Coyote Blog

Arizona used to be a state that defended private property rights.  But in a single bill,  SB1070, we have thrown out private property in favor of community property.   We have officially established the principle that the state can tell us who can and can't be on our private property.

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).

Trespassing used to mean presence on property without the owner's permission.  Now the owner's permission is irrelevant, and trespassing is redefined as being present on private property without the government's permission.  The state takes this new definition so seriously that no parole may be given for people who violate the law.

Conservatives gave up on the sanctity of contracts in this context years ago, making it illegal to hire the person of one's choice for a job if that person does not have the proper licenses and paperwork from the government.

Remember, Conservatives traditionally are not anti-authoritarians anti-big-government, they are just in favor of use and expansion of government authority in other contexts than those favored by Liberals.

From our new SB1070 Immigration Law here in AZ (sorry for the caps)

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).

Supporters have said this is not about profiling or harassing people with brown skin.  So what, other than skin color, does constitute probably cause in this case?  Low rider suspension?  Mexican music tapes?

Anyone who things Joe Arpaio will not use this to demand that everyone with brown skin has to show their papers has not been paying attention.  I have driven around for 3 years with a broken tail light and never been stopped.  Had I had brown skin, I would have been stopped years ago.  This is the man who went into tony, lilly white Fountain Hills on a crime sweep and somehow 75% of the those arrested were Hispanic.

Here is one example, where deputies entered a local business, zip-tied and detained everyone who had brown skin, and then later released those who could provide their papers:

Deputies from the Maricopa County Sheriff's Office raided a Mesa landscaping company early Wednesday morning, arresting nearly three dozen people suspected of being in the country illegally.

The raid on offices of Artistic Land Management, on Main Street just west of Dobson Road, happened about 4:30 a.m., according to one worker who was handcuffed and detained before being released when he produced documentation that he was in the country legally"¦.

Juarez estimated about 35 workers were handcuffed with plastic zip-ties while deputies checked for documents. Those who could provide proof they were in the country legally were released, while others were put on buses and taken away.

Update: More from the bill, with language Conservatives would tend to oppose on absolutely anything except immigration

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.

Update #2: Steve Chapman also doesn't know how to spot an illegal immigrant.  But that's OK, neither does our governor:

After signing the new law requiring police to check out people who may be illegal immigrants, Arizona Gov. Jan Brewer was asked how the cops are supposed to know when someone should be screened. "I don't know," she replied. "I do not know what an illegal immigrant looks like."

No kidding. But she has a lot of company in her ignorance. When I called University of Arizona law professor Marc Miller and told him I wasn't sure what some of the law's provisions mean, he replied, "Neither is anyone else on the planet." We will find out what it means after it takes effect, not before.

The last sentence seems awfully reminiscent of the health care bill.