Constitutionality of Arizona law called into question
Gordon Hayes on June 3 wrote in favor of the Arizona law requiring the production of proof of citizenship “papers” upon the demand of the “police” acting upon “reasonable suspicion.”
Perhaps Mr. Hayes should read SB-1070. What are the required “papers”?
According to Arizona Revised Statutes 11-1051, those “papers” are either an Arizonaissued driver’s license or identification card, a tribal identification card or any valid identification issued by any federal, state or local government but only if that government requires “proof of legal residence” to issue the identification.
If a person cannot immediately produce such papers, that person must be arrested and jailed until legal status can be verified by federal immigration officers.
Mr. Hayes says, “Everyone in this country must carry ‘papers’ already. If you’re stopped by police, you’re required to show valid identification or you can be detained.”
Really?
Many people walk, jog, swim, fly kites, bird watch and simply live daily without any ID. The Arizona law goes beyond federal law because it criminalizes the status of being illegal, and it presumes that everybody who is stopped is illegal.
Does Mr. Hayes carry ID that shows that he is not illegal? What? A California driver’s license? Does that qualify under Arizona law?
Who decides, the cop who arrests him?
Each state decides who may have a driver’s license in that state. Thus, each state must decide whether it is more important to not issue driver’s licenses to illegal aliens, who will drive anyway, or issue licenses if they have insurance in order to protect legal residents from harm.
Arizona’s power ends at its border. It cannot control what the voters of California or New Mexico decide is best for their residents.
Yet it tries to, and that’s clearly illegal under the U.S. Constitution.
Raymond A. Greenberg Westlake Village
The writer is an attorney.


