TeeJaw Blog

Indignant Liberals, Armed With Ignorance

Posted in Government and Politics by TeeJaw on Sunday, May 2, 2010, 7: 52 AM

Section 264 of The McCarran-Walter Act of 1952, Public Law No. 82-414, the popular name of which is The Immigration and Nationality Act, also codified at 8 U.S.C. § 1304(e), provides as follows:

    (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.

It is also required by regulations that aliens with a permanent resident card (“green card”) have the card in their possession at all times and be able to present it to any Immigration and Customs Enforcement officer upon request.

This is the state of Federal law and has been for years, at least since 1952. The new Arizona immigration law that has so many liberals and libertarians upset does no more than authorize any Arizona peace officer to request identification from any person he or she has already lawfully contacted, and if the officer has a reasonable suspicion that the person is illegally present in the United States then that person may be taken into custody and delivered to a Federal immigration facility within Arizona.

The Arizona law does not authorize peace officers to willy-nilly approach any person they happen to see and say “show me your papers.” The threshold requirement is that the initial contact must be legal. Probable cause is not necessary for a police officer to contact and temporarily detain someone. Rather, reasonable suspicion that a law has been or is about to be violated is required. If an officer observes the violation of any traffic law, or a violation of the vehicle code requiring certain lights, license plates, etc., it is legal for that officer to stop the vehicle. Pedestrians can be approached and temporarily detained under the rule of Terry v. Ohio whenever the officer observes activity that gives rise to “a reasonable suspicion that criminal activity is afoot.”

It is unremarkable that during any traffic stop or Terry stop, the officer may request to see some form of identification. This is and was the state of law before the enactment of the new Arizona immigration law. The new law does no more than allow the officer to transport the subject to a Federal immigration facility if the person is unable to produce any of a list of identification documents specified in the law, and the officer has a reasonable basis, i.e., something that the officer can articulate in a report, to believe that the person is illegally in the United States. An Arizona driver license or an Arizona non-driver identification card will suffice, as would an out of state license or ID card so long as it is from a state that requires legal presence in the U.S. as a condition of issuance.

So why are liberals going nuts about this? Actually, there are three separate and distinct reasons. The first and most important, is that liberal Democrats and liberal Republicans alike don’t want Federal immigration law enforced because they see the flow of illegal immigrants as potential voters in every election. But wait, illegal aliens cannot lawfully vote. So what is going on? Easy. Democrats will rely on ACORN to get these people to the polls on election day, and Democrats have successfully stopped all efforts to force them to produce identification at the voting booth.

So what is the Republican strategy to get illegal aliens to vote Republican? The answer will astound you. There is no Republican strategy. What? Then why are liberal Republicans and RINO’s even interested in this? Are any of the illegals going to vote for Republicans? The second question is the easier to answer. The illegals are NOT going to vote for any Republicans, and if not for ACORN they would not be voting at all. They don’t come here to vote, but they will vote in order to gain the protection that is being offered by Democrats and their buddies in ACORN (or whatever name it goes under these days) and their allies in the old media.

So are liberal Republicans and RINO’s stupid or what? The question answers itself.

Those are the first two reasons. Democrats see voters, liberal Republicans and RINO’s are just idiots. The third reason is applicable to libertarians. Libertarians want to return to pre-1875 America when there were no immigration laws at all. If there are going to be any immigration laws, then libertarians don’t want them to be enforced. In this case it is not stupidity, although that might be argued in some cases. People like Professor Donald Boudreaux of George Mason University, a leading advocate of completely open borders, cannot be called stupid, but intelligence has never guaranteed good judgment.

This video of a Tucson city council meeting at which a legal immigrant from Mexico who has since become a naturalized citizen speaks out against the silly idea that Tucson might sue the State of Arizona is stunning and should be widely seen:

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