There is nothing enforcing racism. The law "paper please" is simply saying law enforcement officers can't be intimidated in asking for confirmation of the legal status of citizen. The "Paper Please" provision is not license for racial profiling. A person has to be stopped for other reasons in order to be legally assessed for citizenship status. Or better said, legal standing in being in the USA.
The Supreme Court saw the borders of the USA as a single entity. They viewed it as an obligation of the federal government to enforce the laws regarding immigration. I suppose. The "Papers Please" section admits there is an interest by other law enforcement in the immigration issue and to that end there is a State's Rights agreement. In other words, catching those breaking the law often falls on the shoulders of law enforcement other than federal authorities.
I don't believe there is anything unusual in this decision. It maintains the status quo. It clearly states racial profiling is not a legal standard, however, if a person is stopped for other legitimate reasons, their legal citizenship can be questioned. That happens when a police officer stops anyone for driving a car carelessly or too fast in a speed zone. The person has to provide a qualifying license when stopped by the officer. They have to provide that upon request. So, there isn't anything here that is a radical departure from current law. It simply states the authorities of police and those enforcing the laws including judges in court can ask for proof of citizenship. The Supreme Court decision doesn't remove the right of any authority outside the federal system to ask.
I always carry a USA Passport anyway. It is a habit. It is handy, too. But, there is a cost requirement that might be difficult for some citizens to overcome so it is not the best method of identification for every citizen. I never have problems offering a Passport as identity when asked.
The Congress is negligent. There needs to be immigration reform, the border of the USA south has been problematic and people have been in the country illegally for a long time. They have worked, contributed to the tax structure of the country, paid into SSI and grew families. These children are now adults.
That status of illegal immigrants crossing the USA southern border is far different due to the fact it is unenforceable to simply find them and remove them. We know a full one third of illegal immigrants have gone on to achieve a Green Card and legal status. I think that is the precedent. If a third of all illegal immigrants achieve citizenship over time that is definitely a precedent. That is not a minor reality. Laws have to reflect that precedent.
The Legislative Branch of the USA needs to legislate and they haven't because it is a delicate topic for the political Right Wing. They have no guts to stand up to their constituents and state honest people do come to the USA and provide good service to the country. We know the illegal immigrants coming to the USA are desperate to leave behind poverty. Now, enters human rights. This is not difficult to legislate.
The only way the USA is going to solve the southern border illegal immigration issue is to work with Mexico to improve the quality of life for citizens, abolish the drug wars. That standard is not an easy achievement. Due to that these illegal immigrants, unless they are part of the drug cartels or here for illegal reasons other than seeking work and life, are refugees, quite frankly. If these people are viewed as refugees, the problem solving will change. So long as the USA legislators simply see this as a law enforcement problem to pick up the illegals and send them back on the next bus, nothing will change.
The experience of the illegal alien in the USA is very different than simply a person who is here illegally, can be found and returned. The experience of these people, even the ones coming from as far as South America passing through nation after nation on foot, sometimes carrying children, is a matter of taking refuge from poverty and sometimes from violence. When those realities are finally assigned to the people who cross our borders illegally the problems will start to be solved. Until that happens we'll have nonsense like this go on.
President Obama won his court case. The "Papers Please" ruling is nothing unusual. I simply maintains status quo.
.gif)
Graduated from Harvard College, magna cum laude, in 1880
