What makes this lawsuit so moronic is that their lead attorney says that the training standards issued by the Arizona Peace Officers Standards and Training Board are vague and useless. The lead ambulance chaser, Peter Schey, stated that there is a much easier way to find illegal aliens; use profiling. At the same time he claims that using non-racial factors in determining reasonable suspicion would lead to racial profiling:
It's like having a law that tells police to go out and arrest all children but to not use the fact that a person looks like a child," Los Angeles-based attorney Peter Schey, lead counsel for the plaintiffs who filed the lawsuit, said Saturday.
"Rather than training police officers about who is and who is not really deportable, the training materials focus on vague and ambiguous factors, such as a person's dress or limited ability to speak English or demeanor, whatever that means," Schey said. "An average law enforcement officer using those standards is inevitably going to focus on a person's physical appearance or race while being sure not to say that in his or her report."
The major mistake Schey makes is that when an officer makes a stop for a separate offense and then develops reasonable suspicion that the detainee is an illegal alien, it is not his responsibility to determine if the alien is deportable. That is the responsibility of Immigration and Customs Enforcement (ICE), who take over the investigation and custody of the alien.
But Schey does get one thing correct, when looking for children, one looks for children who are readily apparent to anyone that they are children. The same with illegal aliens. Finding illegal aliens in Arizona is not rocket science. Arizona has a long border with Mexico and Mexico provides over 1 million illegal aliens a year to the United States, many of whom enter through Arizona. Schey suggests that rather than concentrating on facts that suggest illegal status, such as no identification, only foreign identification, no English, layers of clothing, etc., which he says would lead to racial profiling, police officers should concentrate on looking at people and determining by looks alone that a person is illegal. Schey inadvertently admits that illegal aliens are as obvious as children. Well, he is correct. Illegals stand out like children. One can literally walk down the streets of Arizona and pick out the illegals. Obviously not all illegals, but race and ethnicity are the easiest way to find the 500,000 illegals in Arizona. The Mexican government itself admits that most illegals in Arizona and the United States are Mexican and the Mexican government says that those illegal aliens don't look like Americans as there is a racial difference between Americans and Mexicans.
Of course, in reality, Schey is really claiming that all evidence of illegality leads to Mexicans, who are the illegals, and that even using evidence of illegality is a front for illegal racial profiling, as if being Mexican is a race, rather than a nationality. But in his desparation to accuse Arizona of racial profiling, he both admits almost all illegals are Mexican and that there is nothing that the police can do to arrest illegals because it is racial profiling to arrest any Mexican illegal alien even if they used objective facts about a detainee; no ID, no English, etc.
Worse yet, Schey claims that some illegals are really legal:
Schey estimated that 2 million of the nation's roughly 12 million illegal immigrants are not eligible for deportation because they're in the process of seeking legal status.
While some illegals are allowed to claim adjust status in the U.S., they are still illegal and subject to arrest. However, that is irrelevant, since Arizona police will be turning the illegals they arrest over to ICE, who will then determine if the alien will or will not be deported. Given the Obama Regime policy, no aliens will be deported. But Schey is apparently concerned that some of them will be deported. Obviously he did not get the memorandum of John Morton that ICE will not be making many arrests of illegals. That is why he claims that any arrest of illegal aliens whether based on ethnicity or other objective factors is racial profiling, which, by the way, is not illegal, since the Supreme Court has ruled that race and ethnicity may be used in an investigation. His goal is to make the arrest of any illegal alien impossible, that is why he filed this lawsuit and why LULAC is the plaintiff; both want as many illegal aliens here as possible.