Prabhu Solution

• http://sites.google.com/site/sb1070solution/file-cabinet/SampleLetter2GovernorBrewer.doc (customize and print)
  
• http://sites.google.com/site/sb1070solution/file-cabinet/SampleLetter2GovernorBrewer.pdf (print)
  

Dear Governor Brewer:

Illegal immigration from Mexico is a significant issue. The federal government and Arizona have been unsuccessful to-date in securing the border or preventing businesses and individuals from employing undocumented workers. I read SB1070 (as amended by HB2162: http://www.azleg.gov/alispdfs/council/SB1070-HB2162.PDF) and I agree with several of the good intentions behind the law. However, through the combination of Section 2 (11-1051), subsection A and the exception clause in Section 2 (11-1051), subsection B in conjunction with the last sentence of the Opinion of the Court in UNITED STATES v. BRIGNONI-PONCE, 422 U.S. 873 (1975) - see below for relevant excerpts - the law is still worded in a way that allows race, ancestry, native tongue, or cultural customs (e.g. looking or not looking at people in the eye) to be considered as factors in establishing reasonable suspicion to question if someone is an undocumented non-citizen. For more background including legal precedents, please read page 4 of Arizona Senate Bill 1070: A Preliminary Report co-authored by Professor Jack Chin at the University of Arizona.

May I ask you to consider the important yet simple modifications outlined below to the existing law? You can strengthen the law while treating people, most of whom are U.S. citizens, of all races equally. This is morally consistent with the Golden Rule: "Do to others whatever you would have them do to you. This is the law." You can set a great example for other states to follow and in one fell swoop, you can put all the brouhaha surrounding SB1070 to rest.

1. Amend the law to provide explicitly that race cannot be used as a criterion for a lawful stop, detention, or arrest, except officers may rely on race and ethnicity in a specific suspect description. Explicitly state race, color, national origin, native tongue, or cultural customs are not to be considered as factors in establishing reasonable suspicion of undocumented status; and remove the clause “except to the extent permitted by the United States or Arizona Constitution” when stating that race may not be considered as a factor. This is consistent with Department of Justice recommendations http://www.justice.gov/crt/split/documents/guidance_on_race.php, section I, subsection A. Explicitly state that evidence of drug trafficking or human smuggling can contribute to reasonable suspicion.
2. Require peace officers to ask everyone during a lawful stop: (a) are they a U.S. citizen? If no, (b) how did they enter the United States? The answers to these questions can provide reasonable suspicion without any explicit or unintended consideration of race or ancestry.
3. Police can require proof of immigration status if someone is arrested. However for lawful stops, while they may ask the questions in item 2 above, a person is not required to answer them or to admit they are undocumented. Therefore, please petition the federal government to give states the authority to require proof of immigration status during any lawful stop. Everyone is asked at border crossings or when flying in from overseas. Everyone should be asked before starting a job. How different is checking immigration status than checking for outstanding warrants during a lawful traffic stop?

Selected excerpts from SB1070 and a Supreme Court decision:

Section 2 (11-1051), subsection A:

NO OFFICIAL ... OF THIS STATE MAY LIMIT OR RESTRICT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW.

Section 2 (11-1051), subsection B:

A LAW ENFORCEMENT OFFICIAL OF THIS STATE MAY NOT (SOLELY*) CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION.

Last sentence of the Opinion of the Court in UNITED STATES v. BRIGNONI-PONCE, 422 U.S. 873 (1975) http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=422&invol=873

The likelihood that any given 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.

* SB1070 explicitly stated that race may not be the sole factor in determining reasonable suspicion of undocumented immigration status. However, it didn't prohibit race as a factor. While HB2162 amended SB1070 after less than one week to strike out the word solely, as explained above, the law continues to allow race to be considered as a factor. I'm arguing to unambiguously correct this.