[quote name='BigT']Wow. I read this whole thread and there is a ton of misinformation. Have any of you even read the bill? I have.
Please refer to:
http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=1070&image.x=6&image.y=7
and
http://law.onecle.com/uscode/8/1304.html
and
http://uscode.law.cornell.edu/uscode/8/usc_sec_08_00001306----000-.html
The law essentially provides provisions for local Arizona officials to help with the enforcement of pre-exisiting federal law. Read 8 UNITED STATES CODE SECTION 1304(e) and 1306(a). If you are a resident alien in the US above age 18, you are required by federal law to carry proof of Alien Registration.
There is no provision that allows police to just ask someone to show them papers at random... this can only occur when the police stops you for a legitimate reason (traffic violation, suspcion of a crime, or if you are arrested). Then, if they suspect that you may be illegal, they can further look into the issue.
The requirements for proof are rather lenient:
a) a valid Arizona driver license or nonoperating identification license;
b) a valid tribal enrollment card or other form of tribal identification; or
c) a valid U.S. federal, state or local government issued identification if the entity requires proof of legal presence in the U.S. before issuance.
Personally, I find the DMCA and patriot act more objectionable. This law is really not as wide reaching as it has been represented. If you disagree, please show me where I'm wrong...[/QUOTE]
1070 (the AZ law) uses the "reasonable suspicion" standard for stopping someone.
Go revisit section 13-1509 of sb1070:
42 A. IN ADDITION TO ANY VIOLATION OF FEDERAL LAW, A PERSON IS GUILTY OF
43 TRESPASSING IF THE PERSON IS BOTH:
44 1. PRESENT ON ANY PUBLIC OR PRIVATE LAND IN THIS STATE.
45 2. IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
Hey, being in the states illegally is a crime - therefore, a person can be detained based on reasonable suspicion of being here illegally.