
Two weeks ago, one of my student’s father’s was by the side of the freeway, helping his brother-in-law fix a car that had broken down. A police officer pulled over, immediately questioned them both for proof of their citizenship or residence status. This father (being undocumented) was immediately taken to prison, and is currently in the process of being deported to Mexico; leaving behind him a family, job, and a hope of returning anytime before 10+ years. The warrant for him having been searched and questioned: he looked Mexican.
In April of last year, a Baptist pastor was driving home to Phoenix from San Diego. At a border checkpoint, he was questioned and interrogated while still in his automobile. After refusing to cede to an unwarranted search, he was forced to allow the authorities to search his vehicle after they busted open his two front windows, dragged him from his vehicle, and nearly beat his head to the point of unconsciousness (
SOURCE). The warrant for him having been beat into submission for a search (which ended in finding nothing but tools): he was driving close to Mexico.
A few months ago, a good friend from Phoenix was stopped by a police officer while riding his bike through a residential area. The police officer proceeded to attempt to intimidate my friend into showing some sort of identification, after citing a bike light law that he was apparently infringing upon. After citing his fourth amendment rights, the police officer eventually backed off, and left my friend in peace. Warrant for the interrogation: my friend looks Mexican. (Or maybe the officer was really more concerned with public safety… I’ll let you, the reader, judge…)
The fourth amendment of the United States Constitution provides, “The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Today, this amendment is largely forgotten about in a country which fears more the undocumented Mexican immigrant than the inflated policing and regulatory powers we are entrusting to local authorities in the name of stopping the immigration “problems”. Some might hold that the first police officer was justified in questioning lawful and peaceful citizens, because that officer ended up catching and deporting an undocumented resident. I would argue that once we cede the rights of any human beings within our borders, we eventually cede those rights of all human beings within our borders. The ACLU eloquently states, “the fundamental constitutional protections of due process and equal protection embodied in our Constitution and Bill of Rights apply to every "person" and are not limited to citizens. The framers of the Constitution and the Bill of Rights, all understood the essential importance of protecting non-citizens against governmental abuse and discrimination.” (
SOURCE). The very circumstantial racial profiling that you might sometimes find justified, easily leads to the entrusting of great power to police to racially profile in all circumstances, as long as they find it subjectively necessary to do so (i.e. in the case of my friend, a lawful and natural citizen, being questioned unnecessarily).
The concept behind the drafting of the Bill of Rights was to guarantee certain human rights within American territory (to all human beings, not just card-holding citizens). The protection of all people (whether documented or undocumented) is necessary in order to preserve the morals behind the fundamental rights guaranteed by our Constitution. By rendering Mexican migrants as dangerous, and a threat to our society, we have enabled authorities to periodically forgo the humanity of the Mexican person under question, and usurp authority to search them without warrant, all in the name of preserving a fluid definition of our “security”. By forgoing the humanity of a Mexican person, we set the precedent for any person’s humanity to be rendered less valuable (i.e. the case of the pastor or the case of my friend riding his bike).
I’m not ready to trust any individual policing authority in America with subjective entitlement to creating arbitrary warrants, probable cause, and due process in the interrogation or searching of any person within our borders. As far as I’m concerned, the founders of my country entrusted these duties to the judiciary. And as long as I’m here, I’ll strive to see that those powers continue to belong there.
-E.C.Soria