20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
So, only if an officer saw a vehicle with, say, a tail light out could they pull them over. Because that would constitute "lawful contact".
And then, and ONLY then, if they had "reasonable suspicion...that the person is an alien who is unlawfully present in the United States..." could they make inquiries about their citizenship paperwork.
So you're an Arizona cop. There are 2 vehicles in front of you. They both have a burned out tail light.
One is a hunter green 2010 Volvo being drive by an elderly white woman with a "Svenska Flicka" bumper sticker.
The other vehicle is a rusted out 1976 Ford Econoline van packed to capacity with men who appear to be Hispanic surrounded by roofing materials or lawn care equipment.
Which vehicle, with identical violations, will the officer pull over and question?
If he pulls over the Volvo with the Swedish bumper sticker, will he feel compelled to ask the elderly, white driver for her Swedish passport, green card or visa?
Suppose the driver with the broken tail light is any other white person. Would the police officer ask if they are here illegally from France, England, Canada, Italy, Russia, Poland, Germany, Greece or Spain?
What, exactly, constitutes "reasonable suspicion...that the person is an alien who is unlawfully present in the United States..."?
This law is CLEARLY aimed it Hispanic and Latino immigrants and is therefore discriminatory, biased and unconstitutional.
The States don't have the authority or the legal standing to establish their own immigration policy or take it upon themselves to arbitrarily enforce federal laws according to their own interpretation.
This whole "illegal immigration" issue is a pathetic attempt to pander to the lowest common denominator of Right Wing paranoia in a vain attempt to halt the philosophical diaspora that is fragmenting their fundamental conservative core and sending their intellectually feeble drones scurrying for a rallying point.
They lack knowledge of, or deny the role of, the impact of immigrants (documented or undocumented) on our economy.
The Right Wing is confused, panicked, scared and looking for an easy enemy.
Joseph McCarthy blamed the Communists.
Lou Dobbs blames the Mexicans.