Letters to the Editor
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The thing that worries me about this
is the language " if the officer seeking such information has probable cause to believe that the individual is not lawfully present in the United States." Because for many people, the fact that someone has a dark tan or an accent constitutes "probable cause." What would legitimately give you "probable cause" to think someone is "not lawfully present" in the U.S.? That she didn't have a Green Card tattooed on her forehead?
While I can see the inherent 'justice' of this law on principle - i.e., if it comes to a police officer's attention that someone is doing something illegal, they are generally obliged to do something about it - in practice, it is terribly unjust. This is like imprisoning addicts instead of rich kingpins. When are we going to start holding employers of illegal immigrants responsible and start forcing them to help solve the immigration problem? No, not gonna happen, because the rich and powerful benefit too much from having a labor force with no rights. So we play good cop/bad cop with the workers' lives. It is just sick.
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unlimited powers
In addition to the serious problems pointed out in the article, this amendment shows Republicans have no respect for the Constitutional principle of limited enumerated federal powers.
The federal government does not have the power under a sane reading of Constitution to regulate the conduct of state and local police forces. The Roberts Court will probably say ok but that's an activist majority who decides on their preferred outcome rather than precedent or the text of the Constitution.
This is an amendment that only a fascist could love.
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Do we have to protect the staus of the abuser as well?
Can we at least deort illegal aliens who are also domestic abusers - or is that to facist as well?
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Criminals fear the law
As sympathetic as their individual plights might be, let us not forget that illegal immigrants are breaking the law. Their reluctance to bring issues to law enforcement is no different than that of any other criminal - they worry about getting caught at their crime. If you had a warrent for your arrest, you would be reluctant to speak to police. If you had a home drug lab or grow operation, or were you abusing your children even as your spouse abuses you, you would also avoid bringing the law into it.
I think this question is better addressed by asking what protections of the law are due to lawbreakers? Is it right that a person asking for justice only get it applied selectively?
One of the terrible aspects of illegal immigration is that the immigrants are totally vulnerable because they lack any legal status or protection. They are not just vulnerable to spousal abuse, but to exploitation by their employer, landlord, or even some of the police.
I think this is one of the better reasons why the illegal immigration issue needs to be addressed. Immigrants have broken the law, but in doing so they have not surrendered their basic human rights. I am personally disappointed in the quality and tone of the current discussion of immigration reform, but to look at the bright site, at least there is a discussion underway, because it is sorely needed.
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goes against common sense
Perspective:
Being here without the proper papers: a crime, but a nonviolent one.
Beating/raping someone: a violent crime.
Don't we want to do whatever we can to see that people who beat/rape other people of ANY immigration status are taken off the streets? For the safety of citizens as well as illegal immigrants?
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violent vs non-violent crime
I agree, violent crime is certainly worse than non-violent crime. A violent offender is a threat to the community in a much larger way than a non-violent one is. But non-violent criminals are a threat as well. It is not uncommon when an illegal immigrant is involved in an auto accident, that they flee the scene and carry no insurance, for instance.
Ideally, the punishment fits the crime. In the case of spouse abuse in an immigrant family, the one who reports it might be deported for their own crime of illegally being in the country, but the abuser will be extradited, and handed over to the legal authorities in their country of origin. They will almost certainly spend time in jail.
I don't think that you can even count deportation as a punishment, it is simply setting right what had been wrong. It is comparable to compelling a thief to return their stolen goods.
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domestic violence and deportation
this is a really, really bad idea. a) violent criminals should be reported and dealt with, whether they are us citizens or not, and whether or not their current crime is against a us citizen, and regardless of whether the assault is committed by a stranger or a partner
b) it's a REALLY bad idea to tell rapists it's okay to target illegals because they won't report the crime, and many rapists/serial murderers DO target specicific populations for that reason--prostitutes, runaways, etc.
c) it will discourage victims from seeking medical aid in the case of rape or serious assault, because doctors have to report the attacks, leading to complications from injuries (including death), and unwanted pregnancies--do we really want to stand up and say, hey, if you sneak across the border to get a job, you're ASKING to be brutally beaten or raped and you deserve it? cause that's the message this amendment sends....i don't give a damn about your history of shoplifting or prostitution or illegally crossing the border if your honest testimony will help put a rapist in jail. it's hard enough for victims of violent crimes to navigate the system and find the courage to testify as it is.
and for male victims of domestic violence, who may already face considerable cultural barriers to reporting incidents...damn.
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yes, but...
What if the perpetrator is a citizen?
What if (as is true in many cases) the perpetrator is also an illegal immigrant, but his country of origin does not consider wife beating or rape to be a big deal, if it is a crime at all?
This law is not going to make catching illegal immigrants easier. What it will do is make a few classes of already underreported violent crimes even more underreported.
And that isn't good for any of us.