Illegal Immigration
Facts of the Case:
The law prohibits harboring or employing “unauthorized aliens,” that is, persons with no right under federal law, to reside in the U.S. It also requires police officers to verify the immigration status of people they stop for traffic violations or other infractions, if they have “reasonable suspicion” to believe that the person might be in the U.S. illegally. If it appears that the person is an unauthorized alien, then the state or local police must transfer the person to the federal Immigration and Customs Enforcement agency (or
“ICE”--that’s the entity that used to be known as the INS).
Proponents of the law believe that every citizen has the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures according to the Fourth Amendment in the Bill of
Rights. It is up to police and law makers to determine what is reasonable, and with the crime rate in Arizona on the rise from drug cartels smuggling goods over the border and illegal immigration out of control, having the right to ask for valid papers with the new immigration law is completely necessary and reasonable.
In other words, Arizona's new anti-illegal immigration law is an effort to "crack down" on illegal immigration and the harm it causes Arizona, including crime and back-breaking public expenses to incarcerate, educate, medically treat and provide other services to illegal immigrants and their children. Arizona has been forced to assume responsibility for immigration enforcement because of the federal government's refusal to secure the border and conduct adequate internal enforcement.
Opponents say the fact thatlocal police will question the legal status of anyone they "reasonably suspect" of being in this country illegally. That's an open invitation to racial profiling of Hispanics. The overwhelming majority of
Mexicans who come here are not criminals. Most are just desperate for honest work.They compare the policies of Arizona police to the actions of the
Nazi Regime and South African Apartheid. They claim that it is as much a solution to the immigration problem as putting a Band-Aid on a mortal wound.
Question:
Is the Arizona immigration law constitutional? Will it help the problem? Will it lead to racial profiling?