SB1070 Update: News clips

by David Safier

A few bits and pieces:

• In a Washington Post op ed, Professors Gabriel Chin (UA) and Kevin R. Johnson (U.C. Davis) write that racial profiling is absolutely legal under SB1070, due to long standing decisions by the U.S. and Arizona Supreme Courts. They suggest attacking the problem at the source: "The U.S. and Arizona Supreme Courts should reconsider the endorsement of race-based law enforcement, which is contrary to modern notions of equality in America, and conform constitutional law to the principles held dear by most Americans."
• Amelia Cramer, Barbara LaWall's chief deputy for Pima County Attorney Barbara LaWall, may have it wrong about SB1070 and the police training video. She says the video asserts "race, color and ethnicity are not factors that can be taken into consideration whatsoever by law enforcement is establishing reasonable suspicion that someone is in the country illegally." I haven't seen the video, but from what I've read about it, it urges officers to document the non-race/ethnicity parts of their "reasonable suspicion" to shield them from racial profiling charges. The lesson to officers: if you begin with racial profiling (which you probably will in most cases), be sure to cover your ass with lots of other stuff about the suspect acting nervous, not knowing his/her address, wearing south-of-the-border style clothing — anything but skin color and facial characteristics.
• Looks like Nathan Gonzalez of the Republic got it wrong as well. Writing about how Mesa police will deal with SB1070 if it goes into practice, he writes, "Although the law specifically prohibits using a person's race, ethnicity or other identifiers to determine whether to inquire if he or she is in the country legally . . ." Gonzalez should read Chin's analysis of the law that was published in the Republic weeks ago, or he can take a refresher course by reading today's WaPo op ed cited above. However, Mesa Police Chief Frank Milstead gets it absolutely right when he talks about the added costs of the extra bookings and jailings associated with SB1070. And Milstead has a great line: "You cannot arrest your way out of an immigration problem when that many people come across the border every day."
• Related: I haven't seen this locally, but the Latin American Herald Tribune says the number of ethnic studies courses and enrolled students in TUSD's Ethnic Studies program will double next year. Get ready for pre-election fireworks.