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Example number 1:- I am a white US citizen – I was born in a foreign Country. My work sends me to Arizona for a conference. I have a profoundly different accent. I walk into a store to purchase chewing gum. I ask the store clerk whether or not they have sugarless gum. Standing next to me is a police officer. Under the new law, the police officer is compelled to turn to me and ask me for proof of citizenship. I only have a California Driver’s license. I have no proof of my US citizenship. I have never had to carry my passport when traveling interstate in my country of citizenship. He takes me to the precinct for further questioning. If he does not then he is not doing his job, because my accent is all he needs for reasonable suspicion. The police cannot release me because there is no proof. A driver’s license does not prove citizenship. I cannot call home to have my passport sent to me because my spouse is abroad for a month during summer vacation. The Police decide to keep me overnight – they have to because there are so many people in the local jail waiting processing under the new law, that they cannot get to me to help contact the Feds to see if I am in fact legal!Beast, The Apartheid State of Arizona – Precedent for LGBT Immigration Equality in California?, Apr 2010
You should read the whole article.
- Foes promise fight on Ariz. immigration law (msnbc.msn.com)
- Obama: new Ariz. immigration bill is ‘misguided’ (ctv.ca)
- Immigration excerpts: Obama vs. Brewer (cnn.com)
- Obama slams Arizona immigration bill (cnn.com)
- Ariz. Governor Signs Immigration Enforcement Bill (abcnews.go.com)
- Huckabee: New Law Will Open Arizona Up To A ‘Lawsuit Bonanza’ (thinkprogress.org)
- Obama Slams Arizona Bill in Call for Immigration Reform (abcnews.go.com)
- Arizona governor signs immigration bill (cnn.com)
- MEXICANS GET OUT: Arizona Gov. Jan Brewer Signs Racist Anti-Immigrant Bill (joemygod.blogspot.com)
- Arizona Set to Enact Country’s Toughest Immigration Law (towleroad.com)
If Arizona has usurped the subject of Federal Law and succeeded in doing so, that would mean California can do the same –or any State for that matter.
However let me address California because the State Assembly here has passed AJR 15 – a Resolution in support of UAFA, the Uniting American Families Act, which will in effect allow a binational same sex partner to sponsor the foreign partner for residence in the USA – a Federal law.
This would open a BIG wide door. Imagine if California could then declare under State Law, that all binational LGBT partners who cannot be sponsored under the Federal Immigration law, are LEGAL, under state law and exempt from deportation here in California. We could become a sanctuary State for binational spouses.
In essence empowering a State to criminalize a matter falling under the federal law would mean a State could legitimize (in essence) under State law.