You may or may not be following the debate currently taking place in our own back yard. Arizona just passed sweeping immigration legislation that has ruffled a few feathers (to put it mildly). The most controversial provision allows law enforcement to question any individual about their immigration status, regardless of why the officer initially wished to speak to the individual.
Today, the Salt Lake Tribune is reporting that Representative Stephen Sandstrom (R – Orem, District 58) wants to pass a similar law for Utah.
Before ripping into Rep. Sandstrom, some history. In 2008, the Utah State Legislature passed SB 81 – a law that, among other things, deputizes police officers as immigration officers. Now, I am not going to harp about that law, as it has already passed (mostly because it has already passed into law – but expect more criticism if this pushes forward). No, let us focus on the current proposed bill and its potential impact.
If a law similar to Arizona were to pass in Utah, not only would police officers be able to question you for any reason about your immigration status, they could immediately arrest you based on your answer. “Well, how is this different from any other questioning police officers do?” you may rightfully ask.
First of all, immigration control is not a state issue. Indeed, if there is any issue that is a national one, it is protecting its boarders – people (not just citizens) are free to move within the boarder with no resistance. This concept is outlined in the commerce clause of the Constitution. Second we need to consider not just the word of the law, but also the nature of the law as to why it is not right for officers to have this extra power.
Now, not many people know this, but when I was younger I actually trained to be a police officer. I only stuck around one day, but they taught me something very important: all murderers have black hair, large ears, dark eyes, and like to wear ties. If I am to see anyone matching this description, I should immediately question them and possibly arrest them if I think there is a slight chance they could have committed a crime. Is it fair? No, but almost every murderer (I was told) matches this description.
This, of course, is absurd. But when I say “illegal immigrant” do you think of someon
e who looks like Representative Sandstrom? Or do you think of someone who looks like Representative Rebecca Chavez-Houck? And be honest. Both are citizens, both are law makers, but if you knew nothing about either individual aside from their name and face and you were told to start questioning people about their immigration status, who would you harass?
Congratulations, you just committed racial profiling. It is part of human nature and it is not how our justice system should work.
This law leaves the door wide open for mass “questioning” of individuals as part of a systematic way to get rid of individuals. Now, Representative Chavez-Houck could, in theory, be caught up in such raids numerous times, only to be released – but not before being away from her friends, family, job, and life in general. What if we started rounding up murderers who matched my description? Would you still say the law was fair? After these individuals were rounded up, they could immediately be hauled off to a federal jail, despite the fact that this is well beyond the Herriman City Cops jurisdiction.
This leads me to my next point. Why is it that Representative Sandstrom, a member of the far right Patrick Henry Caucus, is so eager to enact such a law? After all, he just spent an entire legislative session trying to buck off the federal government, stating that they have overreached their bounds in almost every aspect of our daily lives. Now, he seems more than happy to have the state take on this particular aspect of federal regulation even though, again, it is not within Utah’s jurisdiction to even touch this matter thereby overreaching its boundaries.
We are required to provide basic services to everyone within our boarders, whether or not they are here legally. Illegal immigration is, therefore, a fundamentally different issue than murder. Laws, such as Arizona’s take us down a very real path of racial profiling, fueled by distrust, hate, and anger, towards a future that very much looks like Nazi Germany before the start of the Holocaust. Our history shows that rounding up individuals and interning them is not a foreign concept in America – indeed, we do not even need to leave this states boarders to see Japanese internment camps a mere 100 miles away from the Capitol building.
I am a firm believer that we have become better since those days, but I am also a firm believer that we could easily go back if we are not careful. There needs to be a solution to the illegal immigration problem, but it needs to come from the federal level. Legislation is on deck (after the Wall Street reform bill) to discuss this very issue.
Representative Sandstrom, let the feds do their job – provide input, but don’t make Utah look backwards and don’t send us down this rabbit hole.
The level of hypocrisy on the right is tantamount to insanity now. Right-wingers want to give Gestapo-like powers to the police while at the same time claiming to be defenders of the U.S. Constitution.
Last session, Rep. Sandstrom helped “out-of-state youth hockey players get a free education here at an estimated cost to Utah taxpayers of $500,000 to $1 million to benefit his son’s hockey club” (www.sltrib.com/ci_14524275?IADID=Search-www.sltrib.com-www.sltrib.com). Not a typical “conservative” action. So, it would seem since he’s being challenged for his seat again by Steven Baugh, that Sandstrom is in need of “conservative credentials.” I would really appreciate it if the voters of House District 58 would send the best made for the job to the State House of Representative and let Sandstrom retire.
he should be welcoming these people with open arms. think of all the possible recruits.
Immigration ……… I have sat and watched, waiting for something to be done. Nothing changes. I side with arizona on immigration. The state of Arizona claims an estimated 450,000 illegals in the state. Yes, thats 450,000. Lets consider 1/2 are working…. thats 200,000 jobs.
Lets now consider 1/2 are on goverment assistance?
lets add $800 month. … Point is, they dont spend money here. they send it back to mexico. Stand around a check cashing center and watch the money pour out on the western union. I could accept immigration if this was the land of plenty…. the plenty has quickly ran out… we are not able to take care of the citizens here NOW… you want to argue we need MORE illegals??
How about we just put a no vacancy sign up until most everyone gets stable employment and we pay off china?? THEN we will take the no vacancy sign down. Truth is, the illegals have learned very well how to manipulate our system and get all the benefits of america, without paying payroll taxes and “paying it forward”. The illegals are draining the government services – free medical and housing. Go hang out at the welfare office – watch the cars they pull up in – and they pile out and walk in claiming no money to buy housing or food. They must laugh all the way home! Go hang out at 7-11.. watch the nice new SUV pull up and use food stamps to buy slurpees.
Just put up a wall till we solve our own issues.
Doesn’t have to be forever – Fix the broken system FIRST…. we need a no vacancy sign. Lets fix the system.
I fully agree with skip, June 11, 2010. I strongly support Arizona Illegal Immigration law. However, I urge you to include adding a fine, and or imprisonment for any employer hiring Illegal Immigrants. Also any landlord renting to Illegal Immigrants should be fined, and or imprisoned for providing lodging. The only way to stop this invasion is to take away all incentives that brings them here. Any child born to Illegals should not be given a USA birth certificate. It should be a Non-USA birth certificate with no legal rights.
Rep Sandstrom is going about everything the wrong way. instead of trying to enforce US Immigration laws (something Washington can oppose), he should set out to crack down on illegal immigration within the jurisdiction granted to states – intrastate commerce and collecting taxes. Imagine requiring anyone wanting a business license in Utah needing to sign an affidavit agreeing to obey Utah laws and Federal laws – including USC Title 8. Hiring an illegal would put anyone in violation of the affidavit and subject to a fine, imprisonment, and seizure of assetts used while committing the crime. Just like violating hunting and fishing laws. Enforcement would be carried out the same way UDW enforces fishing and hunting laws, or the same way health inspectors enforce cleanliness in restaurants – random inspections. As for taxes, Utah can require all persons seeking employment in Utah to have a SSN for the sole purpose of collecting and documenting taxes and employers muct have this information on file and available for inspection. Employers hiring people without SSNs would be committing a crime. Also, presenting falsified SSNs not issued through the US SSA would be a felony. When employers (and individuals) face stiff penalties for hiring or contracting illegals, then the “cheap labor” from exploiting them is not so cheap. When the jobs disappear, illegals will disappear on their own. No need to controversially enforce immigration laws, no need to detain illegals and spend money for deportation, no need to fight Washington.
I agree with 90% percent of the law abidding taxpayers and native citizens and “LEGAL” immigrants of the great state of Utah, that want , “NO” “DEMAND” that the legislature put “TOUGH” laws in place to force businesses to hire “ONLY” legal immigrants.. Let the citizens of Utah show by vote(example) how to enforce our immigration laws. Lets getr done.
I totally agree with you as I’m a immigrant that was naturalised to this country. I don’t think that I should be harassed any more than any other (white) American citizen because I happen to look different.
Also, as much as I enjoy your blog, please learn the difference between “boarder” and “border”. Thanks!