News Reel Blog: “What state’s penal code does the following section come from?
(b) With respect to any such person who is arrested, and suspected of being present in the United States in violation of federal immigration laws, every law enforcement agency shall do the following:
(1) Attempt to verify the legal status of such person as a citizen of the United States, an alien lawfully admitted as a permanent resident, an alien lawfully admitted for a temporary period of time or as an alien who is present in the United States in violation of immigration laws. The verification process may include, but shall not be limited to, questioning the person regarding his or her date and place of birth, and entry into the United States, and demanding documentation to indicate his or her legal status.
That would be… California!”
The key word here is “arrested.” Once arrested, a person who is suspected of being in the States illegally must prove documentation. This is quite different from giving peace officers the right to stop people and ask for papers, or fine people for not carrying their IDs with them at all times.
After reading the text of this law I honestly don’t see what the issue is – as Kate said, the “key” is that if some is detained, held or arrested, he/she must provide identification – in the form of driver’s license, passport, visa, etc. If a person can’t provide this information they would be queried why they lack any type of valid and legal identification. The likely conclusion is that he/she isn’t here legally if they can’t produce any form of legal documentation.