We're protecting our citizens

By John Kavanagh

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.

OUR VIEW: Arizona's ugly immigration law reflects price of inaction

Some fear that the law will empower police to challenge the legal presence of all Hispanics, legal and illegal, based solely upon their appearance, but that's not correct. Police officers may only question the immigration status of a person when they have "reasonable suspicion" to believe that the person is in the U.S. illegally. This provision merely extends to immigration offenses a half-century-old tool called "stop and question," created by the U.S. Supreme Court. To prevent racial profiling, the law states that in constructing "reasonable suspicion," police officers "may not solely consider race, color or national origin."

Another misconception is that the law requires residents to carry identification papers. Not true. This mistaken belief stems from a provision that creates a presumption of legal presence, if a person voluntarily presents specified forms of government-issued identification. Failing to present identification papers is not grounds for arrest.

Nor will the law divert police resources from more pressing matters. Police officers are only required to make "reasonable" legal presence inquiries "when practicable," so that officers will be free to prioritize their time. Likewise, no questioning is required when it would "hinder or obstruct an investigation," so that the police do not have to question all crime victims and witnesses about their immigration status.

The sad fact is that the Bush administration dropped the ball on immigration enforcement and that the Obama administration cannot even find it. The primary responsibility of government is to protect its citizens, and illegal immigration poses a growing threat to safety. Until such time as the federal government secures the border and adequately enforces immigration laws internally, Arizona and other states will have no choice but to protect their citizens.

John Kavanagh, a Republican, is a member of the Arizona House of Representatives and a sponsor of the new law.
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