Before people get upset one way or another about Arizona’s law, it is important to look at the law and related documents. There’s also been confusion about the correct version of the bill that was signed into law–below I include the House engrossed version, which is the correct version (I just confirmed this with the Arizona legislature–blame them if I’m wrong).

Resources:

General Bill Page
Text of the Bill
House Summary of the Bill

For the most part, I think the bill is fine.  I’d also point out that many of the provisions in the bill that are getting a lot of attention easily could be severable from the whole bill (i.e, a court would simply rule the specific provision unconstitutional, not the whole bill).

The most problematic provision deals with law enforcement trying to determine whether there’s a reasonable suspicion to check immigration status.  Here’s the exact language in the bill (can’t seem to get rid of the block quotes):

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION.  ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON’S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED.  THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).  A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION.

This language does concern me.  Let’s clarify some points:

1) This language applies to law enforcement officials and agencies.
2) “Lawful contact” could mean almost anything.  If a person asks a police officer for the time, that’s lawful contact.
3) Once lawful contact has been made, the law enforcement official shall make a reasonable attempt to determine lawful status if that law enforcement official has a reasonable suspicion that the person is unlawfully in the country.

When providing the time to someone, how does an officer have a reasonable suspicion that someone is unlawfully in the country?  If the person asking for the time is white and speaks perfect English, is an officer going to think the person is here illegally?  Probably not.  What if the person speaks heavily accented English or no English at all?  That may be a hint.  What about if the person is Hispanic and doesn’t speak English?  That would also be a hint.

My concern is reasonable suspicion will exist in many instances based on national origin.  The bill language stating that national origin, etc. may not solely be used isn’t strong protection.  Would suspicion based on an individual’s poor English be based on national origin?  Maybe, but maybe not. 

Would it be OK for an officer to have a reasonable suspicion about an individual who is Hispanic and also is shopping at a place where known illegal immigrants shop?  The suspicion isn’t based solely on national origin. 

There are going to be many people who are lawfully in the country that will be stopped and asked for proof of lawful status.

Having said all this, maybe it is appropriate to do racial profiling to address the immigration issue–I tend to disagree, but many people do think it is appropriate.  Also, it is important to note that the officer when having a reasonable suspicion simply would be requesting proof of lawful status, not doing anything crazy.  So it isn’t that big of a deal.

I haven’t studied this bill, but most of it looks fine after my initial review.  This one provision I have discussed, given how sweeping it can be, does warrant some concern.  However, the extreme reaction against this bill that I have heard is way overblown.

The Arizona legislature may be wise to strike out the problematic language without risking what amounts to a strong immigration enforcement bill.