Arizona's immigration law is Constitutional as well as badly needed

Now that the initial wave of hysteria over Arizona's recent enactment of a law making it a crime to be in the state illegally (an oxymoron if we've ever seen one) has passed overhead, we can examine some of the more embarrassing criticisms of the new legislation.

First, Byron York outlines the key provision in the law that puts quite a large kink in the illegal alien apologists' outraged bleatings that mass jailings of brown people, whether here legitimately or not, are about to commence:

"The law requires police to check with federal authorities on a person's immigration status, if officers have stopped that person for some legitimate reason and come to suspect that he or she might be in the U.S. illegally. The heart of the law is this provision: 'For any lawful contact made by a law enforcement official or a law enforcement agency…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…'" 

Lawful contact.  Meaning the police must have a reasonable suspicion that the person in question has committed some other crime to initiate the contact, such as traffic violations, public intoxication, etc.  Cops are prohibited from randomly stopping and questioning people, and they are specifically enjoined from using race as the sole justification for suspecting someone of being in the country unlawfully.  Doesn't get much plainer than that, and it seems that this strategy merely duplicates tactics, such as saturation patrols targeting specific high-trafficking areas, already being used in the War on Drugs and fight against gang violence that everyone is always lauding as such important, society-benefiting causes.  Why are those legitimate law-enforcement tools suddenly now the work of the Devil?

Next, in response to the uneducated mainstream media pundits who equate requiring visitors and legal residents from other countries to carry identification to the dastardly Nazis in bad 1940's movies who demanded that everyone "show their papers", Drew M. over at Ace of Spades HQ helpfully notes that the new law's mandate is exactly the same as what's currently in the Federal code:

(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.

Why aren't Al Sharpton and the other race pimps picketing the U.S. Capitol over this obviously racist identical Federal regulation as well?

Finally, since Mexico has hypocritically issued a travel warning to its citizens who may be coming to Arizona (hypocritically since legal visitors will already have the necessary documents, and because until quite recently that country was openly encouraging its peasants to immigrate to the U.S. illegally, since that confers the dual benefit of those people sending back billions of dollars into the Mexican economy as well removing that corrupt government's expensive burden of supporting those peasants), Michelle Malkin reminds us that we in America have nothing on Mexico when it comes to having thuggishly draconian immigration laws: 

"– The Mexican government will bar foreigners if they upset “the equilibrium of the national demographics.” How’s that for racial and ethnic profiling?

– If outsiders do not enhance the country’s “economic or national interests” or are “not found to be physically or mentally healthy,” they are not welcome. Neither are those who show “contempt against national sovereignty or security.” They must not be economic burdens on society and must have clean criminal histories. Those seeking to obtain Mexican citizenship must show a birth certificate, provide a bank statement proving economic independence, pass an exam and prove they can provide their own health care.

– Illegal entry into the country is equivalent to a felony punishable by two years’ imprisonment. Document fraud is subject to fine and imprisonment; so is alien marriage fraud. Evading deportation is a serious crime; illegal re-entry after deportation is punishable by ten years’ imprisonment. Foreigners may be kicked out of the country without due process and the endless bites at the litigation apple that illegal aliens are afforded in our country (see, for example, President Obama’s illegal alien aunt — a fugitive from deportation for eight years who is awaiting a second decision on her previously rejected asylum claim).

– Law enforcement officials at all levels — by national mandate — must cooperate to enforce immigration laws, including illegal alien arrests and deportations. The Mexican military is also required to assist in immigration enforcement operations. Native-born Mexicans are empowered to make citizens’ arrests of illegal aliens and turn them in to authorities.

– Ready to show your papers? Mexico’s National Catalog of Foreigners tracks all outside tourists and foreign nationals. A National Population Registry tracks and verifies the identity of every member of the population, who must carry a citizens’ identity card. Visitors who do not possess proper documents and identification are subject to arrest as illegal aliens."

We think the Mexican government should take a good long look at its own criminal code before daring to criticize any of our laws, whether Federal or state.

Are we at the Muckraker generally fans of expanding police powers?  No, of course not, as this usually results in the unnecessary loss of individual liberties.  However, we have seen firsthand the tidal wave of illegal immigration with all of its associated problems, from higher crime to undeserved and unpaid-for resource-taking to environmental issues from the tons of trash and debris left in the desert, we understand the seriousness of the problem if it is left unchecked, the Feds have completely abrogated one of the very few of their specifically enumerated duties in enforcing our borders, and law-abiding American citizens and legal residents will not be affected in the least by this law.  Therefore, after carefully weighing all the factors, we are in favor of this law.  We also point out that people who believe that they have been unjustly penalized by the legislation once it comes into effect are still free to pursue sanctions and redress in a court of law the exact same way they can with any criminal or civil law they think has been misused or abused.