On hysterias of ignorance and racial profiling…

So Arizona passed a new law that’s apparently got some people believing that the sky is falling in a horrendous cataclysm of racism that gives every officer of the law a white hood and lower-case “t’s.”

So who among these outcriers have read the bill?

In no surprise, I’m quick to see claims of inevitable racial profiling and such flooding the Internet and any airwave people can get on. Equally unsurprising is the lack of “optimism” (for the lack of a better word) that the way this bill is written contains legal language that definitely offers protections for minorities.

Because I know I’m in the vast minority that actually read the thing before reacting, how about we take an actual look at the thing?

B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE 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, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON’S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION. 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. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT ISSUED IDENTIFICATION.

I’ve taken the liberty to put the specific language in bold. If law enforcement officials obviously do profile, there’s obvious language here that it could backfire on them. This isn’t a Nazi-esque “Let me see your papers!” takeover by an either government. The more I think about it, the more I think this law is little more than a bargaining chip Arizona’s using to make the feds get serious about enforcement. They surely realize they’ll have no end of headaches from passing this thing, but no matter how much it backfires, they’ll still get to point at Washington and say, “You drove us to these desperate measures!” — which will put that much more pressure on Congress to A) increase border security or B) pass some form of immigration reform.

There’s going to be a lot legal clusterf*cks caused by this bill, yes, but don’t immediately cry out in hysteria of racial profiling or outright racism. Things are never that simple in the world of law.