SB1070 Update: Why is this in the bill? Part 1

by David Safier

SB1070 is filled with sloppy writing and problematic stipulations. But two passages nag at me for a different reason than other parts of the legislation. With these two I ask myself, "Why did they decide it was necessary to put this in the bill?"

Here's the first. It's part of the meatiest section of the bill which talks about asking for identification during a "lawful stop, detention or arrest" of anyone for whom there is "reasonable suspicion" he/she might be an illegal alien.

This sentence is thrown in almost as an afterthought, an "Oh, by the way . . ." It says SB1070 isn't a gateway law that will lead to a National ID Card.

This section does not implement, authorize or establish and shall not  be construed to implement, authorize or establish the Real ID Act of  2005 (P.L. 109-13, Division B; 119 Stat. 302), Including the use of a radio  frequency identification chip.

The Real ID Act establishes national rules about the ID required to get a driver's license. In other words, if the Real ID Act were ever put into place (it hasn't been yet), it would be a significant step toward establishing a National ID Card, which is opposed by the right and the left.

So why throw in a denial saying, "The law doesn't require anything like a
National ID card"?

The answer I come up with is, the people who crafted the bill know that, basically, the bill moves Arizona in the direction of requiring something like a National ID card. It truly is a "Show me your papers" law. People who are asked for documentation proving they are in the country legally had better be able to produce something acceptable on the spot or be hauled off to the police station until someone supplies the necessary papers. Without the proper ID, you're guilty until proven innocent.

The right and the left both consider mandatory ID to be an intrusion on people's rights. The Tea Party folks, who tend toward hysteria about any kinds of government intrusion, should be hysterical about this law — except for one thing. In real life, the only people who will need their papers on them at all times are brown people.

If you're white, you're all right.

So the sentence about the Real ID Act is saying to the right, "Don't worry your pretty little white heads about this bill affecting you. We all know the only people who will have to carry papers will be those other people, not good [white] Americans like you and me."

Part 2 will ask: Why is it necessary to say child protective service workers and ambulance drivers won't have to worry about being busted for transporting illegal aliens?