David Limbaugh on Arizona

From Townhall.com: How Dare Arizonans Try to Protect Themselves?

Arizonans didn't just gratuitously pass a bill to harass illegal immigrants. They are tired of the hundreds of violent crimes being committed by illegal aliens, with Phoenix being North America's kidnapping capital and primary location of human smuggling. An Arizonan rancher was recently murdered on his own property by an alleged illegal alien, and three Phoenix police officers have been shot by illegal aliens since 1999.

But Arizonans didn't go out and form lynching parties. They consulted with legal experts and crafted a sophisticated, thoughtful piece of legislation designed to crack down on illegal immigration in their state. I know the idea of states' rights is a bit passe today, but some still take it seriously, as they do the right to defend themselves and their properties.

Knowing that political opportunists and race-baiters would attack the law sight unseen and attempt to inflame passions instead of encouraging reasoned debate -- just as they've done with legitimate tea party protests -- the Arizonans anticipated constitutional challenges and specifically drafted the law to satisfy them.

....

Law professor Kris Kobach, who specializes in immigration law and who helped draft the Arizona law, has addressed the many myths associated with the law. The law cannot be applied against U.S. citizens; only aliens can be found guilty under the law. But even noncitizens aren't going to be harassed at the ice-cream stand, because the law first requires law enforcement to have made a "lawful contact" with a person, such as stopping him for speeding. Next, before asking for someone's papers, an officer must have a "reasonable suspicion" that an immigration law was violated. Third, the cop must then contact the federal authorities to see whether the person is legal or not. Moreover, federal law already requires aliens to carry identification, so this law doesn't impose any additional burden in that respect.

The drafters went to great pains to insulate the law from a federal pre-emption challenge by making sure it was perfectly harmonious with the federal laws. You can only be guilty of the Arizona law if you are guilty of the federal law, and in all cases, the state will defer to the feds.

The law also expressly prohibits racial profiling and will actually make profiling less likely because state authorities will be required to contact the feds to verify their assessment as to a person's legal status. Fourth Amendment protections on this will also attach.

It's time that demagogic politicians quit stoking the flames of racial disharmony every other time American citizens try to protect themselves and their rights. But don't hold your breath; they don't have many other avenues left to turn back the coming conservative electoral tide of 2010.