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Arizona SB 1070

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Arizona Senate Bill 1070 is legislation passed into law in the U.S. state of Arizona and signed by Governor Jan Brewer on April 23, 2010.[1] It has been given the name Support Our Law Enforcement and Safe Neighborhoods Act but is best known as simply Arizona SB1070.[2][3]

The measure attracted national and international attention[2][4][3] as the country's broadest and strictest anti-illegal immigration measure in decades.[1] As the paragraph on intent in the legislation says, it embodies the 'attrition through enforcement' doctrine that some think tanks such as the Center for Immigration Studies have been supporting for the past several years.[5][6] The new law goes into effect in late July or early August 2010 (90 days after the Arizona legislative session ends).[7]

Provisions

The law makes it a state misdemeanor crime for anyone to be in the United States unlawfully,[8] and requires police to make an attempt, when practicable, to determine a person's immigration status if there is reasonable suspicion that the person is an illegal alien.[9] Police may, without a warrant, arrest a person if there is probable cause that the person is an illegal alien or is a legal alien not in possession of registration documents that the person is required to carry by federal law.[8] A person arrested cannot be released without confirmation of the person's legal immigration status by the federal government pursuant to § 1373(c) of Title 8 of the United States Code. A first offense carries a fine of at least $500, and up to six months in jail.[8] A person is "presumed to not be an alien who is unlawfully present in the United States" if he or she presents any of the following four forms of identification: (a) a valid Arizona driver license; (b) a valid Arizona nonoperating identification license; (c) a valid tribal enrollment card or other tribal identification; or (d) any valid federal, state, or local government-issued identification, if the issuer requires proof of legal presence in the United States as a condition of issuance.[9] SB1070 also prohibits state, county, or local officials from limiting or restricting "the enforcement of federal immigration laws to less than the full extent permitted by federal law" and provides that Arizona citizens can sue such agencies or officials to compel such full enforcement.[9][10]

In addition, the law makes it a crime for anyone, regardless of citizenship or immigration-status, to hire or to be hired from a vehicle which "blocks or impedes the normal movement of traffic." Vehicles used in such manner are subject to mandatory impounding. Moreover, "encourag[ing] or induc[ing]" illegal immigration, giving shelter to illegal immigrants, and transporting or attempting to transport an illegal alien, either knowingly or while "recklessly" disregarding the individual's immigration-status,[11] will be considered a class 1 criminal misdemeanor if less than 10 illegal immigrants are involved, and a class 6 felony if 10 or more are involved. The offender will be subject to a fine of at least $1,000 for each illegal alien so transported or sheltered.[11]

Arizona is the first state with such a law.[12] Prior law in Arizona, and the law in most other states, does not mandate that law enforcement personnel ask about the immigration status of those they encounter, and many police departments discourage such inquiries for fear that immigrants will not report crimes or cooperate in other investigations.[7]

Background and passage

Arizona has an estimated 460,000 illegal immigrants.[7] As the state with the most illegal crossings of the Mexico – United States border, its remote and punishing desert is the entry point for thousands of Mexicans and Central Americans.[7]

Arizona has a history of passing restrictions on illegal immigration, including legislation in 2007 that imposed heavy sanctions on employers hiring illegal immigrants.[13] Measures similar to SB1070 had been passed by the legislature several times before, only to be vetoed by Democratic Governor Janet Napolitano, who subsequently was elevated to Secretary of Homeland Security in the Obama administration and replaced by Brewer.[1][14] There is a similar history of referenda, such as the Arizona Proposition 200 (2004) that have sought to restrict illegal immigrants' use of social services.

Much of the drafting of the bill was done by Kris Kobach, a professor at the University of Missouri–Kansas City School of Law[15] and a figure long associated with the Federation for American Immigration Reform who had written immigration-related bills in many other parts of the country.[16] Kobach had drafted The Arizona State Senate approved an early version of the bill in February 2010.[17] The sponsor of the bill was State Senator Russell Pearce, who had long been one of Arizona's most vocal opponents of illegal immigration.[17] Saying, "Enough is enough," he stated figuratively that the bill would remove handcuffs from law enforcement and place them on violent offenders.[14][18]

The killing of 58-year-old Robert Krentz and his dog, shot on March 27, 2010, while doing fence work on his large ranch roughly 30 kilometers from the Mexican border, contributed to the passage of this round of Arizona legislation.[4] Arizona police had no suspect in murder, but traced a set of footprints from the crime scene to the border, and the resulting speculation that the killer was an illegal alien increased support among the public for the measure.[4][1]

The bill, with a number of changes made to it, passed the Arizona House of Representatives on April 13 by a 35–21 party-line vote.[17] The revised measure then passed the State Senate on April 19 by a 17-11 vote that also closely followed party lines,[14] with all but one Republican voting for the bill, ten Democrats voting against the bill, and two Democrats not voting.[19]

The Mexican Senate urged Governor Brewer to veto the measure[18] and the Mexican Embassy to the U.S. raised concerns about potential racial profiling that may result.[14] Citizen messages to Brewer were 3–to–1 in favor of the law.[14] A Rasmussen Reports poll indicated that it held wide support among likely voters in the state, with 70 percent in favor against 23 percent opposed, although a majority of voters were also concerned that actions taken due to the bill would violate the civil rights of some American citizens.[10][20] Brewer had been silent on whether she would sign the measure, but facing a Republican Party primary challenge from more conservative opponents, she did.[1]

During the time of the signing, there were over a thousand people at the Arizona State Capitol both in support of and opposition to the bill, and some minor civil unrest occurred.[10] Against concerns that the measure would promote racial profiling, Brewer stated that no such behavior would be tolerated: "We must enforce the law evenly, and without regard to skin color, accent or social status."[21] She vowed to ensure that police forces had proper training relative to the law and civil rights,[1][21] and soon said she would issue an executive order requiring additional training for all officers on how to implement SB1070 without engaging in racial profiling.[22] Ultimately, she said, "We have to trust our law enforcement."[1]

The immigration issue also was center stage in the re-election campaign of Republican U.S. Senator from Arizona John McCain, who had been a past champion of federal immigration reform measures such as the Comprehensive Immigration Reform Act of 2007.[4] Also faced with a primary battle, against the more conservative J. D. Hayworth (who had made measures against illegal immigration a central point of his candidacy), McCain supported SB1070 only hours before its passage in the State Senate.[1][4] McCain said on The O'Reilly Factor: "It's the drivers of cars with illegals in it that are intentionally causing accidents on the freeway. Look, our border is not secured. Our citizens are not safe."[4]

Reaction

A Rasmussen Reports poll done nationally around the time of the signing indicated that 60 percent of Americans were in favor, against 31 percent opposed, of legislation allowing local police to "stop and verify the immigration status of anyone they suspect of being an illegal immigrant."[23] Another Rasmussen poll, done statewide after several days of heavy news coverage about the controversial law and its signing, found a large majority of Arizonans still supported it, by a 64 percent to 30 percent margin.[24] Rasmussen also found that Brewer's approval ratings as governor have shot up, going from 40 percent of likely voters before the signing to 56 percent after, and that her margin over prospective Democratic gubernatorial opponent, State Attorney General Terry Goddard (who opposes the law) widened.[25]

In general, national political reaction to the law has fallen along party lines.[26] The bill was criticized by President Barack Obama, who called it "misguided" and said it would "undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and our communities that is so crucial to keeping us safe."[4][1] He called for federal immigration reform legislation to forestall such actions among the states.[1][4] Secretary Napolitano testified before the Senate Judiciary Committee that she had "deep concerns" about the law and that it would divert necessary law enforcement resources from combating violent criminals.[27] A few nationally visible Republicans have opposed aspects of the measure, including former Governor of Florida Jeb Bush and former Speaker of the Florida House of Representatives and current U.S. senatorial candidate Marco Rubio.[26] In contrast, the measure was hailed by Joe Arpaio, Sheriff of Maricopa County, Arizona, known for his tough crackdowns on illegal immigration within his own jurisdiction, who hoped the measure would cause the federal government to seal the border.[7] Arpaio said, "I think they'll be afraid that other states will follow this new law that's now been passed."[7]

Arizona's law enforcement groups have been split on the bill,[14][28] with statewide rank-and-file police officer groups generally supporting it and police chief associations opposing it.[10] The Arizona Association of Chiefs of Police criticized the legislation, calling the provisions of the bill "problematic" and expressing that it will negatively affect the ability of law enforcement agencies across the state to fulfill their many responsibilities in a timely manner.[29] The Phoenix Police Union, however, supports it.[28]

Thousands of people staged protests in state capital Phoenix over the law, and a pro-migrant activist called the measure "racist".[2][18] The National Association of Latino Elected and Appointed Officials said SB1070 was "an unconstitutional and costly measure that will violate the civil rights of all Arizonans."[3] Some Latino leaders have compared the law to Apartheid in South Africa, Nazi Germany, or the Japanese American internment during World War II.[10][30] Los Angeles Councilwoman Janice Hahn and Congressman Jared Polis of Colorado also said the law's requirement to carry papers all the time was reminiscent of the early period of Nazi Germany and feared that Arizona was headed towards becoming a police state.[27][31] Cardinal Roger Mahony of Los Angeles said, "I can't imagine Arizonans now reverting to German Nazi and Russian Communist techniques whereby people are required to turn one another in to the authorities on any suspicion of documentation."[32] Proponents of the law scoffed at such inflated rhetoric, and argued that the law was reasonable, limited, and carefully crafted.[33] Stewart Baker, a former Homeland Security official in the George W. Bush administration, said, "The coverage of this law and the text of the law are a little hard to square. There's nothing in the law that requires cities to stop people without cause, or encourages racial or ethnic profiling by itself."[16]

Mexican President Felipe Calderón's office said that "the Mexican government condemns the approval of the law [and] the criminalization of migration."[7] The Mexican Foreign Ministry issued a travel advisory for its citizens visiting the state, saying "It must be assumed that every Mexican citizen may be harassed and questioned without further cause at any time."[34] U.S. Senator Chuck Schumer of New York and Mayor Michael Bloomberg of New York City have criticized the law, with Bloomberg stating that it sends exactly the wrong message to international companies and travelers.[21] Some immigration experts said the law might make workers with H-1B visas vulnerable to being caught in public without their hard-to-replace paperwork, which they are ordinarily reluctant to carry everywhere, and that as a consequence universities and technology companies in the state might find it harder to recruit students and employees.[35]

U.S. Congressman Raúl Grijalva, from Arizona's 7th congressional district, called for an economic boycott of his state, by industries from manufacturing to tourism, in response to SB1070.[36] His call was echoed by La Opinión, the nation's largest Spanish-language newspaper, the Rev. Al Sharpton, as well as in proposed resolutions by members of the government of San Francisco, the Los Angeles City Council, and the Council of the District of Columbia.[37][27][38] Calls for various kinds of boycotts were also spread through social media sites, and there were scattered reports of individuals or groups changing their plans or activities in protest of the law.[39][37][2] The prospect of an adverse economic impact made Arizonan business leaders and groups nervous.[39][2][27] Mayor Gordon urged people not to punish the entire state as a consequence.[37]

Constitutionality

The legislation is considered constitutionally vulnerable by critics, who claim that the Supremacy Clause of the United States Constitution gives the federal government authority over the states in immigration matters and that only the federal government can enact and enforce immigration laws.[40][12] There may be multiple lawsuits filed against the law, at both the federal and state level, with those taking action possibly including the Mexican American Legal Defense and Educational Fund, the NALEO Educational Fund, the American Civil Liberties Union, and Mayor of Phoenix Phil Gordon.[12][3][14][10][40] President Obama instructed his administration to closely monitor the civil rights implications of the law,[12] and U.S. Attorney General Eric Holder said the federal government was considering several options including a court challenge.[16]

Drafter Kobach said the law embodied the doctrine of "concurrent enforcement" – that the state law parallels applicable federal law without any conflict[16] – and that it would survive any challenge: "There are some things that states can do and some that states can't do, but this law threads the needle perfectly.... Arizona only penalizes what is already a crime under federal law."[15] State Senator Pearce noted that some past state laws on immigration enforcement had been upheld in federal courts,[12] and called the bill's signing "a good day for America."[10] Legal experts were divided on whether the law would survive a court challenge, with one law professor saying it "sits right on that thin line of pure state criminal law and federally controlled immigration law."[16] Past lower court decisions in this area were not always consistent and it was possible the issue would reach the U.S. Supreme Court.[16]

See also

References

  1. ^ a b c d e f g h i j Archibold, Randal C. (April 24, 2010). "U.S.'s Toughest Immigration Law Is Signed in Arizona". The New York Times. p. 1.
  2. ^ a b c d e Condon, Stephanie (April 26, 2010). "Arizona Immigration Law Fight Far From Over". CBS News.
  3. ^ a b c d Lakshman, Narayan (April 26, 2010). "Furore over Arizona immigration bill". The Hindu.
  4. ^ a b c d e f g h Sheldon, Albert S. (April 24, 2010). "Obama criticizes controversial immigration law". The Vancouver Sun. CanWest News Service.
  5. ^ Vaughan, Jessica M. (April 2006). "Attrition Through Enforcement: A Cost-Effective Strategy to Shrink the Illegal Population". Center for Immigration Studies.
  6. ^ Arizona SB1070, Section 1.
  7. ^ a b c d e f g Cooper, Jonathan J. (April 24, 2010). "Arizona law raises fear of racial profiling". Associated Press.
  8. ^ a b c Arizona SB1070, Section 3.
  9. ^ a b c Arizona SB1070, Section 2.
  10. ^ a b c d e f g Harris, Craig; Rau, Alia Beard; Creno, Glen (April 24, 2010). "Arizona governor signs immigration law; foes promise fight". The Arizona Republic.
  11. ^ a b Arizona SB1070, Section 5.
  12. ^ a b c d e Nowicki, Dan (April 25, 2010). "Court fight looms on new immigration law". The Arizona Republic.
  13. ^ Broder, David S. (July 8, 2007). "Arizona's Border Burden". The Washington Post.
  14. ^ a b c d e f g "Ariz. Lawmakers Pass Controversial Illegal Immigration Bill". KPHO-TV. April 20, 2010.
  15. ^ a b O'Leary, Kevin (April 16, 2010). "Arizona's Tough New Law Against Illegal Immigrants". Time.
  16. ^ a b c Rossi, Donna (April 14, 2010). "Immigration Bill Takes Huge Step Forward". KPHO-TV.
  17. ^ a b c "Thousands Protest Ariz. Immigration Law". CBS News. Associated Press. April 23, 2010.
  18. ^ "Bill Status Votes For SB1070 – Final Reading". Arizona State Legislature. Retrieved April 27, 2010.
  19. ^ "70% of Arizona Voters Favor New State Measure Cracking Down On Illegal Immigration". Rasmussen Reports. April 21, 2010.
  20. ^ a b c Samuels, Tanyanika (April 24, 2010). "New York politicians rip into Arizona immigration law, call it 'un-American'". New York Daily News.
  21. ^ "Democrats call for elimination of Arizona's new immigration law". CNN. April 28, 2010.
  22. ^ "Nationally, 60% Favor Letting Local Police Stop and Verify Immigration Status". Rasmussen Reports. April 26, 2010.
  23. ^ "Arizona Voters Favor Welcoming Immigration Policy, 64% Support New Immigration Law". Rasmussen Reports. April 28, 2010.
  24. ^ "Election 2010: Arizona Governor: Poll Bounce for Arizona Governor After Signing Immigration Law". Rasmussen Reports. April 28, 2010.
  25. ^ a b Martin, Jonathan (April 27, 2010). "Jeb Bush speaks out against Ariz. law". Politico.
  26. ^ a b c d Gorman, Anna; Riccardi, Nicholas (April 28, 2010). "Calls to boycott Arizona grow over new immigration law". Los Angeles Times.
  27. ^ a b Johnson, Elias (April 15, 2010). "Police Agencies Split Over Immigration Bill". KPHO-TV.
  28. ^ "AACOP Statement on Senate Bill 1070" (PDF) (Press release). Arizona Association of Chiefs of Police. Retrieved April 25, 2010.
  29. ^ Sisk, Richard; Einhorn, Erin (April 26, 2010). "Sharpton, other activists compare Arizona immigration law to apartheid, Nazi Germany and Jim Crow". New York Daily News.
  30. ^ Hunt, Kasie (April 26, 2010). "Democrat: Arizona law like 'Nazi Germany'". Politico.
  31. ^ "Cardinal Mahony compares Arizona immigration bill to Nazism, Communism". Catholic World News. April 20, 2010.
  32. ^ York, Byron (April 26, 2010). "A carefully crafted immigration law in Arizona". The Washington Examiner.
  33. ^ Johnson, Kevin (April 27, 2010). "Mexico issues travel alert over new Ariz. immigration law". USA Today.
  34. ^ Thibodeau, Patrick (April 27, 2010). "Arizona's new 'papers, please' law may hurt H-1B workers". Computerworld.
  35. ^ Blackstone, John (April 24, 2010). "Congressman Touts Boycott Of Immigration Law". CBS News.
  36. ^ a b c Archibold, Randal C. (April 27, 2010). "In Wake of Immigration Law, Calls for an Economic Boycott of Arizona". The New York Times. p. A13.
  37. ^ Craig, Tim (April 28, 2010). "D.C. Council to consider boycotting Arizona to protest immigration law". The Washington Post.
  38. ^ a b Beard, Betty; Gilbertson, Dawn (April 27, 2010). "Calls to boycott Arizona multiply on social media". The Arizona Republic.
  39. ^ a b "ACLU of Arizona Section By Section Analysis of SB 1070 'Immigration; Law Enforcement; Safe Neighborhoods'" (PDF) (Press release). American Civil Liberties Union. April 16, 2010.
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