SB1070 Update: Be careful who you transport to church

by David Safier

I've read every word of SB1070 as well as HB2162, which amends SB1070, putting sheep's clothing on the wolf-like original bill.

Legal minds have said they can't quite decide on the meaning of every section of the law, which tells me it's either poorly written, or it purposely gives wiggle room for all kinds of bad behavior by enforcers of the law.

So I can't say with absolute assurance the following scenario is within the bounds of the law. But it sounds frighteningly plausible to me.

A few new families have joined your church. You know they're undocumented, but you feel these are God's children who should be allowed to attend church services, no matter how they got here.

So, with permission, you take the church's 20 seater van Sunday morning and pick up 3 families, 12 people total.

On the way to church, you may have gone through a yellow light a little too late, after it turned red. At least, that's what the police officer who sees you and a bunch of Hispanics in the van decides, and pulls you over.

While checking your license and the van's registration, the police officer can't help noticing the downward, anxious looks on the adult passengers' faces and hearing the children asking their parents frightened, whispered questions in Spanish.

Since this is a "lawful stop, detention or arrest," and "reasonable suspicion exists" that the people are undocumented, the officer is bound by the law to make a "reasonable attempt" to "determine the immigration status" of the passengers.

It won't take much to determine the 12 are here illegally. For the sin of trying to worship at the church of their choice, they are in very serious trouble.

But the scenario isn't over yet. The vehicle you're driving can be impounded because you are "TRANSPORTING OR MOVING OR ATTEMPTING TO TRANSPORT OR MOVE AN ALIEN IN THIS STATE IN A VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW."

This would be true if you were just transporting one person in your own car. But it could be a whole lot worse if you have 10 or more people. If you have less than 10 illegal aliens, you might be "GUILTY OF A CLASS 1 MISDEMEANOR AND . . . SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS." But if it's 10 or more, it could be a "CLASS 6 FELONY AND THE PERSON IS SUBJECT TO A FINE OF AT LEAST ONE THOUSAND DOLLARS FOR EACH ALIEN WHO IS INVOLVED."

Would this scene play out as I've written it?

Maybe not if you're a good, white Baptist or Mormon. The officer might say your intentions were good but misguided and warn you never to knowingly transport illegal aliens again.

But if you're Hispanic yourself, or you're some damn Lefty transporting the people to one of those Hippie Peace Churches, the law gives the police officer the discretion to throw the full weight of SB1070/HB2162 at you as well as the people you're transporting.

The portions of the law I used for this scenario are 13-2929 and 28-3511. Is there a better legal mind out there who can tell me I've got it wrong?