Other States Taking Cue From Arizona Law

Chuck Neubauer, Washington Times, May 10, 2010

A controversial law passed in Arizona giving state and local police the right to arrest anyone reasonably suspected of being an illegal immigrant is catching on nationwide, with lawmakers and others in several states considering similar legislation.

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Mr. Metcalfe [Pennsylvania state Rep. Daryl Metcalfe], a Republican who introduced legislation last week modeled on the Arizona law, said his bill would give “every illegal alien residing in Pennsylvania two options: Leave immediately or go to jail.”

His bill would, among other things, give state and local law enforcement officials full authority to apprehend Pennsylvania’s estimated 140,000 illegal immigrants and require law enforcement officers to attempt to verify the immigration status of suspected illegal immigrants. It also would make it a criminal offense for illegal immigrants to fail to register as foreigners or to have proof that they did.

South Carolina state Rep. Eric Bedingfield, a Republican, has sponsored a bill in that state allowing the verification of a person’s immigration status and providing for the “warrantless arrest of persons suspected of being present in the United States unlawfully.”

Mr. Bedingfield’s bill also would target illegal immigrants who fail to complete or carry legal registration documents and would criminalize “hiring and picking up workers at different locations while impeding traffic.”

He said his constituents are concerned about illegal immigration and that he had received numerous communications from constituents asking when South Carolina would take the additional step as lawmakers did in Arizona. The bill, he said, has 20 to 30 co-sponsors and is pending in the House, but it might be difficult to get it to the Senate floor before the end of the session June 1.

In Oklahoma, state Rep. Randy Terrill said he and some other lawmakers still hope to pass a bill similar to Arizona’s new law this session and “go beyond it.” Mr. Terrill, a longtime advocate for tougher immigration laws, said his group also would like the legislation to include tougher penalties for illegal immigrants caught with firearms.

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Similar efforts are under way in Minnesota, Maryland, North Carolina, Texas, Missouri, Nebraska and Idaho.

Several political leaders, immigrant advocacy rights groups and others have said they will challenge the Arizona law as unconstitutional.

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Attorney General Eric H. Holder Jr. on Sunday said the Justice Department is considering a federal lawsuit against Arizona’s new immigration law. He told NBC’s “Meet the Press” that the lawsuit could challenge whether the law would lead to civil rights violations.

The Arizona law is set to take effect in midsummer and authorizes state and local law enforcement officers to determine during lawful stops the immigration status of people for whom there is “reasonable suspicion” that they are in the country illegally. {snip}

Reasonable suspicion is a legal standard requiring that before someone is arrested or detained there must be reasonable belief that the person has been, is or is about to be engaged in criminal activity.

A recent Rasmussen Reports poll found that 70 percent of likely Arizona voters approve of the legislation, while 23 percent oppose it.

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Utah House Speaker David Clark said he expects an Arizona-type bill to be introduced next year when that state’s legislature returns to session. Mr. Clark, a Republican, said Utah residents are “concerned” and “frustrated” about immigration and that Congress needs to act.

“In Utah, we don’t have the right to deport anyone,” he said. {snip}

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