So Arizona's "Papers, please" law is a drag for immigrants, and people who think they might look like immigrants, and people who care about civil liberties, and so on. But for the Federation for American Immigration Reform, it's a point of pride:
FAIR's legal affiliate, the Immigration Reform Law Institute (IRLI) assisted Senator Pearce in drafting the language of SB1070
Tucked inside Article 8 of the law is language that all but invites groups like the Immigration Reform Law Institute to sue. In the event a group wins, a court may order "that the person who brought the action recover court costs and attorney fees."
The provision also allows the judge to order that the losing party "pay a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day that the policy has remained in effect" after someone complained. The penalty money goes to the Department of Public Safety, for the Gang and Immigration Intelligence Team Enforcement Mission -- GIITEM.
And if you're Maricopa County Sheriff Joe Arpaio, a noted tough guy who this morning on NBC noted that the Obama Justice Department has yet to sue him for racial profiling, you're happier still. Because Article 8 of Pearce's bill indemnifies law enforcement against the expenses of a law suit filed against them, unless it can be proved that they "acted in bad faith." Given that "Papers, please" offers broad discretion in determining who's an object of reasonable suspicion, proving bad faith can be a mighty big challenge.