FACTS AND FICTION: ARIZONA SENATE BILL 1070 … THE SUPPORT OUR LAW ENFORCEMENT AND SAFE NEIGHBORHOODS ACT.

MYTH NO. 1: THE LAW REQUIRES ALIENS TO CARRY IDENTIFICATION THAT THEY WEREN'T ALREADY REQUIRED TO CARRY.

TRUTH: QUITE THE OPPOSITE. THE LAW SIMPLY PENALIZES ALIENS WHO FAIL TO CARRY THE REGISTRATION DOCUMENTS THAT CURRENT FEDERAL LAW ALREADY REQUIRES THEM TO KEEP ON THEIR PERSON.

THESE FEDERAL CRIMES (8 UNITED STATES CODE SECTION 1304(A) OR 1306 (E) HAVE BEEN AROUND SINCE 1940.

THE ARIZONA LAW SIMPLY ADDS A LAYER OF STATE PENALTY TO WHAT ALREADY WAS A CRIME UNDER FEDERAL LAW.

AS FOR U.S. CITIZENS, THE LAW DOES NOT REQUIRE THEM TO CARRY ANY IDENTIFICATION WHATSOEVER. INDEED, THE LAW CANNOT POSSIBLY BE APPLIED AGAINST U.S. CITIZENS; ONLY AN ALIEN CAN BE FOUND GUILTY UNDER THE ARIZONA STATUTE.

MYTH NO. 2: THE LAW WILL ENCOURAGE RACIAL PROFILING.

TRUTH: IT STRENGTHENS THE PROTECTIONS AGAINST RACIAL PROFILING.

SECTION 2 STATES A LAW ENFORCEMEN OFFICIAL "MAY NOT CONSIDER RACE, COLOR, OR NATIONAL ORIGIN" IN MAKING ANY STOPS OR DETERMINING AN ALIEN'S IMMIGRATION STATUS.

ADDITIONALLY, ALL FOURTH AMENDMENT PROTECTIONS AGAINST RACIAL PROFILING STILL APPLY.

MOREOVER, THE LAW ACTUALLY REDUCES THE LIKELIHOOD OF RACIAL PROFILING BY FORCING POLICE OFFICERS TO CONTACT THE FEDERAL GOVERNMENT TO VERIFY A PERSON'S IMMIGRATION STATUS WHEN THEY SUSPECT A PERSON IS AN ILLEGAL ALIEN. IT ALREADY WAS PERMISSIBLE FOR POLICE OFFICERS ACROSS THE COUNTRY TO MAKE ARRESTS FOR VIOLATIONS OF FEDERAL IMMIGRATION LAW WHERE REASONABLE SUSPICION EXISTED.

NOW, IN ARIZONA, OFFICERS WILL HAVE TO MAKE A PHONE CALL TO IMMIGRATION AND CUSTOMS ENFORCEMENT'S (ICE) TO CONFIRM THAT ANY ALIENS IN THEIR CUSTODY ARE HERE UNLAWFULLY.

OFFICERS CAN NO LONGER PROCEED BASED SOLELY ON THEIR OWN ASSESSMENT OF A PERSON'S IMMIGRATION STATUS. IN THIS WAY, THE ARIZONA LAW TAKES ANY CONSIDERATION OF RACE OUT OF THE EQUATION - STRENGTHENING THE PROTECTIONS AGAINST RACIAL PROFILING.

MYTH NO. 3: THE LAW WILL REQUIRE ARIZONA POLICE OFFICERS TO STOP AND QUESTION PEOPLE.

TRUTH: THERE MUST BE A "LAWFUL CONTACT" WITH A PERSON, SUCH AS STOPPING HIM OR HER FOR BREAKING ANOTHER LAW.

THE MOST LIKELY CONTACT IS DURING THE ISSUANCE OF A SPEEDING TICKET. IN SECTION ONE, LINE 39 OF THE LAW REQUIRES AN INDIVIDUAL TO PRODUCE A DRIVER'S LICENSE OR OTHER GOVERNMENT ISSUED ID CARD.

THE LAW DOES NOT REQUIRE THE OFFICER TO BEGIN QUESTIONING A PERSON ABOUT HIS IMMIGRATION STATUS OR TO DO ANYTHING THE OFFICER WOULD NOT OTHERWISE DO.

ONLY AFTER A STOP IS MADE, AND SUBSEQUENTLY THE OFFICER DEVELOPS REASONABLE SUSPICION ON HIS OWN THAT AN IMMIGRATION LAW HAS BEEN VIOLATED, IS ANY OBLIGATION IMPOSED. AT THAT POINT, THE OFFICER IS REQUIRED TO CALL ICE TO CONFIRM WHETHER THE PERSON IS AN ILLEGAL ALIEN.

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