Golmer's Blog

It is claimed that the Arizona Immigration law is somehow violating the 14th amendment protections. Let’s take a look at the only applicable clause and see if that is true:

“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

The first sentence says “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” What that sentence does, essentially, is define whom a citizen is - someone who is BORN or NATURALIZED. The first condition (born) is self explanatory. If you are BORN here, you are a citizen. The second one (naturalized) means a person that has undergone a LEGAL PROCESS by which they BECOME a citizen. I.e., an ILLEGAL IMMIGRANT is NOT a citizen and is not afforded the “privileges or immunities of citizens of the United States.” 

The next part, “…nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” means that just because you are black, or hispanic, or muslim, or gay, or atheist, or any other classification of person, you cannot be discriminated against with respect to APPLICATION of the laws of this land.

The Arizona law doesn’t advocate removing, without due process (an important point) a person’s “life, liberty, or property” - it just means that they have the right to test whether or not any person within their jurisdiction is “subject to the jurisdiction thereof.” They have the right to test anyone whatsoever to determine their status as a citizen. 

The Arizona immigration law in no way deprives a US citizen of any right. The law merely serves to redress a problem - a problem of illegal immigration. It would seem the only people who possibly could have a major problem with the enforcement of US constitutional law are the selfsame people breaking that law or their supporters (who aid and abet the breaking of US law).

Legal immigrants to this country are welcome. Legal immigrants are citizens. Legal immigrants followed the law in order to become citizens. Illegal immigrants are not. And America has the right to determine which is which.