by Roger Koppl
Kris Kobach defends Arizona’s new immigration law, SB 1070, in today’s New York Times. He says, “Presumably, the government lawyers . . . will actually read the law, something its critics don’t seem to have done.” Well, I read the law and I do not like it.
Whenever a law enforcement officer makes a “lawful contact” with a person, the officer must attempt to determine that person’s immigration status if he or she has “reasonable suspicion” the person is an illegal immigrant. It is a “lawful contact” if the cops ask for a statement at the scene of an accident, for example. Illegals now have an incentive to flee even as mere witnesses. The local police or sheriff’s office cannot have a policy to counter this incentive lest they be sued. The law provides that “a person” may bring suit against any “official or agency” that has a policy that “limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.” The central provision of SB 1070 threatens to reduce the ordinary protections of the law for illegal aliens, which threatens order and security for them and everyone else. Continue reading