Arizona’s New Immigration Law

The full text of the new law (about 18 pages) may be read here.  The new law adds text to several existing Arizona laws.  The new text is shown below in UPPERCASE BLUE letters.

I have read through the new law once.  I may be grossly paraphrasing, but the new law seems to be saying:

“It shall be unlawful for an illegal alien to be in Arizona and it is ok for the police to arrest an illegal alien for doing something unlawful.”

Perhaps the sticky part is (lines 20 – 25, page 1):

FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL … 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.

An essay by Cornell University law professor Michael C. Dorf discussing the concept of “reasonable suspicion” may be read here.

The new law stipulates (lines 34 – 43, page 1) how a person may appease the reasonable suspicion of a law enforcement officer:

A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:

1. A VALID ARIZONA DRIVER LICENSE.

2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.

3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL IDENTIFICATION.

4. … ANY VALID … GOVERNMENT ISSUED IDENTIFICATION.

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