What is being debated here and elsewhere is how this law will play out once it is put into practice.
While I understand some of the concern coming from the left and far-left about this potentially becoming a civil rights abuse, I believe that in Arizona (and California) the problem of illegal immigration has gotten so out of hand and become such a drain on public resources that drastic measures are necessary. I also believe that peace officers, by and large, are interested in enforcing the the law fairly and keeping the peace--meaning they are not motivated nor inclined to start rounding up hispanics in an abusive manner.
I have seen first hand how profiling can be effective in stopping crimes. Police are trained to observe and make decisions based on certain criteria. The police officers I have interviewed and observed are exceptionally good at this. I would hope that before this law goes into effect some sort of training and criteria will be set as to what specifically patrol officers can and can not do under the new law.
In most of the discussions there seems to be some disagreement about how this law will even be implemented once it goes into effect-- probable cause, racial profiling etc. Some commentators have been talking about a traffic stop example. Can an officer stop someone for a busted taillight then ask to see his papers? THIS ARGUMENT/DISCUSSION MAKES NO SENSE. "See his papers?" What papers? You can not get a driver's license or register a car without proof of residency. My understanding is that if you can not produce a driver's license or some form of valid ID, the new law allows police officers to ask for proof of residency. Why wasn't this done before? Because local police didn't have jurisdiction over immigration.
Here is the scenario I believe may become problematic. A group of hispanic men are hanging around a building supply center in the morning, waiting for General Contractors to pull up in their pickup trucks and offer them work. If the police pull up, surround these men and ask to see ID's because these men fit a certain profile, then is this a violation of their rights?
My position is this -- in this particular situation, even if the answer is technically 'Yes' this does violate their rights, I'm still okay with it. As long as the men are not physically abused, and only taken into custody (those who can't produce an ID or proof of residency) to be turned over to INS.
One last question: In AZ, if you knowingly hire an illegal immigrant/undocumented worker and pay them under the table without filing payroll taxes etc., what crime have you committed and what is the potential punishment?
IMO - States also need to address the supply/demand issue of undocumented workers. Who is hiring them and how come no agency is investigating or fining these employers?