Arizona Law SB1070 - Term Paper Example

Arizona law sb1070 Arizona Senate, , Senate Bill 1070, “An Act Relating to Unlawfully Present Aliens” is commonly referred to as the Support Our Law Enforcement and Safe Neighborhoods Act. It fundamentally alters the way the investigation of unlawfully present aliens, commonly referred to as illegal aliens, are investigated. The Act was signed into law by Governor Jan Brewer on April 23, 2010. However, in July U.S. District Judge Susan Bolton “granted a preliminary injunction that blocked the most controversial parts of the law a day before it was to take effect.” (CNN Wire Staff, 2010) The U.S. Code (Title 8 > Chapter 12 > Subchapter II > Part VII > § 1302, “Registration of Aliens” ) aliens who remain in the United States for more than 30 days to register and be fingerprinted: (a) It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 1201 (b) of this title or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days. Parents, custodians or guardians of children under the age of fourteen are responsible for their registration. It is also the responsibility of anyone so registered to “at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him” or risk a federal conviction, a fine of up to $100 or up to thirty days incarceration. Arizona sb1070 has no impact on this law per se and is strictly congruent with it (although it may violate other federal laws, the Constitution and the Bill of Rights). It significantly alters the process of enforcing it in the state of Arizona. Under the provisions of sb1070 it becomes a state offense to not carry alien registration documents at all times with penalties equivalent to the federal sanctions. Also, however, the bill permits officers to investigate the immigration status of persons stopped for any other reason: For any lawful contact stop, detention or arrest made by a law Enforcement Officer... 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, except if the determination may hinder or obstruct an investigation. (sb 1070, Section II, Article 8) This clause has raised a furor amongst opponents of the legislation who argue that it amounts to a license to racially profile. They assert that the phrase “reasonable suspicion exists that the person is an alien” means, in fact, if they look Hispanic and that individuals will be subject to investigation simply for driving while being perceived by law enforcement personnel to appear Hispanic. Advocates of the bill argue that the problem of illegal immigrants is overwhelming the states social services and undermining the labor market. They also insist that federal opposition to the bill attacks the rights of states. Many law enforcement officials support the bill as does the The Center for Immigration Studies, which advocates immigration reduction. Failed Republican Presidential candidate and Arizona Senator, John McCain supports the states rights argument: “"Instead of wasting taxpayer resources filing a lawsuit against Arizona and complaining that the law would be burdensome, the Obama Administration should have focused its efforts on working with Congress to provide the necessary resources to support the state in its efforts to act where the Federal government has failed to take responsibility." (CNN Wire Staff, 2010) Opponents of the bill argue that it violates the Fourth Amendments prohibition of unreasonable search and guarantee of the security of the person. The National Council of La Raza (NCLR), “the largest national Hispanic civil rights and advocacy organization in the United States – works to improve opportunities for Hispanic Americans” and opposes the bill. It describes the bill as “the nation’s most punitive immigration law” and notes that “the law makes all Latinos in Arizona suspect in their own communities, regardless of their immigration status.” (NCLR, “Arizona sb1070”) NCLR also argues that Arizonas sb1070 inspires similar (copycat) legislation in other states. Among those states are Arkansas, Colorado, Florida, Georgia, Idaho, Mississippi, Nebraska, Oklahoma, South Carolina, Tennessee, Utah, and Virginia. The organization Boycott Intolerance has also organized to oppose the bill. Boycott Intolerance describes the bill as “a manmade disaster of enormous proportions” that “will inevitably increase racial profiling and other forms of discrimination against Latinos and others perceived to be foreign. “ (“Boycott Intolerance”) Although the bill targets Hispanics it could be used against anyone. Consider the following illustrations. A German tourist, stopped under suspicion of being impaired when he is lost or confused in a rental car in an unfamiliar city, could then be compelled to prove he is legally in the United States. An African-American whose family has resided in the United States for over a century could be investigated under suspicion of being a Tutsi refugee unlawfully in the United States. The potential for abuse, and the range of potential abuses of the Fourth Amendment, “the right of the people to be secure in their persons,” is frightening. The bill is also oppressive in other aspects. Section 5 makes it illegal to stop a motor vehicle, or enter a stopped motor vehicle to hire or be hired for work. This section targets the unofficial labor markets that exist on roadsides in many Arizona cities. However, it opens the door to horrendous abuses. If a person sees an acquaintance walking and stops to offer them a ride they can then be stopped by law enforcement officials under suspicion of stopping to hire or be hired and subsequently investigated for suspicion of being illegally present in the United States. Attempts to limit the number of people in the United States illegally are legitimate and necessary: Arguably those who suffer the most from this are the poorest legal residents who find low wage jobs scarce and the minimum wage artificially depressed because of the availability of illegal immigrants working for even less. However, the Arizona approach is punitive. A far better approach would be to target illegal immigrants who are working, not seeking work on the roadside but fully employed. Workplace sweeps are very effective at detecting employed illegal immigrants. However, the consequences of these sweeps need to extend beyond the workers themselves. Companies that employee illegal workers at illegally low wages and often in unsafe working conditions need to be fined significant amounts to discourage this practice. This approach would reduce the abuse of illegal immigrants while also making illegal alien status less appealing. Most importantly, it would improve the working conditions and wages of working class Americans legally employed. References Arizona Senate. (2010). Senate Bill 1070, An Act Relating to Unlawfully Present Aliens. Retrieved from http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf. “Boycott Intolerance”. Retrieved from http://www.boycottintolerance.org/. CNN Wire Staff. (July 28, 2010). “Legal battle looms over Arizona immigration law”. Retrieved from http://www.cnn.com/2010/US/07/28/arizona.immigration.law/index.html?hpt=T2. National Council of La Raza (NCLR). Retrieved from http://www.nclr.org/. National Council of La Raza (NCLR). “Arizona sb 1070”. Retrieved from http://www.nclr.org/index.php/issues_and_programs/immigration/state_local_immigration_initiatives/arizonas_sb_1070/. U.S. Code. Title 8 > Chapter 12 > Subchapter II > Part VII > § 1302, “Registration of Aliens”. Retrieved from http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001302----000-.html. Read More