“The Arizona law merely adds a layer of state penalties to what was already federal law,” Kobach explained. “It has long been a requirement of federal law for aliens to have certain documents on their person while in the United States, just as it is a requirement in most countries on the planet for U.S. citizens who travel there to have their documents in their possession while in that country.”
Another leading point of misinformation is the claim the law creates a police power to detain someone merely going out for ice cream -- because law enforcement thinks they “look illegal.”
“In the enforcement through a stop, detention or arrest, on the basis of a violation of any state, county or local law in Arizona, at that point the officer who is investigating the law that was violated, whatever was the basis of the stop -- speeding would be the most typical example -- if the officer at that point develops reasonable suspicion that the person is unlawfully present in the United States, then the officer must contact the federal government and verify whether or not the person is indeed unlawfully present in the United States,” Kobach said.
Friday, May 07, 2010
Chances 'Very Good' Arizona Law Will Stand