Efforts to control undocumented immigrants challenge some of American democracy’s most basic precepts. At bottom, such efforts deal with the almost unresolvable struggle in democratic society: to locate people (most of whom are of color) who are unidentifiable for lack of records or documents without creating an apartheid police state.
The new Arizona law SB 1070 makes it a criminal offense to be an “illegal alien”— and mandates local police to identify and arrest unauthorized immigrants. In a border state like Arizona the loose legal standard of “reasonable suspicion” which some insist will restrain police power, actually translates into racial apartheid against all Latinos.