Quote:
Originally Posted by Jinn
An employer has the responsibility to maintain all sorts of paperwork on his or her employees, everything from contracts to immigration status to tax documentation. They have a legitimate reason for asking for it, and a person can readily refuse to work at a place if they ask for the legally required paperwork.
Police, on the other hand, can see you on the street, initiate 'lawful contact' by saying "Hello!" and then ask for your immigration paperwork based on a 'reasonable suspicion.' They're so far from being analogous that I'd be surprised to see the argument made, but I saw the username first.
The problem with 'reasonable suspicion' is that it requires one identifying characteristic not tied to race or ethnicity in order to not qualify as racial profiling under federal law. You've trapped LEOs into a situation where the only reasonable suspicion they have is the race, and they can't use it as RS. As soon as someone is deported as result of AZ's new law, it will be immediately thrown out when the LEO can't articulate the RS/PC for detaining the person (other than their race).
If you can't understand a lawful citizen's objection to being stopped and asked for immigration paperwork simply because of your race in the 'land of the free' then you simply don't have any empathy, and don't understand the reasons we have for protecting our citizens from search and seizure.
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I feel like Alice in Wonderland.
A small business owner who may hire an illegal may collect "papers" and is required under some circumstances. In other circumstances, like day labor, use of temps through an "agency", or subcontractors they may not collect "papers". In any of those circumstances, including with "papers" the business owner may suspect illegal status. But that business owner is also subject to EEO. What is being discussed is that the business owner be subject to fines, punishment and damages, as if he/she will be an expert in this. So we want the business owner to walk this tight-rope and potentially just start discriminating under the radar, while...
On the other hand we can have trained law enforcement officials with the responsibility and we don't want them to do what their job is! And, if law enforcement is acting in a discriminatory manner, judicial action can be taken to protect and make whole any victims.