July 3, 2012. The Greenville News. The recent Supreme Court ruling on S.B. 1070 represents a strong rebuke to Arizona lawmakers who involved their state in immigration enforcement, and it should put our politicians on guard against passing or implementing further unconstitutional measures. The Supreme Court struck down three of the four Arizona provisions considered on the grounds that states do not have the authority to regulate immigration. It expressed concerns that the fourth provision, the controversial “show me your papers” requirement, might well be impossible to enforce without violating federal law. The Court strongly suggested that this could lead to such provisions being struck down, while indicating that it is too early to tell if “show me your papers” is unconstitutional as well.In our view, it will be impossible to implement South Carolina’s copycat version, SB20/Act 69, without relying on racial profiling. It is impossible to enforce these provisions without using race, color or ethnicity. Such inherently unequal treatment of people is clearly unconstitutional.
“Show me your papers laws” have a corrosive effect on communities. They encourage racial profiling by requiring law enforcement to identify “foreign” people, which inevitably leads to racial or ethnic profiling based on names, skin color, accents or dress. As many of our own law enforcement leaders have attested, such practices ultimately undermine police work and jeopardize public safety by making victims and witnesses afraid to report crimes. If South Carolina’s law is allowed to go into effect, it will take a financial and emotional toll on the state, harming citizens and non-citizens alike.
Victoria Middleton
Executive Director
