Examining Arizona's Immigration Law SB-1070
Many critics of Arizona's new law claim it is racist and unconstitutional on the grounds that it promotes racial profiling. For reference the law can be found at: www.azleg.gov/legtext/49leg/2r/bills/sb1070h.htm on the State's website.
So what does this law really mean? And does it violate the civil rights of individuals living in that state? Let's examine the law itself a bit closer now.
Many opponents of this law say that police will violate the civil rights of both legal and illegal immigrants. The law itself states that there must first be lawful contact with the suspected illegal; i.e. they are suspected in a theft or vandalism or are implicated in some other crime. Local police will now have the right to check someone's immigration status if there is reasonable suspicion that they are not here legally. If the person in question is found to be an illegal immigrant they must immediately be handed over to federal authorities after facing any criminal charges before them. (AZ SB-1070 page 2, lines 20 through 31)
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON'S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.Another claim that has been made is that if you are caught with an illegal in your car you will go to jail and lose your car. The law states that there must be intent, with the purpose of human smuggling. (AZ SB-1070 page 4, lines 3 through 4)
3 A. It is unlawful for a person to intentionally engage in the
4 smuggling of human beings for profit or commercial purpose.
The law goes on to further penalize wrongdoers if the people being smuggled are under the age of eighteen or being forced by the threat of violence. (AZ SB-1070 page 4, lines 5 through 17)
5 B. A violation of this section is a class 4 felony.
6 C. Notwithstanding subsection B of this section, a violation of this
8 1. Is a class 2 felony if the human being who is smuggled is under
9 eighteen years of age and is not accompanied by a family member over eighteen
10 years of age or the offense involved the use of a deadly weapon or dangerous
12 2. Is a class 3 felony if the offense involves the use or threatened
13 use of deadly physical force and the person is not eligible for suspension of
14 sentence, probation, pardon or release from confinement on any other basis
15 except pursuant to section 31-233, subsection A or B until the sentence
16 imposed by the court is served, the person is eligible for release pursuant
17 to section 41-1604.07 or the sentence is commuted.
The law does make it unlawful to transport an illegal if you already know they are illegal and intend to remain here unlawfully. It also makes it illegal to harbor someone knowingly, illegally. Basically, the law states that you are only breaking the law if you know you are breaking the law and doing so intentionally, while committing another offense already. The law does not give police the right to seize your vehicle, only to impound it. (AZ SB-1070 page 5, lines 29 through 45)
29 A. IT IS UNLAWFUL FOR A PERSON WHO IS IN VIOLATION OF A CRIMINAL
30 OFFENSE TO:
31 1. TRANSPORT OR MOVE OR ATTEMPT TO TRANSPORT OR MOVE AN ALIEN IN THIS
32 STATE IN A MEANS OF TRANSPORTATION IF THE PERSON KNOWS OR RECKLESSLY
33 DISREGARDS THE FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE
34 UNITED STATES IN VIOLATION OF LAW.
35 2. CONCEAL, HARBOR OR SHIELD OR ATTEMPT TO CONCEAL, HARBOR OR SHIELD
36 AN ALIEN FROM DETECTION IN ANY PLACE IN THIS STATE, INCLUDING ANY BUILDING OR
37 ANY MEANS OF TRANSPORTATION, IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE
38 FACT THAT THE ALIEN HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES
39 IN VIOLATION OF LAW.
40 3. ENCOURAGE OR INDUCE AN ALIEN TO COME TO OR RESIDE IN THIS STATE IF
41 THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT SUCH COMING TO,
42 ENTERING OR RESIDING IN THIS STATE IS OR WILL BE IN VIOLATION OF LAW.
43 B. A MEANS OF TRANSPORTATION THAT IS USED IN THE COMMISSION OF A
44 VIOLATION OF THIS SECTION IS SUBJECT TO MANDATORY VEHICLE IMMOBILIZATION OR
45 IMPOUNDMENT PURSUANT TO SECTION 28-3511.
How does the law affect potential employers of illegal immigrants? Again the law requires foreknowledge of guilt by the party in question. There are steps prescribed to curb the hiring of illegals such as using federal databases such as e-verify. If an employer is found to be in violation of this law they have 72 hours to terminate the illegal workers. This is followed by a probationary period and stiffer penalties for repeat offenses. (AZ SB-1070 page , lines 11 through 16)
11 A. An employer shall not knowingly employ an unauthorized alien. If,
12 in the case when an employer uses a contract, subcontract or other
13 independent contractor agreement to obtain the labor of an alien in this
14 state, the employer knowingly contracts with an unauthorized alien or with a
15 person who employs or contracts with an unauthorized alien to perform the
16 labor, the employer violates this subsection.
Any claims made on the basis of race, color or origin will be dismissed according to the law. The law also tries to protect legal immigrants from frivolous complaints, making them illegal now. (AZ SB-1070 page 6, lines 28 through 43)
28 The attorney general or county
29 attorney shall not investigate complaints that are based solely on race,
30 color or national origin. A complaint that is submitted to a county attorney
31 shall be submitted to the county attorney in the county in which the alleged
32 unauthorized alien is or was employed by the employer. The county sheriff or
33 any other local law enforcement agency may assist in investigating a
34 complaint. When investigating a complaint, the attorney general or county
35 attorney shall verify the work authorization of the alleged unauthorized
36 alien with the federal government pursuant to 8 United States Code section
37 1373(c). A state, county or local official shall not attempt to
38 independently make a final determination on whether an alien is authorized to
39 work in the United States. An alien's immigration status or work
40 authorization status shall be verified with the federal government pursuant
41 to 8 United States Code section 1373(c). A person who knowingly files a
42 false and frivolous complaint under this subsection is guilty of a class 3
The remainder of the bill repeats word-for-word, prior sections of itself using the abbreviations that are described in earlier portions. Please take the time to read the bill yourself and make your own assertions about it. Don’t listen to what some politically motivated dolt on TV has to say about this issue. Get the facts, then please leave a respectful comment with your thoughts and insights.