Actually he is charged with enforcing the laws of Arizona and his locality, illegal immigration is a federal crime.
Actually, SB 1070 IS a state law!!! That was the whole point. Give local LE the tools to help do the job the FEDs have failed at.
I am sorry, but when I followed the link about Chief Harris concerns I couldn't find a single quote let along a cogent argument. Maybe I wasn't looking well enough or the link is broken, either way, I know his concerns as they are reported well in AZ. His concerns are those of an administrator that is reflecting the views of his bosses, the mayor and city manager. Near as I can tell all, but one, of AZ sheriff’s, which are elected, approve of this law. All of the police officer associations and unions approve of this law. Chief Harris is a damn fine Chief of Police. I believe his concerns are overblown.
As an update, the new law has already been amended by the legislature. It tightens things up even more where concern about racial profiling has been loudest and clears up some unintentional vagueness.
SB 1070: NOW: safe neighborhoods; immigration; law enforcement
• Changes “lawful contact” to “lawful stop, detention or arrest.”
• Stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state.
• Stipulates that a reasonable attempt must be made, when practicable, to determine the immigration status of a person, except if the determination may hinder or obstruct an investigation when reasonable suspicion exists that the person is an alien and is unlawfully present in the U.S.
• Removes “solely” from the provision relating the prohibition on discriminatory enforcement.
• Stipulates that for the Enforcement of Immigration Law, Unlawfully Picking up Passengers for Work and Unlawfully Transporting or Harboring Unlawful Aliens the immigration status may be determined by:Ø A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.
Ø ICE or CBP pursuant to 8 U.S.C. § 1373(c).
• Specifies that 8 U.S.C § 1373 and 8 U.S.C § 1644 are included in the federal immigration laws relating to challenges regarding policies adopted or implemented by an entity.
• Stipulates that for the enforcement of Willful Failure to Complete or Carry an Alien Registration Document, Unlawfully Picking up Passengers for Work and Unlawfully Transporting or Harboring Unlawful Aliens a law enforcement official or agency cannot consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.
• Eliminates certain violations of Willful Failure to Complete or Carry an Alien Registration Document that were class 3 and class 4 felonies.
• Limits fines for first time violators of Willful Failure to Complete or Carry an Alien Registration Document to $100.
• Prohibits the courts from sentencing first time violators of Willful Failure to Complete or Carry a Alien Registration Document to more than 20 days in jail.
• Prohibits the courts from sentencing second or subsequent violators of Willful Failure to Complete or Carry an Alien Registration Document to more than 30 days in jail.
http://www.azleg.gov/legtext/49leg/2r/summary/h.hb2162_ccmemo.doc.htmn
Do these changes give any of you critics a warm fuzzy yet?
The 4th Amendment has NOTHING to do with race or "getting shot".
You are not a legal scholar, lawyer, or, apparently, interested in a little research to inform a lively factual debate. You would rather just shoot your mouth off. Let me help you. The Fourth Amendment refers, in part, to “seizures”. Like most people I suppose you think that refers to evidence, like finding dope in a car, or seizing computer data without a warrant. It also refers to the seizing of one’s person, as in an arrest, and in the extreme, “seizing” one’s life. The fourth amendment is very often the basis of law suits brought by the real and imagined victims of a police shooting. I know, I have sat in courtrooms and watched the trial of cases brought under the fourth amendment in police shootings.