Sunday, May 23, 2010

Everyone's asking for "papers" these days

Byron York wants to know... What America is Michael Gerson living in?

The effect of the new law, he argues, will be bad for everybody:
It makes it harder for illegal immigrants to live without scrutiny -- but it also makes it harder for some American citizens to live without suspicion and humiliation. Americans are not accustomed to the command "Your papers, please," however politely delivered. The distinctly American response to such a request would be "Go to hell," and then "See you in court."
Which leads to the question: What America is Gerson living in? No, we are not confronted by actors with heavy German accents demanding our papers. We are instead confronted routinely by people of all stripes asking to see our driver's license. When we board an airplane, we are asked to produce a government-issued photo ID, usually a driver's license. When we make some credit- or debit-card purchases in department stores, we are asked to produce a driver's license. When we enter many office buildings, both private and government, security guards often ask us to produce a driver's license. When we go to doctors' offices and hospitals, we are asked to produce a driver's license. When we check into hotels, we are asked to produce a driver's license. When we purchase some over-the-counter drugs, we are asked to produce a driver's license. If we go to a bar or nightclub, anyone who looks at all young is asked to produce a driver's license. And needless to say, if we have any encounter with police or other authorities, we are asked to produce a driver's license.

Some situations involve an even higher level of scrutiny. When we get a new job, we are asked to provide not a driver's license but a passport or birth certificate to prove citizenship. In other situations, too: When I renewed my District of Columbia driver's license last year, I had to produce a passport to prove citizenship, even though it was a valid, unexpired license I was renewing. And in many places, buying a gun -- a constitutionally-protected right -- involves enormous scrutiny.

And York also comments on the law itself:

Has anyone actually read the law? Contrary to the talk, it is a reasonable, limited, carefully-crafted measure designed to help law enforcement deal with a serious problem in Arizona. Its authors anticipated criticism and went to great lengths to make sure it is constitutional and will hold up in court. It is the criticism of the law that is over the top, not the law itself.
....
Critics have focused on the term "reasonable suspicion" to suggest that the law would give police the power to pick anyone out of a crowd for any reason and force them to prove they are in the U.S. legally. Some foresee mass civil rights violations targeting Hispanics.

What fewer people have noticed is the phrase "lawful contact," which defines what must be going on before police even think about checking immigration status. "That means the officer is already engaged in some detention of an individual because he's violated some other law," says Kris Kobach, a University of Missouri Kansas City Law School professor who helped draft the measure. "The most likely context where this law would come into play is a traffic stop."
....
But what if the driver of the car had shown the officer his driver's license? The law clearly says that if someone produces a valid Arizona driver's license, or other state-issued identification, they are presumed to be here legally. There's no reasonable suspicion.

Is having to produce a driver's license too burdensome? These days, natural-born U.S. citizens, and everybody else, too, are required to show a driver's license to get on an airplane, to check into a hotel, even to purchase some over-the-counter allergy medicines. If it's a burden, it's a burden on everyone.

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