This new Arizona law (SB 1070), of which I'm sure many of you've heard of on the news, would require local police to enforce federal-immigration laws. Here is the text of the bill. Do you feel this new law unfairly and/or unlawfully employs racial profiling (even if the detention is made through some other pretext)? Is there a way in which racial profiling could be legally exculpated in certain contexts and situations? Even if it can be, do you think it's acceptable to do so in some or all contexts and situations?
- "A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution." [bold, mine]
Some have suggested that because "latino" is not a race per the U.S. 2010 Census, that it cannot possibly be racial profiling to stop someone on racial grounds, but as we see above it says the consideration can be on "race, color or national origin." Can it still be 'racial profiling' taking the other two elements into account or only the 'race' portion?