In allowing the notorious "show me your papers" provision of Arizona's SB 1070 bill, the U.S. Supreme Court effectively supports the rollback of rights and protections that have been long fought for and honored in this country -- specifically, the freedom from racial discrimination. Importantly, the Court struck down the other three provisions that had been challenged in the case.
Ruling on whether or not the "show me your papers" provision (Section 2B) "pre-empted" federal authority in immigration, the highest court in the country decided it was "premature" to block it. However, we are alarmed that this provision, very much the heart of SB 1070, can only be implemented through racial profiling.
The provision requires state and local law enforcement to determine the immigration status of any person lawfully stopped, detained or arrested whenever there is "reasonable suspicion" that the person may be undocumented, and to verify that person's status with the federal government.
As an Arizona community leader has pointed out, "and we know what 'reasonable suspicion' is: brown skin."
Although the ruling left open the potential for legal challenges on the implementation of the law, we are deeply concerned, in the meantime, about the rights and protections of our communities in Arizona. Already, it has been the practice of police in the Tucson sector to "hold" people they have stopped for 20 minutes until they can make contact with a federal agent - not a problem given that there are literally thousands of Border Patrol agents constantly milling around, particularly with the decrease in cross border migration. This practice will undoubtedly increase the number of immigrants who are being detained and deported simply because they were driving their children to school, going to a grocery store, or just going about their daily lives.
