Will Arizona-Inspired Illegal Immigration Laws Run Afoul of Constitution?

By Jonsson, Patrik | The Christian Science Monitor, August 21, 2012 | Go to article overview

Will Arizona-Inspired Illegal Immigration Laws Run Afoul of Constitution?


Jonsson, Patrik, The Christian Science Monitor


Courts take dim views of anti-illegal immigration laws in Georgia, Alabama, and Arizona, even as they start letting some provisions take effect. Police must now enforce the laws without profiling.

Courts are beginning to allow the so-called show me your papers clauses of tough new state immigration laws to take effect. But theyre warning states that the US Constitution frowns on any hint of profiling.

The US Supreme Court in June upheld show me your papers provisions in Arizona, which allow law-enforcement officials to ask for the immigration documents of people they suspect might be in the country illegally during routine stops. Now, lower courts are beginning to lift injunctions on similar laws in Georgia and Alabama, and a state judge was set to rule on whether to lift an injunction against it in Arizona itself, where Gov. Jan Brewer said that the heart of the states controversial law should be allowed to take effect.

As these laws take hold in the real world, focus is likely to shift to local and state police, who stand to face enormous pressure to use their expanded discretionary powers fairly and judiciously.

The idea that this is the rubber hitting the road is exactly right, says Stephen Vladeck, a law professor at American Universitys Washington College of Law, in Washington. Law enforcement already has lots of opportunities to stop most people on a daily basis for entirely minor offenses. The question is, stopping people for spitting on the sidewalk or driving with a broken taillight, are we going to see those increase in jurisdictions that have the papers, please provision? In other words, you cannot use the possibility that someone is undocumented to justify the stop in the first place.

The issue has powerful emotional resonance in a country that historically valued freedom from government intrusion, raising the question of whether the immigration laws really catch more people in the net than the Constitution should allow, says Leon Friedman, a law professor at Hofstra University.

These concerns relate to the Constitutions Fourth Amendment, which protects Americans from warrantless searches and seizures and restricts police from conducting random ID checks of people walking around on American streets. The immigration laws passed legal muster because a person has to have been detained or accused of a crime before police check their name against the e-Verify system, a federal immigration database.

You cant just stop them on the street and say, Show your identification, Professor Friedman says. There has to be a legitimate reason for stopping or arresting them, and then you cant keep them indefinitely. In fact, the states have said, We can keep you for a week, but the Supreme Court said they cant do that.

The bigger challenge for the implementation of show me your papers provisions may be the Constitution's equal protection clause, which guarantees that any jurisdiction gives its people "the equal protection of the laws. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Will Arizona-Inspired Illegal Immigration Laws Run Afoul of Constitution?
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.