B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
QUESTION: So how does one "suspect" that someone is an alien? What criteria exists to have a "suspicion" outside of having witnessed the person coming across the border illegally without papers or having obtained prior info gathered from authorities who may have raided a business that was discovered (via warrant-obtained evidence of fraudulent documents, etc) to have illegals among their employees?
Would the criteria be a person having an accent and/or someone who "can't speak English", which is about the only nonsensical argument that knuckle-draggers eventually spout when they realize that they can't simply use the person's physical appearance as the criteria.
ANSWER: There is NO criteria that would not violate the Constitution, and this draconian 21st century version of the various iterations of the "Fugitive Slave Act" and its related statues, will go the way of its similar predecessors.
The Fugitive Slave Act of 1850 in part stated:
SEC. 3. And be it also enacted, That when a person held to labor in any of the United States, or in either of the Territories on the Northwest or South of the river Ohio, under the laws thereof, shall escape into any other part of the said States or Territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any Judge of the Circuit or District Courts of the United States, residing or being within the State, or before any magistrate of a county, city, or town corporate, wherein such seizure or arrest shall be made, and upon proof to the satisfaction of such Judge or magistrate, either by oral testimony or affidavit taken before and certified by a magistrate of any such State or Territory, that the person so seized or arrested, doth, under the laws of the State or Territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such Judge or magistrate to give a certificate thereof to such claimant, his agent, or attorney, which shall be sufficient warrant for removing the said fugitive from labor to the State or Territory from which he or she fled.
In either case, the person is presumed guilty and must prove innocence.
An untold number of free African-Americans were profiled because they didn't look like Europeans. And thus during a long era of terror, despite being forced to carry and produce manumission papers or some proof of birth in a free state, many were still duly arrested in non-slave states by conniving and lying SOBs, and hauled to parts unknown, right into slavery.