Racial profiling legal says AZ professor

[SargeUNN]

Source: Arizona Republic

One of the go-to experts in the SB 1070 debate has been Professor Gabriel Chin at the University of Arizona.

In Tuesday’s Washington Post, Chin and University of California Davis Professor Kevin Johnson argue that the U.S. Supreme Court and the Arizona State Supreme Court have allowed racial profiling when it comes to immigration enforcement. (Read their essay here.)

According to the professors, “Supporters and opponents of SB 1070 assume that racial profiling is unconstitutional, largely because many Americans believe that it ought to be. In fact, the U.S. Supreme Court has approved the racial profiling permitted – indeed encouraged – by SB 1070.”

At the same time, the professors believe that the U.S. Justice Department’s challenge to the Arizona law will prevail based on the argument that there should be one unifying federal law regarding immigration enforcement and not a patchwork of state laws.

Does any of that make sense?

Maybe not. Perhaps because both supporters and opponents of SB 1070 spend almost all of their time arguing from an emotional point of view rather than a practical or legal one.

The Supreme Court ruling from 1975 is United States v. Brigoni-Ponce. It called “Mexican appearance a relevant factor” during immigration stops.



According to Professor Chin, to whom I spoke on Wednesday, SB 1070 actually DOES allow for racial profiling. The law seems to preclude it, but then has a phrase that reads that race and ethnicity do not play a role "except to the extent permitted by the United States or Arizona Constitution."



Chin said, "If the legislators in Arizona really didn't want profiling to come into play there would be no exception. But the fact it, the exception exists."



And the 1975 ruling appears to allow it.



So, now what?


Read more: http://www.azcentral.com/members/Blog/EJMontini/90363

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well so much for the claim profiling won't happen. This guy is a go to person.

[Monique1]

1. I knew it

[theoldman]

2. All police officers use racial profiling.

It's the easiest way to write tickets and make arrests. The only difference in the Arizona law is that it focusses on immigrants.

[EFerrari]

3. So now it needs to continue to be challenged

because racially profiling Latinos puts citizens at risk. Period. Plessy was once was the last word, too.

[Monique1]

4. Part of that law

- if you are driving a car and gets stopped and if you have suspect illegal passenger your car and they don't have their papers, you are in big trouble. You can be fined.

[EFerrari]

5. Yep. Regardless of your status. $$$ for the state

taken out of the wallets of its poorest citizens.

[Monique1]

7. I gave up volunteering to drive people around who need help

I can't afford a fine or the problems that may follow.

[EFerrari]

8. Eric Holder needs to get an injunction.

:(

People are worried. Even here in San Jose where our sheriff has expressed his opposition to AZ SB 1070, it ripples through the community. A rider was hit by a car on our road. The horse died and he was taken to the hospital. But to control the area, instead of waving people away at a decent distance, the responding police started CARDING people who approached the scene. They were hostile and their hostility had a new impunity.

[Monique1]

6. Sorry, I made many grammar mistakes in my post

[EFerrari]

9. It was fine. Welcome to DU, Monique!

:hi:

[Dogtown]

13. It was easy to understand your post.

:hi:

[No Elephants]

20. No worries. Most people read posts for substance. Pisants need to get over it.

[Kweli4Real]

12. This portion of the law ...

While presumably targetting human trafficker, here in Tucson, I can think of several "christians" who will be used to attack the churches that actually do God's work ... you know, ministering to the poor and sick and disenfranchised; rather than, the work of (?) ... you know, "get as much as you can, by whatever means because you are god's warrior.

[bongbong]

10. I wonder...?

I wonder if the Arizona law includes a provision that a cop has to say "Achtung! Ausweispapiere!" when he/she does a racial profiling stop?

[The Backlash Cometh]

11. Here's my racial profile of the day:

People with the surname "Chin" are Communist infiltrators. They should be stopped and asked for their papers at every opportunity.

[madrchsod]

15. eastern european construction workers in chicagoland....

i do`t want to think about the irish....second behind the latin american illegals

[fascisthunter]

19. don't forget about the Norwegians!

[madrchsod]

24. most of them are in lake wobegon........

[fascisthunter]

18. lol

[madrchsod]

14. remember this law is about voter intimidation/suppression.

older mexican americans are leaving the republican party and first time voters are registering democratic.


the law is clearly racist because there`s no provision in it for the european and asian illegals that are in arizona and other states.

[nbcouch]

16. Mexican appearance???

It goes to the Fourth Amendment and probable cause. There's nothing about having a "Mexican appearance" that creates probable cause to believe a crime is being committed, unless you assume that all Mexicans are criminals, thereby violating presumption of innocence. In other words, racial profiling is institutionalized racism, plain and simple. That too is unconstitutional (14th Amendment, equal protection). Arizona SB 1070 is utterly unenforceable without it, and should therefore be struck down and abolished before it can ever be enacted or enforced.

[ProudDad]

17. So now; this racist, stupid, unnecessary, voter suppression law

will be halted by a Federal Injunction...

Since there are numerous unConstitutional provisions within it...

Read further in the article:

"At the same time, the professors believe that the U.S. Justice Department’s challenge to the Arizona law will prevail based on the argument that there should be one unifying federal law regarding immigration enforcement and not a patchwork of state laws."

GOOD!

[ProgressiveProfessor]

21. Don't be so sure

The law profs I know expect some of it to be blocked and other portions to go forward. Severability comes into play.

[ProudDad]

27. I hope you're wrong

there's nothing in the racist piece of shit law written by anti-immigrant jerks and pushed by a neo-nazi mormon that deserves to ever see the light of day...

It's all about votes for the right wing and suppressing those nasty Mexican-American votes for "democrats"...

[ProgressiveProfessor]

31. What is more of a concern is the support it has received across the nation from Democratic Party

members in the polls

[provis99]

22. so we profile those that look like Mexicans?

Here are some examples of Mexicans:





They're all Mexican: I guess we need to be stopping all the white people in Arizona to find out if they're legal or not.

[nbcouch]

25. hey man, don't you know?

REAL Mexicans all look like the Frito Bandito!

[lonestarnot]

23. I'm no lawyer but the

"In this case the officers relied on a single factor to justify stopping respondent's car: the apparent Mexican ancestry 886*886 of the occupants.<11> We cannot conclude that this furnished reasonable grounds to believe that the three occupants were aliens. At best the officers had only a fleeting glimpse of the persons in the moving car, illuminated by headlights. Even if they saw enough to think that the occupants were of Mexican descent, this factor alone would justify neither a reasonable belief that they were aliens, nor a reasonable belief that the car concealed other aliens who were illegally in the country. Large numbers of native-born and naturalized citizens have the physical characteristics identified with Mexican ancestry, and even in the border area a relatively small proportion of them are aliens.<12> The likelihood that any given 887*887 person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor, but standing alone it does not justify stopping all Mexican-Americans to ask if they are aliens."

Judgment from 9th Circuit affirmed.

[alp227]

26. And college professors are sposed to be LIBERAL!

Oh well there is a fair share of conservatives in academia who are ready and willing to apologize for the Bush administration or flagrant civil liberties violations.

[ProudDad]

28. Read further in the article...

U of A is somewhat "liberal"...

"At the same time, the professors believe that the U.S. Justice Department’s challenge to the Arizona law will prevail based on the argument that there should be one unifying federal law regarding immigration enforcement and not a patchwork of state laws."

This is a good thing...

They just made a point that according to the SCUTS of SCOTUS racial profiling is NOT necessarily illegal here in the USAmerikan Police State Empire...just like executing an innocent person is not "illegal" or unconstitutional according to the Supremes...

Remeber, these are the assholes who have ruled that Money is Speech and that Corporations are People... Why the hell should they worry about a little racism...?

[alp227]

29. Whoops sorry I thought they were defending racial profiling

but then now i see that the professors were analysing the bill. sorry and thank you for correcting me. :hi:

[ProudDad]

30. No problem...

:hi:

[joebaur42]

32. Explain...

But he's just a legal professor!