Florida Immigration Bill Allows Police to Skip Over Canadians, Europeans

[pampango]

Source: Washington Independent

Via Change.org, some interesting information about a proposed Arizona-style immigration bill in Florida: The bill includes a provision allowing Canadians and Western Europeans to be “presumed to be legally in the United States,” even though other non-citizens must carry papers. Florida’s bill, which was drafted by Rep. William Snyder (R), has support from Rick Scott, the Republican candidate for governor. Although proponents of the legislation argue it would not lead to racial profiling, the provision on Canadians and Western Europeans — most of whom are white non-Latinos — brings up new concerns for Latino groups. (The Miami New Times, which originally pointed out the provision, has a full copy of the draft bill.)

Latino and immigrant rights groups have fervently opposed the bill, which would mimic Arizona’s SB 1070 by requiring police to check legal status on anyone they “reasonable suspicions” of being in the country illegally if the police have already stopped them. The provision would allow them to assume legal status if the person had a Canadian passport or a “passport from any ‘visa waiver country’” — which are primarily located in Western Europe. “That language makes it clear that police are targeting only a specific minority,” Susana Barciela, policy director at the Florida Immigrant Advocacy Center, told the Miami New Times.

Snyder said the language was meant to avoid deterring tourism from Canada. “What we’re doing there is trying to be sensitive to Canadians,” he said in a radio interview. “We have an enormous amount of … Canadians wintering here in Florida. … That language is comfort language.”

The bill has caused some tension between Florida politicians, particularly the three Latino Republican members of Congress from Miami who oppose the anti-immigration legislation. Reps. Lincoln Diaz-Balart, Mario Diaz-Balart and Ileana Ros-Lehtinen tepidly endorsed Scott for governor earlier this month despite his support for the bill.

Read more: http://washingtonindependent.com/101195/florida-immigration-bill-allows-police-to-skip-over-canadians-europeans

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It's getting harder and harder to remember that these state immigration laws are not targeted at Latinos.

[marmar]

1. Translation: White folks.

nt

[sinkingfeeling]

2. Disgraceful.

[LibDemAlways]

3. Ironically, the large Cuban population in Florida has traditionally

been very politically conservative and supported Repukes. Wonder if the R's aren't shooting themselves in the foot with this one.

[AlphaCentauri]

10. Many in Florida think they are European Americans not latinos n/t

[LibDemAlways]

14. They'll think differently when they are pulled over and questioned. n/t

[4lbs]

4. Another translation: Latinos are too poor to be tourists, so any in the country must be illegal.

RepubliKKKans are barely hiding their discrimination now.

[Mosaic]

5. Damn republican hypocrites.

This is part of the ultra rich's plan to divide and conquer, so all people white, Latino, black will work for peanuts.

[happygoluckytoyou]

6. IN A RELATED STORY dozens of india computer programmers in florida sent back to mexico... lol

[defendandprotect]

7. Living while . . . "being a person of color" .... !!!

[arbusto_baboso]

8. And how then would this not be unconstitutional?

[Posteritatis]

16. I would, in fact, *not* be not unconstitutional. (nt)

[a la izquierda]

9. Florida wants to be sensitive to Canadians...

but fuck anyone from Central or South America.
Gah, these people are total morons.

[Derechos]

11. I hope Canadians boycott Florida....

since that text of the bill was added as "comfort language" for the many Canadians who visit Florida every year.

[meeshrox]

12. I would suppose Rubio would oppose this disgusting bill...

:eyes:

I grew up in Fort Lauderdale and live in Tampa now...not sure how we could enforce this without demonstrations/unrest (and I'll be first in line!)

The state legislature is unbelievable, get me outta here!

http://www.youtube.com/watch?v=JfOqTP8lLdY

[WilmywoodNCparalegal]

13. In immigration law,

entering with inspection (through an airport or a border crossing or a ship terminal) is different than entering without inspection. Thus, Canadians and Mexicans who go through border inspection and Europeans who fly into the U.S. are differently treated than those who enter the U.S. without inspection by hiding in cargo containers from Asia or entering from the U.S. through the Canadian/Mexican borders without inspection.

For instance, a person who enters with inspection and then marries a U.S. citizen is eligible to apply for permanent residence within the U.S. instead of having to leave the country and possibly being barred.

A person who enters without inspection and then marries a U.S. citizen has almost no chance to apply for permanent residence, unless s/he can obtain a waiver of inadmissibility or seeks protected status (such as a victim of abuse per VAWA).

Most Canadians and, for that matter, many Mexicans enter the U.S. with inspection. Visa Waiver countries - which, by the way, are not just in Europe - also enter with inspection.

Cubans, on the other hand, have benefited since the 1960s from the 'wet foot, dry foot' policy which guarantees them permanent residence if even a hair on the body touches U.S. soil.

[Posteritatis]

15. I'm flattered, but holy damn. (nt)

[Odin2005]

17. These fuckers' racism is showing.

[muriel_volestrangler]

18. Mind you, what apart from their passport would a citizen from a visa waiver country have?

If you've been told you don't need a visa to enter a country, then the passport is the only form of 'papers' you have to prove you are in the country legally. So I'm not sure what difference a law saying "producing a passport from visa waiver country is enough" would make. Unless it's saying "only look at the cover and/or photo - don't look for a recent entry stamp", which would be pretty silly.

Can someone suggest what other papers are held by someone from a visa waiver country?

[WilmywoodNCparalegal]

19. Visa Waiver

Those from visa waiver countries have to complete a I-94W while in transit (on ship or plane) to the U.S. to be presented to the immigration officials upon inspection. This is a green form that is very short and requires just basic biographical information.

Once the traveler is inspected, the passport is also stamped. Part of the completed I-94W is then stapled to a passport page. The passport is sometimes also stamped with an entry stamp and something to the effect of "VWP valid until ____" where the date (90 days for most VW countries) is written in.

Currently, as of a few years ago, all Mexican and Canadian citizens crossing the border to the U.S. must also carry a passport and these are also stamped.

{edited to add: from many countries, you can actually pre-apply for something called USPASS which allows the VW citizen to 'let' the U.S. government know about his/her visit to the U.S. over the internet)

[muriel_volestrangler]

20. So they still don't have anything apart from the passport, then

The last time I visited the USA was in 2003, and the process was as you describe (without 'USPASS' coming into it). I still have the edge of the green I-94W stapled to my passport, and a stamp with an entry date.

The wording of the proposed bill is slightly strange:

A person is presumed to be legally in the United States if (they show):
A valid Florida driver license
A valid (Florida ID card)
A valid tribal enrollment card
The passport of a person from a visa waiver program country
Proof of Canadian citizenship
If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification

http://blogs.miaminewtimes.com/riptide/2010/10/floridas_arizona-style_immigra.php

The weird thing about that is that the passport doesn't get described as 'valid', or even belonging to the person being asked for ID. So maybe they have written this so you can just flash the cover.

Or maybe the difference is that it says, a little earlier, any lawful stop which includes a 'suspicion' that they are an 'unlawfully present' alien must include 'a reasonable attempt, where practicable, to determine immigration status', and, if someone is arrested, "the person's immigration status shall be verified with the federal government'". So if this means that, at a roadside stop, they may start doing checks with federal computers (or phoning some office or something) for anyone not from a visa waiver country, then it does put them in a different class who would be subject to extra delays, and thus looks like discrimination.

If the wording is changed a little, by adding a line to say that someone is presumed to be legally in the country if they show a valid visa, and that a visa waiver passport should show they are in the valid time period, than I don't think it would be a problem.

On edit: I suppose the 'Canadian citizenship' thing is still potentially discrimination. It doesn't list what would be proof - a passport, of course; would a Canadian drivers license be proof of Canadian citizenship? That may be what's behind this - allowing the Canadians to just carry round a drivers license instead of a passport.

[No Elephants]

21. So, what's the problem?

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."


Oh.

[Romulox]

22. This could potentially fall under "equal protection", but checking papers is the very soul

of "process". :shrug: