The Truth About Arizona’s New Immigration Law

BY David Sirota

GOP guru Rove acknowledges that the law aims to let police use racial and ethnic cues to profile individuals.

Upon signing Arizona’s new statute requiring police officers to demand citizenship papers from anyone they believe is in the country illegally, Republican Gov. Jan Brewer last week claimed the bill is not designed to “tolerate racial discrimination or racial profiling” of Latinos.

Responding to critics who say the legislation does just that, she, like many conservatives, insisted, “I don’t know what an illegal immigrant looks like”–the implication being that Republicans are colorblind.

It sounds reassuring, but methinks she doth protest too much, and I say that because one of the Republican Party’s leading law enforcement voices has already disclosed the true objective of precisely this kind of legislation.

That seminal admission came in November 2001, when the emotional aftermath of 9/11 momentarily removed politicians’ rhetorical filters. There on the floor of Congress, GOP Rep. Scott McInnis delivered an address about “the need for profiling for the national security of this country.”

Brandishing his past experience as a police officer, he implored lawmakers “to quit being politically correct” and let authorities make “ethnic background a legitimate component” of law enforcement investigations–just as Arizona’s new statute allows.

“Insurance companies profile for risk. That is what I am asking that we continue to do–we need to profile for risk,” he thundered, adding that using ethnicity as a risk factor “is very legitimate–I think it is smart.”

In other words, we should do to civil rights what insurance firms have done to, say, healthcare–namely, deny people rights and privileges based on their ascribed characteristics.

Had McInnis’ career been buried in the political graveyard, Republican apologists could easily pretend his kind of bigotry is irrelevant to today’s fears that the Arizona law will both encourage prejudice and appear in other states. But McInnis is now the Republican gubernatorial frontrunner in Colorado, and this week he became the first major GOP candidate in America to pledge to replicate Arizona’s statute in his state if elected in 2010.

Considering the candidate’s pedigree as a former state House Majority Leader and six-term congressman, and considering his views on what a law like Arizona’s is really all about, McInnis’ promise is not an inconsequential outburst from some nobody, nor is it likely to be just an isolated campaign plank in an unimportant backwater. On the contrary, this is a far-reaching signal from the national Republican Party establishment, for it comes from that establishment’s hand-picked poster boy in a state that GOP guru Karl Rove said will be “ground zero” in the upcoming elections.

For his part, Rove acknowledges that the Arizona law aims to let police use racial and ethnic cues to profile individuals–exactly the way McInnis envisions.

“(Police) are going to (target suspects) on the basis of reasonable suspicion that these people are here illegally,” he said, “like they’re driving a car with a Mexican license plate or they can’t speak English”–in short, cultural metrics that even anti-immigration activist Tom Tancredo has said could unduly result in people getting “pulled over because you look like you should be pulled over.”

Such constitutional atrocities, of course, don’t bother the ideologically conservative Rove–instead, the reason Rove says “I wished (Arizona) hadn’t passed” the bill is because it could devastate Republicans at the polls.

First and foremost a partisan animal, Rove understands that the more Republican standard-bearers like McInnis opine about Arizona’s statute, and the more voters learn about those standard-bearers’ past statements, the more voters will see that the GOP is dishonestly masking institutionalized bigotry in seemingly laudable odes to racial neutrality. That revelation may invigorate the small racist vote, but Rove knows that the truth could also repulse the Silent Majority–and perhaps sink his party for good.

David Sirota, an In These Times senior editor and syndicated columnist, is a bestselling author whose book Back to Our Future: How the 1980s Explain the World We Live In Now—Our Culture, Our Politics, Our Everything was released in 2011. Sirota, whose previous books include The Uprising and Hostile Takeover, hosts the morning show on AM760 in Denver. E-mail him at ds@davidsirota.com or follow him on Twitter @davidsirota.

More information about David Sirota

  • Reader Comments

    ”...Republican Gov. Jan Brewer last week claimed the bill is not designed to “tolerate racial discrimination or racial profiling” of Latinos.”

    How absurd!! The bill works entirely on the basis of racial profiling. It is also unconstitutional under both the “probable cause” provision of the Fourth Amendment and the “equal protection” clause of the Fourteenth Amendment. It arrogates to law enforcement extra legal powers and is a very dangerous precedent.

    “Insurance companies profile for risk. That is what I am asking that we continue to do—we need to profile for risk…”

    This analogy doesn’t work at all!! Insurance companies only look into the risk profile of those who voluntarily go to them  to purchase insurance. establishing risk factors in making a private contract between two consenting parties is a business matter and one which involves consent of the person voluntarily seeking a business contract of this nature. This is utterly different from the police selectively stopping and detaining people against their will, and without probable cause, for the purpose of getting them to prove citizenship. This violates every constitutional principle upon which our Republic was founded including the presumption of innocence. What the the State of Arizona is condoning is unabashed Gestapo tactics. People should oppose this with boycotts if necessary. It is likely that the far right is testing the waters to see how far they can go in utterly destroying US Constitutional protections throughout the entire country.

    Posted by cabdriverinchicago on May 2, 2010 at 1:35 PM

    The worst thing about our current immigration policy is that there seems to be none.

    For decades we ignored the exploitation of cheap “illegal citizen” labor.  Allistair Cooke wrote of his impressions of America in 1942 and pointed out what he saw would some day be a problem with this issue.

    We have two extremes now:
    1. Those who don’t see anything illegal in the influx of “illegal” immigrants.
    2. Those who want to stop all immigration (specifically on the south border.

    Being fair to all is not going to be simple.

    The fear factor on both sides, if the problem continues to be unaddressed will likely cause increasing polarization

    This article labeling as “Gestapo tactics” the attempt to stop the influx while border residents are experiencing the violence from human traffickers and drug smugglers is fanning the emotions unnecessarily.

    I fear a lot of people, including some of my neighbors, will begin to be adversely affected by those who are not here legally.

    This is a national problem both of racial and and security concerns and the Federal Government has dodged it far too long causing states with the worst problems to need to force the issue.

    Posted by whattheheck on May 4, 2010 at 7:57 AM

    I’m all for stopping illegal immigration. Obama, by the way, has done far more than Bush did in his eight years as president, to stop the flow of illegal immigrants. I don’t object to stern measures. I just don’t accept SB1070 and its constitutional violations and neither, it seems, do most Americans, including many Republicans.

    Posted by cabdriverinchicago on May 4, 2010 at 12:21 PM

    Cabdriver,

    “I’m all for stopping illegal immigration. Obama, by the way, has done far more than Bush did in his eight years as president, to stop the flow of illegal immigrants.”

    In what way?

    It looks to me that if there is any drop in the influx of illegals it is due to the lack of jobs which neither Bush nor Obama has prevented in any meaningful way.

    All I can recall from either of these guys is pandering for the Hispanic vote while promising to protect the borders and cutting the Border Patrol.  Since Obama the Canadian border has gotten the most talk.

    They bring to mind an old song, “Usted… me esta pomiente loco.”

    (“You… you’re driving me crazy.” ;-)

    Posted by whattheheck on May 5, 2010 at 4:59 AM

    P.S.

    If I had done such a lousy job protecting the PX back in 1959, I’d still be in Leavenworth.

    Posted by whattheheck on May 5, 2010 at 5:00 AM
  • extended discussion >>>Continued...

    Discussions with more than 5 comments are continued on our special discussion page to encourage continuity and ease of use. There are currently 34 posts.