ARIZONA SB 1070:ANTI-IMMIGRATION MEASURES

Danielle BarringtonProfessor Arguello

History 5

FEDERAL LAW The current federal law requires all aliens 14 years

and older to be registered with the government if they are in the country for more than 30 days, and to carry those documents with them at all times.

If an alien is arrested without documentation, they must pay a $100 fine and up to 20 days in jail, according to Title 8 of the United States Code.

Illegal immigration is not otherwise provisioned in the federal government, and most other states discourage inquiries about immigration status in order to have a cooperative relationship with immigrants about reporting crimes and submitting to investigations.

BACKGROUND Due to Arizona’s high number of estimated illegal

immigrants, the state government passed this anti-immigration law in an attempt to better control the overflow of aliens from Mexico. Similar bills were proposed in 2006 and 2008, but were vetoed by then-governor Janet Napolitano.

Upon her promotion to Secretary of Homeland Security in the Obama Administration, Republican Jan Brewer replaced her and chose to pass it when it was reintroduced in 2010.

An increase in Hispanic population, drug and human trafficking, and a poor economy are reasons given in support of the law.

The Arizona House and Senate approved the bill in April, followed 4 days later by governor Brewer’s approval.

SUPPORT Russell Pearce, sponsor of the bill, called the

passage of the bill “a good day in America.” State Representative Michele Reagan’s

attitude toward the bill was “These are the laws, let’s start following them.” Three months after the passage, she said she did not expect or encourage such a public outcry, and did not envision boycotts or prayer vigils as they have seen. She continued, saying “The majority of us just voted for it because we thought we could try to fix the problem.”

John McCain supported the bill as a focus point of his re-election campaign as Senator of Arizona.

Russell Pearce

OPPOSITION Those opposed to the bill fear that it will promote racial

profiling due to the law requiring officers to determine a person’s immigration status if there is reasonable suspicion that they are an illegal alien.

Governor Jan Brewer insists that such behavior will not be tolerated, saying “we must enforce the law evenly, and without regard to skin color, accent, or social status.” However, it is a difficult predicament to judge a person’s immigration status without considering their physical qualities or speech. Her final appeal to opposition was simply to “trust our law enforcement.”

In a training video designed for Arizona officers to watch, officers are told to watch out for opponents of the bill who may be video taping them making an incorrect stop, and are allowed to ask for documentation based on skin color, clothing, or location of the stop in reference to known illegal hangouts.

President Obama called the bill “misguided” and expressed concern that even with the later amendments to the bill, there is possibility of suspected illegal immigrants being harassed. He has repeatedly called for federal immigration reform legislation in an effort to keep states from making such legislation, but nothing has yet to surface.

OPINION POLLS A national Rasmussen poll taken at the time

of the signing indicated that 60% of Americans were in favor while 31% were opposed, and 58% were concerned about the potential for civil rights violations caused by the law.

In a CBS News poll, 57% thought that the federal government should be responsible for handling immigration laws.

Public officials in the United States have generally followed their party’s beliefs: Republicans support it and Democrats oppose it.

PROTESTS Protests began in Phoenix at the time of its signing, with

pro-immigrant activists calling it racist. Few were satisfied with the modification to the bill stipulating that it cannot be used to discriminate.

On May 1st, 2010, over 70 U.S. cities collaborated to protest against the law. Tens of thousands of people were in attendance.

Los Angeles has become the national epicenter of protests against the law, with frequent protests and supporters in the public eye.

Protests for and against the bill took place over a month after the signing, during Memorial Day weekend. Part of the supporting event was arranged by Tea Party groups.

Many city governments and organizations throughout the country have boycotted doing business with companies headquartered in Arizona.

LAW ENFORCEMENT Arizona’s law enforcement is split on the bill;

most statewide police officer groups support it, while police chief associations oppose it.

Many officers have expressed concern that aliens might fear the police because of this bill, and will not call them in an emergency or after a crime.

Others say that they can identify aliens based on other indicators, such as absent identification or conflicting statements.

The Arizona Association of Chiefs of Police believe the bill to be a problem because it will decrease the ability of law enforcement agencies to fulfill their other responsibilities.

RECENT HEARINGS The ACLU challenged the law due to its violation

of the Supremacy Clause, because it was pre-empted by federal law already.

Police officers Martin Escobar and David Salgado filed suit against the bill for forcing them to violate the rights of Hispanics by racial profiling.

Hearings on all lawsuits against the bill were held in July, and the Judge granted granted a preliminary injunction that blocked the most controversial portions of the bill from going into effect, including checking immigration status at each arrest or stop.

SOURCES Wikipedia: Arizona SB 1070

http://en.wikipedia.org/wiki/Arizona_immigration_bill

CBS Arizona: KPHO Channel 5http://www.kpho.com/video/24117125/index.html

New York Timeshttp

://www.nytimes.com/2010/05/30/us/30immig.html?_r=1

Washington Timeshttp

://www.washingtontimes.com/news/2010/jul/28/judge-blocks-key-parts-ariz-immigration-law/