1984 came and passed without many of George Orwell’s prophecies coming to fruition. His novel painted a portrait of a dark world where rights and liberties were stripped. Hindsight is 20-20, but perhaps 2010 would have been a better title.
And instead of naming the main country Oceania, perhaps he should have called it Arizona.
The preposterous legislation approved in Arizona on April 23 is possibly the most disturbing law passed by a state since the Jim Crow laws of the South following the reconstruction period after the Civil War. The law gives police officers the ability to detain people when officers have “reasonable suspicion” that they are in the country illegally and it gives them the power to verify the person’s status with federal officials. The law also makes it a state crime to not carry immigration papers.
Gov. Jan Brewer acknowledged criticism from a variety of protestors, namely in the notion that the law would lead to racial profiling. The governor’s response? “We have to trust our law enforcement.”
No, no, no!
The point of this article is not to slam police officers. They are some of the most underpaid, overworked, and underappreciated people in this country. They risk their lives every day in order to protect citizens and uphold the law. The only time they should come into question is when the law they are told to uphold is completely bogus.
Enter Arizona.
Because we have to ask ourselves what the consequence of this law entails, when would a police officer possibly suspect someone is in our country illegally? Would they suspect a Caucasian? No. One could claim that they could suspect Muslims or Asians, but Arizona’s proximity to Mexico make it pretty clear just who police officers will be “reasonably suspecting.” The aim of the law is to cut down on illegal immigration, and it gives police officers the power to detain anyone who looks Hispanic. Gov. Brewer’s response is a slap in the face. We know what the purpose and goal of this law is. Do not try and place its burden on law enforcement.
The law itself is putting officers in a horrible position. They have to uphold the law; it is their job. And when the law says “detain anyone who looks like an illegal immigrant,” they have to follow through. Meanwhile, the legislative body of Arizona keeps its hands clean.
The Fifth Amendment to the U.S. Constitution reads “No person shall be … deprived of life, liberty, or property without due process of law …” Note the “No person.” This is in stark contrast to the other amendments laid out in the Bill of Rights, which refer to “citizens.” The Fifth Amendment specifically states “No person” as in no one, citizens or otherwise, can have those inalienable rights taken away from them. It is extremely troubling to wonder how or why the legislators of Arizona do not see the law as a violation of the Fifth Amendment. How can elected officials, the people we put into office to represent us, get something so wrong?
There has been violent debate over immigration during the last 30 or so years regarding Hispanics. The easiest argument to make for immigration is that our nation is composed of immigrants. No one in our country can really be anti-immigration because we are all immigrants. The easiest argument for anti-immigration is that these people are here illegally, taking American jobs, and not paying taxes like citizens.
Fine. Valid points.
This Arizona law, however, is something so violently unconstitutional that everyone should be frightened. For proponents of immigration, the consequences are obvious. It should be pointed out to immigration opponents, however, that this is not the way it should happen.
Devote more resources to border security. Implement stricter immigration controls. But do not, under any possible circumstances, tell police officers that they have the right to detain people because they have suspicion they might be illegal immigrants. We can all hope this law will be deemed unconstitutional — and fast. But what if it isn’t? Soon, we will have people being detained for looking a certain way, and the brunt of public outcry is going to fall on police officers, when in all fairness they will simply be doing their jobs.
In Oregon, we are somewhat removed from the harsh immigration battle. But a law of this magnitude, that so clearly infringes upon the rights of all people within our country, citizens or not, should bear everyone’s harshest criticism. It is these types of issues, the ones with potentially broad and long-lasting implications, that should generate massive public outcry. While it is just Arizona and immigration today, how long is it before police officers gain the right to detain anyone who looks Muslim? To search any homes that might be harboring non-citizens?
The “Ministry of Love” is calling for all dissenters to stop and rest a spell in “room 101” where they can face “the worst thing in the world” and be replaced with nothing but love for Big Brother.
1984? Try 2010.
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Arizona: where 2010 is the new 1984
Daily Emerald
May 4, 2010
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