Michigan’s version of the controversial “Arizona
Immigration Law” has been introduced again recently by Republican House
members. If adopted, this new law could have a potentially devastating impact
on minorities, destroy relationships between law enforcement and communities,
and make the budget crisis of local municipalities much worse.

Michigan House Bill No. 4305 entitled by its sponsors as the
“Support Our Law Enforcement and Safe Neighborhoods Act,” was
inspired by the Arizona Senate Bill 1070, which has been challenged in Court by
the U.S. Government as unconstitutional.

H.B. 4305 would, in essence, if not in detailed fact, turn
every police officer in the state into a certified immigration enforcement
officer. Anyone that can be reasonably suspected of being in the U.S. illegally
must be subjected to a “complete, full and appropriate attempt” to
verify the person’s immigration status with the federal government.
Furthermore, any county, city or police department that attempts to curtail the
use of this power by their officers or employees, or even worse, does not fully
implement this law, can be taken to court by anyone to enforce the provisions
of this law. Furthermore, another section of the act gives any enterprising
police officer free legal representation, paid for by their employer (you), if
they are sued for abusing this law. Talk about a recipe for disaster. Anybody
have a recipe for disaster handy?

This bill is clearly unconstitutional. I asked a proponent
of this bill what the “specific articulable facts” are that could
lead a police officer to “reasonable suspicion” that someone is here
illegally? These are the legal standards that allow a person to be stopped and
questioned in the first place. The person did not have a valid answer then,
and  does not now. The answer is
probably race and other physical features related to a person’s background.
Thus, this bill is prejudicial, discriminatory, and unconstitutional and has no
place in Michigan.

This bill would discourage witnesses who may be
undocumented, or “look like it” from cooperating with police in
investigations, and would preoccupy all public safety officers with immigration
investigations, thereby preventing them from investigating violent crimes and
other serious dangers to public safety. Therefore, the bill would almost
undoubtedly cost us innocent lives and weaken our public safety infrastructure.

Many serious questions need to be answered before the House
and Senate Republicans pass this law and Governor Snyder signs it. Can Michigan
really afford all of the new compliance issues related to verifying everyone’s
immigration status? What will be the economic impact of turning Michigan from a
welcoming, diverse community into one that is openly hostile to immigrants and
their families who currently contribute so much in the way of business and
economic growth? Third, to Governor Snyder specifically; why sign a bill that
is so controversial and divisive when you claimed you wanted to bring the state
together to face its challenges?

Tarek M. Baydoun is an Attorney and Counselor at Allen
Brothers Law Firm