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Condon's Right: Unchecked Immigration Is a Threat

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Since announcing his support for granting South Carolina law enforcement agencies arrest power for immigration law violations, Attorney General Charlie Condon has been criticized by just about everyone except the vast majority of South Carolinians. That power was granted to state and local governments under a provision of the Immigration Act of 1996, known as Section 133.

Condon’s critics tend to focus on two truths in their attempt to derail his efforts to allow thousands of dedicated law enforcement officers across South Carolina to carry out their duties when they are confronted with compelling evidence that an individual is violating the immigration laws of the United States. The first indictment of Condon’s position is that not all terrorists are immigrants, and that even though all 19 of the September 11th were foreign nationals, not all of them were here illegally. The second knock against the Attorney General is that he is a politician who has his sights set on becoming governor.

No one, including Charlie Condon, nor any credible expert on terrorism, suggests that implementation of Section 133 would be a panacea to terrorism in our nation. It would obviously do nothing to stop another Timothy McVeigh, and even if it were adopted in all 50 states, there is no guarantee that it would snare well-organized and crafty terrorist cells.

But neither can critics of Condon’s proposal argue that implementation of Section 133, along with other long overdue reforms to our nation’s immigration policies, would not make it more difficult for foreign terrorists to operate within the United States. There is no perfect defense to this type of warfare, but there is better and worse. A policy that allows an estimated 8 to 11 million illegal aliens to live, work, take flight training classes, or do anything else they wish, with virtually no fear of being detected is a gaping loophole that the September 11th terrorists used to their advantage and which will be used by others who want to wage war on our country and our people.

It is also worth noting that the provision Condon wishes to invoke would not turn local law enforcement into immigration cops. Under Section 133, South Carolina’s police and sheriff’s departments would not be out looking for illegal aliens. In spite of the demagoguery being bandied about that Section 133 is an open invitation to racial profiling, what it would do in fact is train local police to recognize probable cause that someone they have come into contact with in the normal course of their duties is in the United States illegally. Those factors that constitute probable cause for suspecting immigration law violations have nothing to do with race or ethnicity.

Clearly, implementation of Section 133 would have more of an impact on your run-of the-mill illegal aliens than it would on would-be terrorists. But what, exactly, is the problem with turning over an illegal alien who has been arrested for a drunk-and-disorderly, or some on some other charge, to federal authorities and having that person removed from the community?

As for the other charges lodged against Condon, that he is proposing Section 133 implementation for political gain. Imagine that! A politician doing something because he believes it will benefit him politically!

No one, of course, can look into Charlie Condon’s heart and determine what his motivation is for suggesting this. It may be for political gain and it may be because he genuinely believes that it is the right thing to do to protect the safety of South Carolinians and other Americans in our struggle against terrorism. All that really matters, however, is whether the policy he is advocating is one that serves the interests of the state and the nation, and does not violate the rights of innocent people.

The question that South Carolinians ought to be asking themselves is, Should peace officers who are paid and sworn to uphold the law, detain individuals whom they have probable cause to suspect are violating U.S. immigration laws?

 

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