on Wednesday.
“Given the large number of people who are technically ‘arrested’ but never booked into jail or perhaps even transported to a law enforcement facility, detention time for this category of arrestee will certainly be extended during an immigration status verification,†Ms. Bolton wrote in her decision.
But this reasoning makes little sense. Anyone — no matter what their accent or looks — who is “technically ‘arrested’” by police is required to show some type of ID. The minor exception is when the arrestee happens to be known to the police already. If unable to provide a basic ID, the police officer has no choice but to detain the individual until identification can be made.
This is very basic. Police can’t issue a ticket, even for a minor speeding offense, without being able to properly identify the person.
Despite the picture painted by Bolton, an immigration check for someone “technically ‘arrested’” imposes no more of a burden than the individual already faces. There are no more documents that are required or additional procedures under Arizona’s immigration law. Any regular ID will do: a driver’s license, a non-operating identification license, valid tribal enrollment card or other form of tribal identification, or “any valid United States federal, state, or local government issued identification.”
Arizona Governor Jan Brewer’s press release of July 28, 2010, about federal district Judge Susan Bolton’s order staying parts of SB 1070, Arizona’s illegal immigration law:
“I am disappointed by Judge Susan Bolton’s ruling enjoining several provisions of “The Support Our Law Enforcement and Safe Neighborhoods Act†— SB 1070; though I am heartened by some
findings – including the ban on sanctuary cities.“This fight is far from over. In fact, it is just the beginning, and at the end of what is certain to be a long legal struggle, Arizona will prevail in its right to protect our citizens. I am deeply grateful for the overwhelming support we have received from across our nation in our efforts to defend against the failures of the federal government.
“I have consulted with my legal counsel about our next steps. We will take a close look at every single element Judge Bolton removed from the law, and we will soon file an expedited appeal at the United States Court of Appeals for the 9th Circuit.
“For anyone willing to see it — the crisis is as clear as is the federal government’s failure to address it.
“The judge herself noted that the stash houses where smugglers hide immigrants from Mexico before bringing them into the country’s interior have become a fixture on the news in Arizona and that, ‘You can barely go a day without a location being found in Phoenix where there are numerous people being harbored.’â€
“When I signed the bill on April 23rd, I said, SB 1070 – represents another tool for our state to use as we work to address a crisis we did not create and the federal government has actively refused to fix. The law protects all of us, every Arizona citizen and everyone here in our state lawfully. And, it does so while ensuring that the constitutional rights of ALL in Arizona are undiminished – holding fast to the diversity that has made Arizona so great.
“I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona. Meanwhile, I also know we still have work to do in confronting the fear-mongers, those dealing in hate and lies and economic boycotts that seek to do Arizona harm.
“We have already made some progress in waking up Washington. But the question still remains: will Washington do its job, and put an end to the daily operations of smugglers in our nation, or will the delays and sidesteps continue? I believe that the defenders of the rule of law will ultimately succeed with us in our demand for action.â€