Arizona Bill Cracks Down on Illegal Immigration

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Arizona Bill Cracks Down on Illegal Immigration

Frustrated with the federal government’s failure to secure the border and combat illegal immigration, Arizona lawmakers passed one of the toughest immigration enforcement laws in the nation last week. Entitled the “Support Our Law Enforcement and Safe Neighborhoods Act,” SB 1070 passed the Arizona House on a 35-21 party-line vote last Tuesday after clearing the Senate in February. (<A href="http://www.foxnews.com/politics/2010/04/14/arizona-legislature-prepares-immigration-enforcement-governors-signature/">FOX News, April 14, 2010). Governor Jan Brewer, who has argued for stringent immigration laws, is expected to sign the bill into law. (The Wall Street Journal, April 14, 2010).

SB 1070 gives Arizona law enforcement important tools to help fight illegal immigration. During lawful contact between an officer and an individual, the bill directs state and local officers to inquire into the immigration status of anyone who they reasonably suspect is in the country illegally. Under current law, officers can only inquire about someone’s immigration status if the person is suspected of another crime. (Los Angeles Times, April 13, 2010). Additionally, foreign nationals who fail to comply with federal laws that require them to carry proof of legal residency will be guilty of a state misdemeanor. (The Wall Street Journal, April 14, 2010). Arizona is the first state to make it a crime not to carry such documents. The bill also:

• Allows law enforcement officers to arrest aliens unable to provide documents showing they’re legally in the U.S.
• Prohibits local police agencies from adopting “sanctuary” policies that prevent law enforcement officers from checking the immigration status of people they stop or arrest.
• Makes it unlawful for a day laborer to solicit work in a public place.
• Prohibits would-be employers from blocking traffic when hiring laborers.
• Allows citizens to sue police agencies who do not comply with the law and government agencies that adopt policies that hinder the enforcement of immigration laws.
• Make it illegal for people to transport illegal aliens if the driver knows or recklessly disregards that the passengers are here illegally.

Amnesty forces are enraged by the new law, which they claim is fueled by “anti-immigrant hysteria.” (AZFamily News, April 13, 2010). Some went even further in their criticism, relying on hollow cries of racism to attack the enforcement measure. Chris Newman, legal director of the National Day Laborer Organizing Network, said, “Arizona has long been a laboratory for anti-immigrant experimentation, and its demagogue leaders have become folk heroes for white supremacists throughout the United States.” (The Associated Press, April 14, 2010).

However, Arizona State Senator Russell Pearce (R-Mesa), the bill’s sponsor, counters that law-abiding immigrants are not his target, “It’s the drug cartels, gang members.” Id. Arizona is directly in the crossfire of the violent drug wars waging in Mexico and the state is the most popular point of entry for illegal aliens who come into the United States. (Los Angeles Times, April 13, 2010). Rep. John Kavanagh (R-Fountain Hills), a co-sponsor of the bill, stated, “Illegal immigration brings crime, kidnapping, drugs – drains our government services. Nobody can stand on the sidelines and not take part in this battle.” Id. Kavanagh said the legislation “gives our local police officers the tools they need to combat illegal immigration, while protecting the civil rights of citizens and legal residents.” (The Wall Street Journal, April 14, 2010). The legislation is especially timely in light of the escalating violence along Arizona’s border with Mexico and the recent gunning down of a rancher and his dog by a suspected illegal alien. (See FAIR’s Legislative Update, April 12, 2010; Legislative Update, April 5, 2010).

Perhaps the most outrageous claim amnesty advocates have made about SB 1070 is that it “mandates racial profiling of Latinos.” (Los Angeles Times, April 13, 2010). Pearce, a former cop known as a true immigration reformer, has heard this accusation before, and explains that the bill explicitly states officers “may not solely consider race, color or national origin” in forming a reasonable suspicion. (Arizona SB 1070). “You have to have lawful contact, reason to believe, and then can only arrest based on probable cause,” says Pearce. (AZFamily News, April 13, 2010). The bill simply “takes the handcuffs off of law enforcement and lets them do their job.” (Los Angeles Times, April 13, 2010). Police agencies are split over the bill; the Arizona Association of Chiefs of Police – made up of police chiefs who are politically appointed – is against it, while police unions support it. (KPHO Phoenix, April 15, 2010). Maricopa County Sheriff Joe Arpaio, known for his aggressive enforcement of immigration laws, supports it, “Anybody we come across that is here illegally, pursuant to this new law especially, they’re going to jail.” Id.

The American Civil Liberties Union (ACLU) and other groups have already pledged to sue to block the bill from taking effect if Governor Brewer signs it into law. (Los Angeles Times, April 13, 2010). According to these special interest groups, only the federal government has the authority to enforce immigration laws. Id. But these arguments ignore the fact that other state laws (with which FAIR and its legal affiliate IRLI have assisted), including Arizona’s 2008 law mandating the use of E-Verify, have withstood legal scrutiny. Through the enactment of this legislation, Arizona lawmakers are sending a clear message that they will not wait any longer for the federal government to take action. Speaker of the Arizona House Kirk Adams observed, “This is not a comprehensive solution. That’s not going to occur until the federal government takes up its responsibility to protect Arizona. But that doesn’t mean we should wait until then.” (The New York Times, April 14, 2010).

[sjr09 155]

Arizona Bill Cracks Down on Illegal Immigration

Frustrated with the federal government's failure to secure the border and combat illegal immigration, Arizona lawmakers passed one of the toughest immigration enforcement laws in the nation last week. Entitled the "Support Our Law Enforcement and Safe Neighborhoods Act," SB 1070 passed the Arizona House on a 35-21 party-line vote last Tuesday after clearing the Senate in February. (<A href="http://www.foxnews.com/politics/2010/04/14/arizona-legislature-prepares-immigration-enforcement-governors-signature/">FOX News, April 14, 2010). Governor Jan Brewer, who has argued for stringent immigration laws, is expected to sign the bill into law. (The Wall Street Journal, April 14, 2010).

SB 1070 gives Arizona law enforcement important tools to help fight illegal immigration. During lawful contact between an officer and an individual, the bill directs state and local officers to inquire into the immigration status of anyone who they reasonably suspect is in the country illegally. Under current law, officers can only inquire about someone's immigration status if the person is suspected of another crime. (Los Angeles Times, April 13, 2010). Additionally, foreign nationals who fail to comply with federal laws that require them to carry proof of legal residency will be guilty of a state misdemeanor. (The Wall Street Journal, April 14, 2010). Arizona is the first state to make it a crime not to carry such documents. The bill also:

• Allows law enforcement officers to arrest aliens unable to provide documents showing they're legally in the U.S.
• Prohibits local police agencies from adopting "sanctuary" policies that prevent law enforcement officers from checking the immigration status of people they stop or arrest.
• Makes it unlawful for a day laborer to solicit work in a public place.
• Prohibits would-be employers from blocking traffic when hiring laborers.
• Allows citizens to sue police agencies who do not comply with the law and government agencies that adopt policies that hinder the enforcement of immigration laws.
• Make it illegal for people to transport illegal aliens if the driver knows or recklessly disregards that the passengers are here illegally.

Amnesty forces are enraged by the new law, which they claim is fueled by "anti-immigrant hysteria." (AZFamily News, April 13, 2010). Some went even further in their criticism, relying on hollow cries of racism to attack the enforcement measure. Chris Newman, legal director of the National Day Laborer Organizing Network, said, "Arizona has long been a laboratory for anti-immigrant experimentation, and its demagogue leaders have become folk heroes for white supremacists throughout the United States." (The Associated Press, April 14, 2010).

However, Arizona State Senator Russell Pearce (R-Mesa), the bill's sponsor, counters that law-abiding immigrants are not his target, "It's the drug cartels, gang members." Id. Arizona is directly in the crossfire of the violent drug wars waging in Mexico and the state is the most popular point of entry for illegal aliens who come into the United States. (Los Angeles Times, April 13, 2010). Rep. John Kavanagh (R-Fountain Hills), a co-sponsor of the bill, stated, "Illegal immigration brings crime, kidnapping, drugs – drains our government services. Nobody can stand on the sidelines and not take part in this battle." Id. Kavanagh said the legislation "gives our local police officers the tools they need to combat illegal immigration, while protecting the civil rights of citizens and legal residents." (The Wall Street Journal, April 14, 2010). The legislation is especially timely in light of the escalating violence along Arizona's border with Mexico and the recent gunning down of a rancher and his dog by a suspected illegal alien. (See FAIR's Legislative Update, April 12, 2010; Legislative Update, April 5, 2010).

Perhaps the most outrageous claim amnesty advocates have made about SB 1070 is that it "mandates racial profiling of Latinos." (Los Angeles Times, April 13, 2010). Pearce, a former cop known as a true immigration reformer, has heard this accusation before, and explains that the bill explicitly states officers "may not solely consider race, color or national origin" in forming a reasonable suspicion. (Arizona SB 1070). "You have to have lawful contact, reason to believe, and then can only arrest based on probable cause," says Pearce. (AZFamily News, April 13, 2010). The bill simply "takes the handcuffs off of law enforcement and lets them do their job." (Los Angeles Times, April 13, 2010). Police agencies are split over the bill; the Arizona Association of Chiefs of Police – made up of police chiefs who are politically appointed – is against it, while police unions support it. (KPHO Phoenix, April 15, 2010). Maricopa County Sheriff Joe Arpaio, known for his aggressive enforcement of immigration laws, supports it, "Anybody we come across that is here illegally, pursuant to this new law especially, they're going to jail." Id.

The American Civil Liberties Union (ACLU) and other groups have already pledged to sue to block the bill from taking effect if Governor Brewer signs it into law. (Los Angeles Times, April 13, 2010). According to these special interest groups, only the federal government has the authority to enforce immigration laws. Id. But these arguments ignore the fact that other state laws (with which FAIR and its legal affiliate IRLI have assisted), including Arizona's 2008 law mandating the use of E-Verify, have withstood legal scrutiny. Through the enactment of this legislation, Arizona lawmakers are sending a clear message that they will not wait any longer for the federal government to take action. Speaker of the Arizona House Kirk Adams observed, "This is not a comprehensive solution. That's not going to occur until the federal government takes up its responsibility to protect Arizona. But that doesn't mean we should wait until then." (The New York Times, April 14, 2010).

Illegal Immigrant Suspected in Murder of Arizona Rancher

Robert Krentz was known among fellow ranchers as a good Samaritan who often helped injured illegal immigrants trying to cross the boiling desert border into Arizona. But the 58-year-old was gunned down along with his dog while tending to his ranch Saturday morning, and police suspect an illegal immigrant was to blame.

http://www.foxnews.com/us/2010/03/30/illegal-immigrant-suspected-murder-arizona-rancher/

[Peikko 1,575]

additionally, foreign nationals who fail to comply with federal laws that require them to carry proof of legal residency will be guilty of a state misdemeanor. (The Wall Street Journal, April 14, 2010). Arizona is the first state to make it a crime not to carry such documents. The bill also:

What's a state 'misdemeanor' and how would that actually effect, say a tourist who doesn't comply? Arizona can do whatever it likes, I'm just curious as to what this might mean for genuine tourists and legal residents.

[SMOKE 1,426]

What's a state 'misdemeanor' and how would that actually effect, say a tourist who doesn't comply? Arizona can do whatever it likes, I'm just curious as to what this might mean for genuine tourists and legal residents.

you can face jail and up to $2,500 in fines, and if arrested, you'll be reported to the U.S. Immigration bureau immediately.

http://open.salon.com/blog/saturn_smith/2010/04/15/arizona_passes_nations_toughest_immigration_bill

http://www.azleg.gov/legtext/49leg/2r/bills/sb1070h.pdf

[w¡n9Nµ7 §£@¥€r 123]

... the bill explicitly states officers “may not solely consider race, color or national origin” in forming a reasonable suspicion. “You have to have lawful contact, reason to believe, and then can only arrest based on probable cause,” says Pearce.

Not solely? Great.

Most cops are diсks, giving them more power is insane.

[SMOKE 1,426]

Not solely? Great.

Most cops are diсks, giving them more power is insane.

i have a feeling, there is going to be a rash of traffic violations in arizona.

[w¡n9Nµ7 §£@¥€r 123]

I'd have no problem with this law if I didn't have such a poor opinion of the po-po. Most cops are washed out jocks and wannabe bullies.

[The_Dude 1,142]

This is actually a hindrance to law enforcement. Police rely on information from people, if they are worried about the police arresting them over their immigration status, you will see fewer convictions for crimes.

This will have an adverse effect with any hispanic community. They have essentially made it a criminal offense to be hispanic and not have identification on you, regardless of immigration status.

[w¡n9Nµ7 §£@¥€r 123]

This is actually a hindrance to law enforcement. Police rely on information from people, if they are worried about the police arresting them over their immigration status, you will see fewer convictions for crimes.

This will have an adverse effect with any hispanic community. They have essentially made it a criminal offense to be hispanic and not have identification on you, regardless of immigration status.

They've made it a criminal offense to have any look at all other than the one the cop approves of. You don't have to be hispanic, you can be from anywhere but here and catch the po-po in a bad mood. I'm brown but was born here, what's to stop some dickhead po-po from alleging I'm an alien and demanding I produce my immigration papers? Lock me up while they verify? That's messed up.

[The_Dude 1,142]

They've made it a criminal offense to have any look at all other than the one the cop approves of. You don't have to be hispanic, you can be from anywhere but here and catch the po-po in a bad mood. I'm brown but was born here, what's to stop some dickhead po-po from alleging I'm an alien and demanding I produce my immigration papers? Lock me up while they verify? That's messed up.

You live in Jersey, they notoriously have the biggest d!ckhead cops there.

So I will ammend what I said initially. They have in essence, criminalized being not-white, having an accent, and not carrying proper identification to prove otherwise.

[w¡n9Nµ7 §£@¥€r 123]

You live in Jersey, they notoriously have the biggest d!ckhead cops there.

The oinkers who troll I-95 in Virginia are way worse.

[Usui Takumi 1,562]

Yes a very bad law, it does have two good parts to it:

Prohibits local police agencies from adopting "sanctuary" policies that prevent law enforcement officers from checking the immigration status of people they stop or arrest.

and

Make it illegal for people to transport illegal aliens if the driver knows or recklessly disregards that the passengers are here illegally

You take those two and add a 20,000 dollar fine for employers who hire an illegal and you have a rock solid immigration policy for the entire country.

[Usui Takumi 1,562]

They've made it a criminal offense to have any look at all other than the one the cop approves of. You don't have to be hispanic, you can be from anywhere but here and catch the po-po in a bad mood. I'm brown but was born here, what's to stop some dickhead po-po from alleging I'm an alien and demanding I produce my immigration papers? Lock me up while they verify? That's messed up.

Yes, imagine......it means most people will have to carry a birth certificate around with them....and given the birther movement you can expect people to think they are fake.

[SMOKE 1,426]

So I will ammend what I said initially. They have in essence, criminalized being not-white, having an accent, and not carrying proper identification to prove otherwise.

can you point out where the legislation states the bold print? it does do the non bold print.

[w¡n9Nµ7 §£@¥€r 123]

So if the guy who spread the mulch in front of my unit last week collapsed and starting bleeding out of his ears and if I gave him a ride to the ER, but didn't ask him for his green card first, am I "recklessly disregarding" the fact that he is very likely illegal?