First it was Arizona, now it is Texas

Arizona State Bill 1070, otherwise known as “Support Our Law Enforcement and Safe Neighborhoods Act” signed by Arizona Governor Jan Brewer earlier this week may not have a long enough shelf life to determine its effect.

The verbiage that is causing the controversy and that must be reviewed would be “reasonable suspicion” and what exactly does it constitute.

The bill text states:

“Where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made to determine the immigration status of the person. The person’s immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c).”

Those two words create a dilemma for local and state law enforcement officials who will enforce the newly minted law.

5th Amendment - No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

This amendment offers protection from self-incrimination and due process, which undoubtedly would be infringed when it is assumed that you have broken the law because you look like you should not be in the United States legally.

6th Amendment - In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

This amendment guarantees that any citizen or non-citizen has the right to legal representation and along with the 5th amendment it composes what we know as the Miranda Law. In essence, you do not have to speak to a police officer, which I highly recommend, regardless if you are innocent or guilty.

14th Amendment - All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

In other words, no one can be treated differently regardless of his or her citizenship status. In essence this is what deters racial profiling. Laws including state law have to apply equally to everyone. Furthermore, this amendment and the 1798 Naturalization Act establishes who is a citizen of the United States but neither law requires that one must carry proof of citizenship on their person.

Presumption of Innocence – Although the Constitution does not explicitly cite this right, it is widely accepted that it is followed from the previously listed amendments. Coffin v. United States is the Supreme Court case that established the presumption of innocence of persons accused of crimes. The burden of proof falls on the state to prove that you violated the law you are accused of violating. Remember the innocent until proven guilty … this is where we got it from. The way this bill is worded, one can be arrested because of “reasonable suspicion” and without due process or presumption of innocence … guess what just violated the US Constitution?

Now it seems that Texas felt like it was left behind and it wants in on the publicity. Tomball Republican Debbie Riddle plans to introduce a similar immigration measure to the new law in Arizona as soon as next January.

Riddle claims, “The first priority for any elected official is to make sure that the safety and security of Texans is well-established. If our federal government did their job, then Arizona wouldn’t have to take this action, and neither would Texas”

This is not the first time Riddle has pulled this stunt. She introduced a similar measure last year but it died in committee.

State Representative Armando Walle released the following response to Riddle’s statement:

“Core American values should not be excluded in pursuit of border security, or in making a statement on immigration. The passage of S.B. 1070 in Arizona represents a giant step backwards, and a movement away from our core American values such as equal protection and due process. This new, anti-American law will also undermine public safety and trigger a greater budget deficit in Arizona. Texas cannot afford to go down Arizona’s misguided and wasteful path.

Fair treatment, regardless of the color of someone’s skin or the language they speak, lies at the heart of our American values. Arizona’s new law fails to provide equal protection for folks in Arizona because "reasonable suspicion" that someone is undocumented could be as simple as how they look or speak. Arizona law enforcement agents will now have the power to require proof of lawful presence. In reality, immigration judges are the best referees of determining whether or not someone is in the country legally. In granting these sweeping powers to law enforcement, Arizona’s new law is chipping away at the right to due process.

Imagine always having to leave home with your birth certificate in hand, or living in constant fear of the authorities who are supposed to keep you safe. This divisive law will cut off immigrant families from healthy communication with the authorities, and make it harder for law enforcement to do their job. And public safety in all neighborhoods will suffer.

Already there are calls for Texas to pass similar legislation. It would be a fiscal nightmare. If Texas were to pass a similar law, it would spell losses of $69.3 billion in economic activity 403,000 jobs. While Arizona moves backwards, Texas must take stock of what is best for the safety of our communities and the health of our economy, and follow our values away from Arizona’s example.”

I find it hard for Riddle to accomplish anything with this bill. Texas will not pass a similar bill … mark my words. Perhaps, this is the rallying call that Democrats need to energize Hispanics in the upcoming state election here in Texas. Let’s hope that Bill White and company capitalize on this.