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Future of AZ's 'show your papers' immigration law
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Judge Napolitano weighs in
- Duration 3:39
- Date Aug 21, 2012
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Transcript
This transcript is automatically generated
But the new developments in states across this nation in the immigration debate as the -- a key hearing.
And Arizona today on its controversial show your papers locked.
At a Supreme Court left that provision intact earlier this summer when -- ruled on immigration law.
Overall -- from the -- Arizona but now civil rights groups are trying to block implementation.
That particular part.
In the meantime we've seen some rulings this week -- came and I immigration laws -- Alabama and Georgia so there's a lot happening -- and the -- Hanna is here our senior judicial analyst help us.
Work through Dawson did take -- back if you look -- Supreme Court ruling.
On -- an immigration law show your papers stand but it.
But there was with a little bit of act disclaimer on that yes.
Yes there was a disclaimer -- basically the Supreme Court said look when the police stop you.
They ask you for some identification driver's license or something else they then take that identification they're running throughout -- computer in their car back at the headquarters to see if there's other information that they need to know about you.
In the process of doing that they can ask for additional paperwork like.
-- UAE -- are you legally here however the Supreme Court said here's the caveat.
If it turns out that the police are stopping people on a pretext.
In order to find out if they are legally here sometimes constitution prohibits pretext meeting watch -- Meaning not a real basis to stop you sing and find out what they -- -- -- a reason to stop you.
Because they think you're here illegally and they want to examine your papers.
The Supreme Court said if that happens then this portion of the Arizona law will be struck so to -- a hearing commences.
In Phoenix Arizona.
In which civil rights groups and others will try to demonstrate that the police are in fact stopping people under a pretext a false threats and I.
But in order to ascertain their immigration status.
Did you think he's -- -- watching this hearing in Arizona we -- says the -- in Alabama and Georgia right and they had to tackles similar parts of their immigration law and they've come up with some interesting results when it -- then.
Alabama.
Instructed.
School officials to inquire into the immigration status of children whom they suspected.
To be here illegally no crime what -- of a crime to sit there located in this correct.
The eleventh Circuit Court of Appeals that's that appellate court right below the Supreme Court said you can't do that.
Because -- making a -- your interfering with the child's freedom.
On the basis of a subjective hunch or the way the child appears so that's out.
Alabama and Georgia also have -- show your papers statute.
And the eleventh circuit said that stadiums unless.
A pretext.
Just -- you really a lot of this depends on how the implementation of this part of the law is rolled out the exact areas of the community exactly when police officers do this what do you think though.
As a judge.
Legally the ruling is here.
When it comes to you as you're watching it being implemented and seeing of whether or not there's some laws -- -- might.
My own view is the show your papers is very dangerous.
Because show your papers leads to what are you doing here and what are you doing here leads to where did you come from and where did you come from leads to where you're going.
That's not America that's not that type of power we ordinarily put in the hands of the police especially if those inquiries are based on race -- physical appearance.
We're gonna have to -- but let's talk some more about that in Austin -- -- -- voter identification laws because all of -- -- intertwined as far as the identification and and who you are and why you're here and do you have any idea and you know Jana I do not -- I.
