Arizona’s S.B.1070, and 287(g) agreements blatantly sanction the unconstitutional criteria of “reasonable suspicion” as their means to single out potential “illegal immigrants” based on their “Mexican appearance”.
La Ley S.B. 1070 de Arizona y los acuerdos 287-g del gobierno federal descaradamente usan el inconstitucional criterio de la “razonable sospecha” como el medio para identificar supuestos “inmigrantes ilegales” amparándose únicamente en su “apariencia mexicana”.
The “Mexican appearance” or “Mexican descent” criteria is a monstrosity borne from a confused ruling by the U.S. Supreme Court in June of 1975.
“The Fourth Amendment held not to allow a roving patrol of the Border Patrol to stop a vehicle near the Mexican border,” ruled the Supreme Court, but it then opened a Pandora’s box by saying, “when the only ground for suspicion is that the occupants appear to be of Mexican ancestry”.
“Stops” due to “Mexican appearance” would only be allowed according to the Court if coupled with “other specific articulable facts” such as being “within 100 miles from the border” or “factual information about illegal border crossings”, “a driver’s behavior”, or the “aspect of the vehicle”.
Seemingly fair this ruling concluded: “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.”
Appearing to be Mexican was after all a liability for the great majority of Hispanic American citizens.
Would law enforcers abuse this ruling? To “appear Mexican” in the eyes of law enforcers, like practically every other Hispanic in the U.S., sadly is somehow enough grounds to suspect their citizenship? How can this possibly be for 15% of the U.S. population?
Back in 1975 and today, law enforcement is abusively going beyond that confused ruling; “mere appearance” has been used all by itself not only for “stops” but also for warrantless “detentions” and “searches.” One such example of this aberration is the policeman who detained a car accident victim because he appeared to be an immigrant, in a case denounced this year by the Inspector General of the Department of Homeland Security.
“The suspicion test has indeed brought a state of affairs where the police may stop citizens on the highway on the flimsiest of justifications,” warned Supreme Court Justice Douglas. “Hopes that the suspicion test might be employed only in the pursuit of violent crime…have now been dashed, as it has been applied…in apprehension of “illegal” aliens,” denounced Justice Douglas 35 years ago.
Ironically Obama lashed out against Arizona’s SB 1070, but he bears a much greater responsibility for the rampant profiling and violation of the Fourth Amendment when his administration on a much greater scale continues to delegate immigration powers through its 287(g) agreements with state and local police throughout all of the United States.
We the “Mexican looking” Hispanic Americans are indeed not equal in the eyes neither of the law nor law enforcement. Only upholding the U.S. Constitution and its Fourth Amendment might prevent this national disgrace to fester.
