PHOENIX -- Arizona had to pass a tough immigration law because the Obama administration failed to "secure our borders," Arizona Sen. John McCain said Tuesday.
Calling the situation in his state "the worst I've ever seen," McCain said drugs are pouring into the southwestern United States from Mexico because of ineffective border enforcement.
Arizona Republican Gov. Jan Brewer signed a bill Friday to give state police the authority to question whether an individual is in the United States legally and would consider it a crime for people to be unlawfully in the state. She said she was forced to act because Washington has failed to stop the flow of illegal immigrants and drugs from Mexico.
But opponents of the law, who have staged protests in the capital of Phoenix since last week, used refried beans to smear swastikas on the state Capitol and have demanded a boycott of the state, are taking their case to court for a judge to decide whether the state can enforce federal laws.
"If you look or sound foreign, you are going to be subjected to never-ending requests for police to confirm your identity and to confirm your citizenship," said Alessandra Soler Meetze, executive director of the American Civil Liberties Union of Arizona, which is exploring legal action.
President Obama has also questioned the legal authority for Arizona to enforce federal law, arguing it would be a violation of civil rights for state law enforcement to question the legality of an individual's residency.
But McCain told CBS's "The Early Show" that he's talked to law enforcement officials and believes the new law can be implemented "without racial profiling," a chief concern of opponents.
He added that over a million pounds of marijuana were intercepted on the border at Tucson just in the last year.
Separately, House Majority Leader Steny Hoyer agreed Tuesday that the federal government hasn't secured the border with Mexico
"I think they’re right," said Hoyer. "The Feds haven't done their job."
Currently, many U.S. police departments do not ask about people's immigration status unless they have run afoul of the law in some other way. Many departments say stopping and questioning people will only discourage immigrants from cooperating to solve crimes.
Under the new Arizona law, immigrants unable to produce documents showing they are allowed to be in the U.S. could be arrested, jailed for up to six months and fined $2,500. That is a significant escalation of the typical federal punishment for being here illegally -- deportation.
People arrested by Arizona police would be turned over to federal immigration officers. Opponents said the federal government could thwart the law by refusing to accept them. - FOX News Story
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