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Ali Noorani

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Law-enforcement Leaders Agree: State Anti-immigrant Laws Encourage Discrimination

Posted: 04/24/2012 12:44 pm

In our struggle to make a more perfect nation, the liberty of all Americans is at risk.

On Wednesday, the Supreme Court of the United States is slated to hear oral arguments regarding Arizona's discriminatory, anti-immigrant law, S.B. 1070.

Signed into law nearly two years ago by Gov. Jan Brewer, S.B. 1070 authorizes law enforcement officers to arrest someone without a warrant based on reasonable suspicion that the individual is in violation of civil immigration laws, including being in the country without authorization. The idea has caught on in other states, and still more could decide to replicate it if the Supreme Court upholds any part of the law.

With good reason, citizens and immigrants alike have been distressed by the specter of racial profiling -- the idea that appearances alone could raise "reasonable suspicion." Such concerns were magnified when one lawmaker supporting S.B. 1070 said undocumented immigrants can be identified by "the kind of dress [they] wear, there is different type of attire, there is different type of -- right down to the shoes, right down to the clothes."

As far as I know, the Constitution did not come with a dress code.

Alarmed by the potential impact of S.B. 1070 on law enforcement, 44 former state attorneys general from both sides of the aisle and all regions of the country submitted an amicus curiae -- "friend of the court" -- brief in support of the United States, expressing a range of concerns regarding S.B. 1070.

The brief, which was led by Democratic and Republican former attorneys general from Arizona, argued, "S.B. 1070 harms the public interest, often irreparably by adversely affecting state and local law officials' efforts to fight crime, secure convictions, and make communities safer for all individuals."

As public safety leaders, these amici, or co-signers, confronted an ugly truth when they offered, "Despite the statements of Petitioners' amici to the contrary, amici are confident that application of the law requires racial profiling."

In other words, 44 former statewide law enforcement officials are confident that people who look or sound like an immigrant will be profiled because of S.B. 1070, reducing law enforcement's ability to secure convictions against dangerous criminals.

Is it right for a military veteran to get harassed for his birth certificate just because he's of Mexican heritage?

Is it right for a mother of Asian or Latino background who speaks with an accent to get asked for her passport -- right in front of her children -- when her white friend next to her does not?

Is it right to create a culture of suspicion in an America that becomes more diverse every day?

No. That's not who we are as a country.

At its heart, America is an idea, not an ideology. And the idea that all men (and women) are created equal is unique to America. Once we allow law enforcement to ask someone for identification because they look less equal, the idea of America weakens.

From our early days as a nation, we've fought for the ideal that how you live your life, not what you look like, is what makes you American. Work, family, trust: These are the characteristics that make America great.

And we are better off -- spiritually and economically -- when good people from around the world come to America to enjoy the blessings of liberty. We enjoy the benefits of their contributions to our culture, our communities, and our country.

As Alexis De Tocqueville put it, "America, then, exhibits in her social state an extraordinary phenomenon. Men are there seen on a greater equality in point of fortune and intellect, or, in other words, more equal in their strength, than in any other country of the world."

We are better than S.B. 1070.

Ali Noorani is the Executive Director of the National Immigration Forum.

 

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HUFFPOST SUPER USER
markspence
02:35 PM on 04/25/2012
"In other words, 44 former statewide law enforcement officials are confident that people who look or sound like an immigrant will be profiled because of S.B. 1070, reducing law enforcement's ability to secure convictions against dangerous criminals."

If they were right, they would only need one.
09:36 AM on 04/25/2012
"Once we allow law enforcement to ask someone for identification because they look less equal, the idea of America weakens."

When we treat people unequal, over time they become unequal. A few racist police officers use the law to target people & those people end up with a chip on their shoulder, a few people are targeted by police and they are late to work because of it, one of them is fired. Over time, this type of profiling will end up affecting large numbers of lower income hispanic citizens. It's not a good idea.
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07:31 PM on 04/24/2012
Yes, I agree that when good people come to America, we are better off.....WHEN THEY COME LEGALLY!!!!! Your article was written to sound so flowery... UGH!...I would guess you don't live in a border state!!
Well I do, there are gangs, drugs, prostitutes, crime - ALOT OF CRIME - and much much more. No, not all illegals are criminals....but they are here illegally....I've said this time and time again....no other country in the world allows illegal aliens (not immigrants as you have stated) to stay, they are either jailed (indefinetly) OR deported (immediately) - They Do Not Pass Go.
As a proud US citizen - I am law abiding. Can't say the same about those crossing our borders without consent.
09:42 AM on 04/25/2012
You seem to miss the entire point of the article. Citizens of the US will be singled out and asked to show identification. Luckily most of the worst parts of the law have been struck down and will remain so.

I'm sorry about the problems you have in your town, and I mean that sincerely. What we need is comprehensive immigration reform & that's what you guys should be pushing your seniors and representatives to achieve.
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11:49 AM on 04/25/2012
You say Citizens of the US will be singled out....nooooo....when there are six men riding in the cab of a truck, ten in a small car, etc., it's a bit obvious that is why they are pulled over. As for the thought of having to show ID, as a US citizen I am always with my drivers license, aren't you?? Just a thought....
This hyper-exposure of identification for immigration and even voting has become ridiculous. Everyone in the US (citizen) has some sort of ID for driving, passport, social security checks, monthly welfare entitlements, flying, on and on.
apoyo
Micro-bio? Sounds serious.
06:32 PM on 04/24/2012
My children are 4th generation American of Mexican descent.
They barely speak Spanish.

When one of them travels to Alabama on business, he carries his passport.

Sad, huh?
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HUFFPOST SUPER USER
markspence
02:34 PM on 04/25/2012
Hey, it's their version of reality.
apoyo
Micro-bio? Sounds serious.
06:24 PM on 04/24/2012
I'm surprised we still have the Statue of Liberty.
You know, give me your hungry, give me your poor.
Since technically, she's French, given to us by France.
HUFFPOST SUPER USER
Robert SF
05:57 PM on 04/24/2012
The Constitution is not a suicide pact, and the state has a compelling interest that overrides the inconvenience of asking people for their ID. Shiiit, people obsessing over this when Obama can already hold us secretly, incommunicado, indefinitely, and screw habeas corpus.
09:47 AM on 04/25/2012
Robert,
Obama issued a signing statement that said he would never use that authority against American Citizens ( that has the same weight as law). Second, he attached a whole list of rules and circumstances as to when non-us citizens could be indefinitely detained (as he said he would do during the campaign). Habeas Corpus was not granted to 'enemy combatants' during the Bush administration, but the SCOTUS said that it had to be reinstated - that's why even prisoners at Gitmo have lawyers.
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05:34 PM on 04/24/2012
Well, maybe these laws wouldn't have been written if the federal government did a better job on immigration.

One of the reasons they don't is that there are many immigration lobbies that complain about just about any effort to reduce or control immigration.

What is your organization willing to agree to so that we can enforce our borders and reduce immigration?
HUFFPOST SUPER USER
BlairCase
03:45 PM on 04/24/2012
Clothing is, indeed, one of the standard clues Border Patrol agents and police use to identify undocumented agents. For example, much of the clothing sold in retail stores in Mexico and other Latin American countries is easily discernable from clothing sold in retail stores in the United States. The brand names are also different. The notion that police or Border Patrol agents suspect people of being undocumented simply because they look different or Hispanic is laughable. In border states, the majority of people are Hispanic. A significant pwercent of police and Border Patrolmen are also Hispanics.
03:41 PM on 04/24/2012
Correct me if I'm wrong but the people of your land is totally populated by immigrants isn't? So what the hell is the fuss all about? Are you also sure that The U.S.A is the only country in the world which regards all men and women equal? It doesn't seem like this though is it? The son of my neighbour is actually returning back to Turkey from The U.S.A. He says America isn't actually the land of freedom and equal opportunities any longer. You'll find in time that less and less people would want to came ower to your country... So it'll be the end of your immigration problems wouldn't it? Than you all Americans would probably migrate to places like India, China and Turkey.
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BlairCase
04:09 PM on 04/24/2012
The vast majority of Americans are native born. They are not immigrants.
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04:48 PM on 04/24/2012
Thank you for a well thought out comment. It was refreshing to read after hearing the other bigoted comments with no thought but their own thinking they are true Americans. I question anyone with that type of mentality.
03:21 PM on 04/24/2012
Yes, discrimination against illegal aliens.
HUFFPOST PUNDIT
SonicUltimate
03:19 PM on 04/24/2012
It seems fairly evident that SB 1070 either violates the 4th or 14th Amendments in any real world application by the simple nature that false positives will occur, and there is no way to effectively create a profile of who is and is not illegal without violating civil rights legislation.
whochi
Liberals think 2 + 2 = Bush
02:33 PM on 04/24/2012
'....As far as I know, the Constitution did not come with a dress code.....'

Red herring.

What the man was talking about was exercising common sense based upon experience etc.

If you see kids dressed in gang colors congregating around a convenience store or similar enterprise that is frequently the target of crime, only this nit wit would say to himself (or his partner if riding in a patrol car), "Remember, the Constitution did not come with a dress code. Let's go over to Park Avenue and see if there is anything suspicious going on!"
02:10 PM on 04/24/2012
"Law-enforcement Leaders Agree: State Anti-immigrant Laws Encourage Discrimination"

State's anti-illegal immigrant laws may be a different story, but that wouldn't do as much for the inflammatory rhetoricially inclined.
02:09 PM on 04/24/2012
Is it ok to profile someone who is driving without a license, has no other ID and unable to speak English?
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SonicUltimate
03:06 PM on 04/24/2012
Depends, for what reason is the officer engaging this person to begin with to find out these facts?  If the person does have a license, by what authority does the officer then have the right to assess citizenship based on the ability to speak English?
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03:30 PM on 04/24/2012
No. That would be racist, bigoted, xenophobic, unenlightened and worst of all - not politically correct.
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Snake1994
Snakebite!
01:58 PM on 04/24/2012
Arizona's discriminatory immigration anti-immigrant law! SB1070 strictly states that law enforcement cannot use it as a tool to racially profile anyone. Also it mirrors Federal immigration laws which the government is not enforcing. When ever I was pulled over by law enforcement the first thing I had to do was produce Identification. If you are here illegally and have no ID, or authorization to be here than I don't understand how law enforcement doesn't have right to arrest you, I don't care who you are, or where you're from. Could you have come up with more negative adjectives to describe SB1070?