There has been a raging debate about the Arizona law targeting non citizens. As we strive on informing the public on new developments regarding immigration laws, we will summarize some of the issues below.

Arizona Law SB1070 makes it criminal:

·         To be present in Arizona illegally, to fail to register as an alien and to fail to carry papers to show immigration status as an alien- People who are guilty of such offences can be charged with class 1 misdemeanor for 1^st offense (six months for class 1 misdemeanor) and class 2 felony if in possession of drugs or weapons (five years for class 2 felony), and Class 4 felony if it is a second offense, or if it is within 60 months of the person being deported or accepting voluntary departure (two and one-half years for class four felony).

·         To work or solicit work – People who are found guilty of such offense can be charged with class 1 misdemeanor

·         To transport illegals- Those found guilty of such offense would face Mandatory impoundment and may be charged with class 1 misdemeanor but if transporting 10 or more aliens then they could be charged with class 6 felony and $1000 for each alien involved (one year for class 6 felony)

·         To harbor aliens, invite an alien to come and live in Arizona

·         To not verify employment eligibility through e-verify or keep record of verifications- Employers guilty of such offense may be charged with class 3 felony (three and one-half years for class three felony).

The law does have other elements. It does:

·         Allow private citizens to bring suit to have law enforced and to have their cost and attorney fees reimbursed. Also person charged of violation would pay between $1000 to $5000 for each day the policy was violated after the filing of the suit.

• The law would require the police “when practicable” to detain people they reasonably suspect were in the country without authorization.

• Require anyone detained to be sent to federal detention

• Allow officers to arrest someone without a warrant if they think the person committed public offense making them removable from the U.S.

• Force non citizens, if arrested and charged to pay jail cost of at least $500 for first violation and at least $1,000 for each additional offense.

• Give enforcement agencies subpoena power to investigate employers. Employers will have to have proof that they checked employees eligibility through e-verify, the system that the social security and SAVE have to check eligibility.

• Prohibit officials or agencies of the state and political subdivisions from being prevented or restricted from sending, receiving or maintaining an individual’s immigration status information or exchanging that information with any other governmental entity for the following official purposes:

a)   determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state;

b)   verifying any claim of residence or domicile if that verification is required under state law or a judicial order issued pursuant to a civil or criminal proceeding in the state;

c)   confirming a detainee’s identity; and

d)    if the person is an alien, determining whether the person is in compliance with federal alien registration laws.

• Allow anybody to be stopped and asked for papers

Needless to say that with such extensive law there are many issues to deal with.

·         The federal government has stated that it will keep track of the law as it is implemented but this would only add a bigger burden on a government that is already stretched to the limit.

·         This seriously reeks of racial profiling. The law at first read "A law enforcement official or agency . . . may not solely consider race, color or national origin . . . " in establishing reasonable suspicion that someone is in the country illegally which meant that race and national origins are definitely a factor. The lawmakers changed the wording to remove “solely” but this would not prevent the racial profiling.

·         People will be scared of going to the police for anything even if they are victims of violence

·         The law would be copied by others. Texas, New Mexico and California have talked for years about laws which are very similar to this. Conservative lawmakers in Oklahoma, buoyed by the passage of SB 1070, say they will introduce a similar bill in their state.

·         This seems to be the first foray towards states taking over federal responsibility, what would be next?

·         So problematic that Arizona amended the law already. Afraid that officers will be hiding behind the language of the law as it says “For any lawful contact made by a law enforcement official or agency of this state ... 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.” The lawmakers changed the wording "Lawful Contact" to "stop, detain or arrest".

·         Also clear that Arizona is not going to stop there. Arizona is banning schools from hiring people with accent which are too thick and banning classes promoting solidarity among a given group of people by refusing to fund those schools. The policy bans courses that "are designed primarily for students of a particular ethnic group or advocate ethnic solidarity instead of the treatment of pupils as individuals."

·         The Arizona immigration law is starting a disturbing trend and one that seems to be condoned by the public. A Gallup poll conducted shortly after the passing of the law found that ¾ of Americans were aware of the law and with that 51 percent of those were proponent of the law and 39 percent against it.

The Arizona law makes it clear that there is a pressing need for Immigration reforms to avoid making this country a horrendous place for non citizens.

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