Arizona "Papers, Please" Law May Hit Tech Workers

dcblogs writes "H-1B workers and foreign students may think twice about attending school or working in Arizona as a result of the state's new immigration law. If a police officer has a 'reasonable suspicion' about the immigration status of someone, the officer may ask to see proof of legal status. Federal immigration law requires all non-US citizens, including H-1B workers, to carry documentation, but 'no state until Arizona has made it a crime to not have that paperwork on your person,' said immigration lawyer Sarah Hawk. It means that an H-1B holder risks detention every time they make a 7-11 run if they don't have their papers, or if their paperwork is out of date because US immigration authorities are behind in processing (which condition does not make them illegal). The potential tech backlash over the law may have begun yesterday with a call by San Francisco City Atty. Dennis Herrera 'to adopt and implement a sweeping boycott of the State of Arizona and Arizona-based businesses.'"

Comments

Stop over reacting.

[DragonDru]

It is going to be tied up in the courts for years. Even if it passes every legal challenge, it doesn't change much really. Officers or the courts will check with the government databases before people are penalised, so forgetting one's papers when they run to the 7-11 won't affect much.

Depending on location (it is not legal everywhere), citizens need to produce I.D. when asked by an officer.

As for individuals being harassed by the cops, the cops can do that currently.

Also, AZ (and the rest of the US) have people from all over. People who try to blend in will be fine and will blend in. Those that try to stand out will get harassed, just like always.

Re:checks and balances, sue and cash in

[Perl-Pusher]

I have a drivers license that says I'm a US citizen. I can also produce a birth certificate. I have produced both in the past to gain employment. I also carry a military ID card. When in other countries I always carry a passport. I have never complained about providing evidence of citizenship. Go cry elsewhere. It is a federal crime to be here illegally, the only thing different is in Arizona its a state crime too. It still a crime!

Re:What about the presumption of innocence?

[ElectricTurtle]

I'm unfortunately losing some moderations to do this, but FUD needs to be stopped.

Your 'lawyer friend' needs to find a new line of work, because he must be a terrible lawyer. (IANAL, the following is not legal advice.)

The 'papers please' part of the law is not unconstitutional because it does not pertain to US citizens just as the voting rights guaranteed by the Constitution are not applicable to non-citizens. Additionally, federal law already requires what the AZ law requires and has done so for 70+ years. Please refer to Title 8 of the USC, Chapter 12, Subchapter II, Part VII(e):

(e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

Because the Federal government is not fulfilling its duty to enforce its own laws, the state of AZ has passed its own. OH NOES! TEH RACISM!

Further, are you and/or your 'lawyer friend' completely high? "AZ has no constitutional authority to pass this law." Please point out to me where in the Constitution this law is explicitly prohibited. If you have any idea how laws in this country work, you would know that anything not expressly denied to the states by the Constitution is, in fact, expressly granted and reserved for the states by ye olde forgotten Amendment X.

Lastly, it doesn't violate the 14th Amendment. Go read the 14th Amendment. Count the times it says 'citizens'. Then SLAP YOURSELF IN THE GODDAMN FACE THAT NUMBER OF TIMES. Illegal aliens are NOT citizens. The 14th Amendment EXPLICITLY does not apply to them. That is the LAW.

Re:checks and balances, sue and cash in

[cHiphead]

Fuck you pal. My wife is part Mexican (but US born), and definitely looks Mexican, and we plan on visiting friends in Phoenix Arizona later this year. If she leaves her purse at home while we go out to eat dinner, then we get stopped on the way back, she can be detained and 'arrested' on suspicion of being an illegal immigrant. And she is an natural born citizen of the United States of America. Welcome to the reality of police states. I can't wait.

Related portions of the actual law, in case you didn't actually read it:

"Lawful contact" can be 'hi, how are you today?' or 'welcome to the police checkpoint'

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).

This is a doozy, an illegal immigrant can be removable form the United States just based on being an illegal immigrant, this allows them to use probable cause suspicion to arrest just about anyone they want. 'Oh it was 2am and we coudln't get confirmation that this guy was actually a US citizen'

E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.

And here's the coup de grace, you are commiting a specific state crime by being an illegal immigrant on public OR private land in Arizona, which provides probable cause for your arrest, which will lead to arrests of people who just happen to not have their identification:

A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF TRESPASSING IF THE PERSON IS BOTH:
1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(E) OR 1306(A).

8US Code Section 1304(e)"
  Personal possession of registration or receipt card; penalties
            Every alien, eighteen years of age and over, shall at all times
        carry with him and have in his personal possession any certificate
        of alien registration or alien registration receipt card issued to
        him pursuant to subsection (d) of this section. Any alien who fails
        to comply with the provisions of this subsection shall be guilty of
        a misdemeanor and shall upon conviction for each offense be fined
        not to exceed $100 or be imprisoned not more than thirty days, or
        both.

Ergo, if the officer thinks my wife is an illegal immigrant, asks her to produce proof of citizenship and she doesn't have identification, he can arrest her for trespassing. Super.

The real truth is, its fear and cowardice that are leading us down the police state road we are on, man the fuck up and don't be scared. And stay the fuck off my lawn, damn kids.

Here's to your acceptance and apathy towards a permanent police state.
Cheers.