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| Border security bill draws ire of immigrants rights groups |
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| Written by Adam Lehrer |
| Friday, 30 April 2010 18:13 |
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Law enforcement officials and prosecutors in Cochise County remain unclear on how to enforce the state's new immigration bill as some are worried about the potential for the hostility it could create.
Among other things, the bill — SB 1070 — will enable law enforcement officers to detain anybody who is unable to prove lawful residence in the United States and requires police to make a "reasonable attempt" to determine immigration status on the fly. Police will be able to apprehend anyone, without a warrant, if the officer has probable cause to believe that the person has committed any public offense that makes them removable from the United States. Illegal immigrants caught by law enforcement will then be turned over to Immigration and Customs Enforcement (ICE). The law is already being referred to as the toughest immigration bill in the U.S. by critics on both sides of the bill, leading to threats of court challenges and cries for boycotts. Mexican authorities have issued a travel advisory for its citizens planning trips to Arizona. The Cochise County Attorney was initially nervous about the bill and the economic effect it would have on the community, but says that now, with the bill signed into law, the department would uphold it. "I was initially worried about the economic impact the bill would have on the county," said Cochise County Attorney Edward G. Rheinheimer, "But now that it has been signed, our job is to enforce it and do the best we can with it." What exactly makes an individual look "reasonably suspicious" is debatable, and this ambiguity has led many to believe that the bill will lead to racial profiling. "Nobody can give you a hard and fast description of what it means to look reasonably suspicious," said Rheinheimer, "Reasonable suspicion differs from case to case." Tombstone Marshal Larry Talvy was hesitant to give a clear description of "reasonable suspicion" but said there are certainly more factors that go into an officer's assessment than a suspect's ethnicity. "That's something that we'll have to evaluate, what is reasonable suspicion," Talvy said. "Hispanic males walking down the street, that's not suspicious. We'll look at the circumstances these people are being reported in. Are they trying to conceal themselves behind a building? Do we have a group of people piling into a van from the desert area?" The bill's sponsor, Arizona Sen. Russell Pearce, says the bill will remove "political handcuffs" from police and drive illegal immigrants out of the state. Two thousand people protested in Phoenix last Friday against the bill. Demonstrators said the bill would inevitably lead to human rights violations. Immigrants rights groups were among those outraged by the bill, claiming it will only lead to racial profiling by law enforcement groups. "This is an unjust and unconstitutional law that people won't stand for," said Jennifer Allen of Border Action Network, a Tucson-based immigrant rights group. Rheinheimer said Cochise County has never had problems with racial profiling, and that this bill shouldn't influence any law enforcement in the county to apprehend people based on ethnicity or race. Talvy is worried about the hostility that may occur between individuals taking offense and law enforcement officials asking for their documents. "I think the Hispanic community is upset because they think the bill is racially motivated. That's not the case. We have a severe problem with illegal immigration."
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