Crime and Consequences
Waco attorney Walter M. Reaves Jr. gives behind-the-scenes insight into criminal justice cases and issues. Reaves has been a criminal defense attorney since 1981. A graduate of the University of Houston Law School, he has served on the Texas Criminal Defense Lawyers Association board and currently serves on the Innocence Project of Texas board.
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Did Arizona jump-start the national debate on immigration?
By Walter M. Reaves Jr.
Unless you have been on vacation for the last month or so, you know about the law Arizona recently passed making it illegal to be in the United States illegally. Most people assume that is already a crime. After all, you commonly refer to people in the United States without permission as "being here illegally."
In fact, the only crime that person can be convicted of now is entering the United States after being deported. Someone who comes over here without permission does just that. Only after being deported -- and told not to return -- are they guilty of a criminal offense. Even then the offense is a relatively minor one under federal law -- unless the person was deported after being convicted of a criminal offense. Then, the penalty can be fairly severe if the conviction was for a serious felony.
The law in Arizona has been criticized, and a number of organizations have already pulled conventions, or are taking Arizona out of the running for future conventions. Based on the news coverage you would expect the majority of people are opposed to such a law. In fact, recent polls show a fairly substantial majority of people actually support it. Efforts are already being made in other states to pass similar laws.
The concern most people have is that the law will lead to racial profiling. In other words, people who appear to be Hispanic will be stopped for that reason only. The law prevents that -- for what it's worth. It also does not allow an officer to stop someone for that reason only. Instead, they must have another reason to stop the individual -- such as a traffic violation.
That all looks good on paper, but in real life it is still something that can be easily manipulated. It is a common tactic for officers who want to question an individual to follow them until they commit a traffic violation. Under the current state of the law, the reason for a stop is irrelevant, as long as there is a valid reason to do it. In other words if an officer believes someone is transporting narcotics, it is permissible to follow them and wait until there is a legitimate reason to stop them.
The reason for that is largely due to the difficulty in establishing intent. My guess is that Arizona law will be no different. It will be impossible to establish a racial motivation for a stop as long as there is a permissible basis for it.
I think everyone is anxious to see how the law plays out. If officers aggressively enforce it, it will only be a matter of time before some prominent official -- or a member of their family -- is pulled over and questioned. If that happens often enough, you have to wonder how long it will survive.
There is another substantive question, which is whether a state such as Arizona even has a right to pass such a law. Traditionally, immigration has been something that was controlled and governed by the federal government. There will no doubt be a power struggle over the ability of individual states to pass laws dealing with immigration.
There is no doubt that immigration is now a hot-button issue, and it's not surprising that such a law was passed. It probably should have been expected, especially with the growth of immigrant populations over the last decade. In many locations, immigrants comprise the majority of the population.
History would suggest that at some point the "us versus them" mentality would take over. The Arizona statute is probably just the first. Perhaps it is the catalyst that was needed for a meaningful debate on the issue.
Mexicans people are hard workers
When left to their own devices, many employers find the cheapest labor available. Slavery worked for a while but after slavery was abolished, plenty of cheap labor arrived in the industrial north (and union busting using violent means was permitted) when emigrants from Europe (especially Ireland) arrived in great numbers. In the farming areas, former slave states for example, the cheap labor was imported from Mexico and no one complained. With illegal emigrants doing everything from domestic duties for the rich to hard labor for construction contractors (getting paid by the state), I do not believe that most of the righteous law abiding people who scream about "illegals" are sincere. It is a political issue being utilized with help from the racists who just can't stand to see so many Hispanics in the store or at WalMart, especially if they are speaking in Spanish. Most of them are here legally. Those who are not are being employed by someone. If the employer lures them to America and hires them, knowing they are not here legally, then fine or jail the employer. That would pretty well stop it from continuing. For those who are here and have not gotten into legal trouble, let them stay so long as they do not get into trouble and provide a fast track for citizenship.
The problem of illegal immigration is corroding the very framework and culture our nation was founded on. America is a combination of many peoples that came here legally and waited in line for a chance for a better life. These immigrants make America great because they are willing to conform to society and learn about American culture. The distinction needs to be made that many illegal aliens from Mexico have no desire to conform to society or learn about it. In fact many believe that they have a right to violently take what is not theirs. If we do not get a hold on this problem America will cease to exist as it now stands.
If Americans look at the statistics alone, they will see that we need to throw as many laws and rules at immigration as we can. Illegal immigration is such a problem that the law will never even put a "dent" in the numbers of illegals that cross everyday. The fact that they are coming here to pursue a better life is understandable but the problem, for me, is that a large percentage of them are criminals or have extensive criminal backgrounds. Laws alone will do very little to deter the illegal entry of Meicans.
What part of ILLEGAL don't you understand? If nothing else, crime and corruption has been a part of the Mexican scene for so long ... including its government ... that it has become the norm there. Do we need their attitudes on this and other subjects brought here? You know, the ideals which have made it such a shining light among nations.... Mexico strenuously defends its southern borders. It's immigration rules are far more strenuous than ours. I support Arizona's law. As for racial profiling, do you think we're being over run by the Swiss? Or are you perhaps against exercising common sense? Do you also object to getting dangerous drivers off the roads? In your opinion, who else should be given a pass? George Soros has a job for you.
If u have peolple here illegally y not send them home taking over schools u and i have to pay for all help u and i cant get its not right killing any and everybody over drug trade but here in texas they will not give in to the iegal fact of the matter because they are getting cheap labor not paying no attention to the fact the are here illegally
All this kind of law will accomplish in Arizona or anywhere else will be to enable bad mean cops to be badder and meaner. We already have a deeply entrenched fascist form of government. This law just adds a bit of spit and polish to the jackboot.
So, if people started reporting license plates of family members of the legislators in Arizona as being driven by an person here without permission, then they would get stopped? And that might make the legislators want to change the law?
Series
BAYLOR 2012
THE PLAN: Baylor leaders say new strategy is ambitious, but provides flexibility
• Part 1: '2012' plan still in progress
• Part 2: Still aiming at $2B endowment
• Part 3: A decade of construction
• Part 4: Top-tier research goal
• Part 5: Economic energizer for Waco
• Part 6: Next plan: Aspirations, not goals
Comment here: Did Baylor's 2012 plan meet its objectives?
Mart native in "Battleship," and more local movie news
WCT's "Chicago" enjoyable close to season
Waco restaurant group's golf tourney raises over $11,000
Leo's Mexican Restaurant relocates in West
Spice Village in downtown Waco throws 15th anniversary party today
New crew arrives at space station ahead of Dragon visit
Orf ties Baylor record for getting hit by pitches
Waco Community Band plays Gershwin
A tribute to two departing Waco community builders
State House primary becomes five-man race
Voices around the community.
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