I was stunned to read this article by E.J. Montini: Racial profiling legal says AZ prof. While I'm not stunned that profiling would occur, I am stunned to read that the Supreme Court has ruled it's okay.
The Supreme Court ruling from 1975 is United States v. Brigoni-Ponce. It called "Mexican appearance a relevant factor" during immigration stops.
I'm shaking as I write this....note to self: shouldn't be surprised.
http://azcentral.com/
One of the go-to experts in the SB 1070 debate has been Professor Gabriel Chin at the University of Arizona.
In Tuesday’s Washington Post, Chin and University of California Davis Professor Kevin Johnson argue that the U.S. Supreme Court and the Arizona State Supreme Court have allowed racial profiling when it comes to immigration enforcement
.
According to the professors, "Supporters and opponents of SB 1070 assume that racial profiling is unconstitutional, largely because many Americans believe that it ought to be. In fact, the U.S. Supreme Court has approved the racial profiling permitted – indeed encouraged – by SB 1070."
Montini goes on to say:
According to Professor Chin, to whom I spoke on Wednesday, SB 1070 actually DOES allow for racial profiling. The law seems to preclude it, but then has a phrase that reads that race and ethnicity do not play a role "except to the extent permitted by the United States or Arizona Constitution."
Chin said, "If the legislators in Arizona really didn't want profiling to come into play there would be no exception. But the fact it, the exception exists."
http://www.washingtonpost.com/...
In a 1975 case regarding the Border Patrol's power to stop vehicles near the U.S.-Mexico border and question the occupants about their citizenship and immigration status, United States v. Brignoni-Ponce, the high court ruled that the "likelihood that any given person of Mexican ancestry is an alien is high enough to make Mexican appearance a relevant factor." In 1982 the Arizona Supreme Court agreed, ruling in State v. Graciano that "enforcement of immigration laws often involves a relevant consideration of ethnic factors."
Arizona's immigration law states that a "law enforcement official or agency . . . may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona constitution." Although supporters of the law, including Gov. Jan Brewer (R) and other state officials, have said repeatedly that racial profiling is prohibited in its enforcement and that those charged with carrying out the law will be trained to avoid it, the fact that the legislature included this careful exception is significant.
I wait for you legal eagles out there to weigh in on this.