Comment by Glenn Hopson on June 8, 2010 at 9:47am

Candace, I read CA Penal Code 834b (http://law.justia.com/california/codes/pen/833-851.90.html) and a description of the new AZ immigration law (http://en.wikipedia.org/wiki/Arizona_immigration_law_(2010)). One big difference is that the CA law applies at arrest when illegal status is suspected and the AZ law applies at a stop, detention or arrest when illegal status is suspected.

One time here in Coronado I got stopped by the CPD while bicycling because I didn't stop at a stop sign. It was a right turn (on 1st & E, btw) and there was no traffic. I didn't have my ID. Under Arizona law, if I gave any suspicion (dark complexion?) I could have been presumed to be an illegal alien. Instead of a traffic citation I would be arrested until I could prove my citizenship and would receive a misdemeanor offense with a fine of up to $100 and up to 20 days in jail.

What I would like to offer for comment is a change in the AZ law that requires EVERYONE to show proof of citizenship when stopped so that unstated/unclear/unknown "reasonable suspicion" factors would not have to be taken into account. If no ID, you're under arrest. In answering that question people will see what citizens of Hispanic ancestry are facing in Arizona.

Comment by Candace Tyler on June 8, 2010 at 10:08am

I read California's law as "any person who is arrested if he or she is
suspected of being present in the United States in violation of
federal immigration laws." Is this not the same as Arizona? I don't see that this person was arrested for any other violation. In order to arrest they would have to be stopped and detained. I appreciate the feed back to help me learn more.
If nothing else, I'm learning to read more carefully.

Comment by Glenn Hopson on June 8, 2010 at 10:41am

The way I understand it, both AZ and CA check for citizenship when it goes so far as an arrest. I think the difference is that, in Arizona, the police will be able to ask for proof of citizenship at every traffic stop or noise complaint or demestic dispute. I'm not saying that illegal immigrants deserve a complete pass but I would rather have the police focusing on behavior rather than status. I would rather have jails filled with buy guys rather than illegals.

Here's an interesting fact that I think applies: The 4 safest big cities in the U.S. are considered to be Border Cities (San Diego, Phoeniz, El Paso, and Austin) each of which have presumably high levels of illegal immigrants. If the reason for the AZ immigration law is to lesson violent crime, it seems like to me they are already there. Unfortunetly I think the end result will be to charge a few illegals and harass a lot of U.S. citizens.
(Here's the local news report on the crime statistics: http://www.sandiego6.com/news/local/story/Border-Cities-Among-the-S...)

Comment by Candace Tyler on June 8, 2010 at 11:40am

"Charge a few illegals and Harass a lot of US Citizens". Isn't that kind of what we go through at any airport now? I want to be assured that I'm safe from a terrorist action when I board a plane so I don't mind the extra care in checking through even though very few people are caught doing anythign illegal with this process. Stands to reason, to me, that we just need to safeguard our borders more efficiently. Thanks for the feed back and I'm off to work now.

Comment by Glenn Hopson on June 8, 2010 at 1:36pm

Have a good day at work! My final point is that, at the airport EVERYONE goes through the same security procedure. On the other hand, the AZ immigration law appears to target those who generate some sort of suspicion. And a lot of people are afraid their skin tone will trigger that suspicion. That's why I think it is an interesting question whether or not the AZ law should be changed to require EVERYONE stopped by the police to provide proof of residency. Personally I'm fine with the falling crime rates the way things are now.

Comment (keep it clean & on topic)