Arizona Immigration Laws

[IncorrectPolitics 26]

Do any of you know more about the Arizona Immigration laws? Have they passed yet or are they still being proposed? How can a U.S. citizen prove they are a citizen if the cops ask you for a green card? For instance, I am a U.S. citizen by birth but have a middle eastern name and I wear a scarf on my head, what if I went to Arizona and they stopped me asking for proof of citizenship. Is a drivers license good enough or could they ask for more? What if someone doesn't have more proof? I know quite a few people who don't know where their birth certificate is buried in their parents home and don't have a passport. How do you prove you are a citizen if you don't "look the part"?

[Boiler 45,670]

The same way you would prove it if you get stopped by the Feds.

[IncorrectPolitics 26]

The same way you would prove it if you get stopped by the Feds.

And how do you prove it if you get stopped by the feds? With your drivers license? Don't some illegal people have a drivers license? If you can't get your proof soon enough will they then be able to detain you in detention?

[Brother Hesekiel 2,236]

Good question.

The fact that you have a US driver license and speak English is probably proof enough that you did not cross the Rio Grande illegally. But say you ran a red light or got caught speeding while driving your car, and show your driver license and still being asked what your immigration status is, you answer: I am a US citizen. That's it.

Keep in mind two things: first, claiming to be a USC when you're not is as bad as it gets. Second, the police have computers in their cars and can check you out in less than a minute.

One more time: the law is aimed to people who sit in front of Home Depot, have NO ID, do not speak English, and are not US citizens, not people like you and me.

[TBoneTX 45,537]

Agreed with Bob, si man. Google the Arizona law and read it in its entirety. If my memory serves, presenting a valid Arizona driver's license (and, likely, that of any other U.S. state) is proof positive that you're a USC.

Also, aside from adhering to your state's "failure to identify" law (or similar name), you are NOT required to answer ANY questions from the police until you're ordered to do so by a judge. See this (and review it periodically), si man:

[JimVaPhuong 4,863]

The last I heard, there were only four states left that did not require proof of legal status to obtain a driver's license, or have a compromise in their laws. New Mexico does not require proof of legal status to get a driver's license, but this is partially in deference to the very large native American population there. I think Maryland now requires proof of legal status for a new license, but still renews licenses issued before their new law went into effect last year. Utah issues "driving privilege" cards to undocumented people, but they supposedly can't be used for ID at an airport. Washington state also does not require proof of legal status to get a license.

I think if you have a license from any of the other 46 states, then you should be safe in Arizona. If you're from one of the other four, or you're just paranoid, then bring your passport with you.

[K and L 27]

The law doesn't come into effect until 29 July. As long as you have your passport bio page/visa/194 (or a copy), you are good to go. You're supposed to have it anyway, so the AZ law isn't requiring anything of you that the Federal government doesn't.

And if you're in the process of AOS after your I94 expired, bring your AOS NOA1.

ETA: Last I heard, Obama was seeking an injunction on the law so it may be a moot point anyway.

Edited July 18, 2010 by K and L

[IncorrectPolitics 26]

The law doesn't come into effect until 29 July. As long as you have your passport bio page/visa/194 (or a copy), you are good to go. You're supposed to have it anyway, so the AZ law isn't requiring anything of you that the Federal government doesn't.

And if you're in the process of AOS after your I94 expired, bring your AOS NOA1.

ETA: Last I heard, Obama was seeking an injunction on the law so it may be a moot point anyway.

That is all just great for people who have papers from the USCIS. But as natural born American citizen who may not look the part of what the cops think an American should look like what do they do? Cops aren't always the brightest bulbs in the bunch and what if the @sshole thinks a state ID isn't sufficient proof and takes you in then interupts your life for a few days. Don't say to carry your passport because you are not required to carry a passport around and most people don't have one anyway.....on top of that most of them don't know where their birth certificates are either and have to wait up to 3 weeks for a copy sometimes.

[JimVaPhuong 4,863]

That is all just great for people who have papers from the USCIS. But as natural born American citizen who may not look the part of what the cops think an American should look like what do they do? Cops aren't always the brightest bulbs in the bunch and what if the @sshole thinks a state ID isn't sufficient proof and takes you in then interupts your life for a few days. Don't say to carry your passport because you are not required to carry a passport around and most people don't have one anyway.....on top of that most of them don't know where their birth certificates are either and have to wait up to 3 weeks for a copy sometimes.

Cops may not always be the "brightest bulbs", but they know about RealID. They've been the primary people pushing for this law. Most states now issue a driver's license that complies with RealID, and all but four require proof of legal status to get a license. The cops in Arizona are undoubtedly being trained in how to evaluate the identification of an out-of-state driver and their passengers. They know darn well that the entire country is going to be watching them, and the media is going to go bonkers every time they hassle a valid US citizen. In fact, I can say with absolute certainty that there are going to be dozens of people from "immigration reform" advocacy groups going to Arizona, with national media in tow, specifically to confront Arizona police just to see how they handle US citizens and LPR's. If your life is "interrupted" for a few days, you'll not only get your 15 minutes of fame, but probably be handsomely compensated as well.

[Boiler 45,670]

Not sure if you can have CIR without proper identification.

If your State gives out ID to anyone asking, not worth the paper it is written on, then as a Citizen you might want to have words with them.

[Brother Hesekiel 2,236]

Are you really planing on sitting in front of a Home Depot or buying a $250 car with broken taillight that is not registered in your name, pretend to be speaking not a word of English, look like you live in a shed with 12 other people, and not carry any form of US ID with you and no proof of insurance either, just to find out if you can trick an Arizona cop who stopped you because of your broken taillight into doubting that you may be illegal in the country?

Why?

If you are a US citizen or a permanent resident and carry your driver license with you, you will never have any problems, even if you have dark brown hair!

Edited July 18, 2010 by Just Bob

[K and L 27]

That is all just great for people who have papers from the USCIS. But as natural born American citizen who may not look the part of what the cops think an American should look like what do they do? Cops aren't always the brightest bulbs in the bunch and what if the @sshole thinks a state ID isn't sufficient proof and takes you in then interupts your life for a few days. Don't say to carry your passport because you are not required to carry a passport around and most people don't have one anyway.....on top of that most of them don't know where their birth certificates are either and have to wait up to 3 weeks for a copy sometimes.

If a natural born citizen doesn't speak English well AND tends to be in areas where illegals tend to congregate (as the example Just Bob gave), dresses in ways indicative of travelling through the desert on foot, flees from police, or travels in an overcrowded vehicle, and doesn't carry any ID with them*? They brought it upon themselves, and it could have been avoided by having ID.

*All of which are things mentioned in the official guidelines as being cause for being asked to prove your status, and inability to speak English well cannot be used alone.

[belinda63 3,039]

Well thank goodness not speaking English well is not a sole indicator of being illegal as my mother has lived here for almost 50 years and still has a heavy accent. I think the entire law is excessive and will cause a lot of problems for persons who are here legally.

[belinda63 3,039]

Wanted to add some quick links that show that having a valid driver's license is not good enough nor is speaking fluent English.

One

Fluent in English

Commercial Driver's License

[Boiler 45,670]

I have yet to come across a Yank who can speak English properly.