Brand New Arizona Immigration Law Drawing Outrage

State of arizona Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (also referred to as Arizona Senate Bill 1070 or SB 1070) on April 23, 2010. The law deals with immigration control and regulation, traditionally a federal duty. The fresh new law goes into effect on July 29, 2010.

SB 1070 makes Arizona the first state to need that all aliensto hold immigration paperwork always. Immigrants who can't generate correct docs will likely be charged having a misdemeanor.

SB 1070 calls for police force officers to figure out the immigration status of an individual throughout any investigation as lengthy as police have "fair suspicion" that the individual is living within the nation illegally. Previously passage of this law, a person's immigration status was examined only after they had been charged having a law-breaking. "Reasonable suspicion" is really a subjective judgment that's not clearly described in the law.

Some other provisions of the completely new law allow it to be a misdemeanor to pick up an individual on any Arizona highway with intentions to employ or carry all of them. Illegal residents who submit an application for work can also be accused with a misdemeanor. The law also declares that residents of Arizona can file suit the state government if SB 1070 isn't being properly enforced.

Criticisms: Constitutional Rights and Racial Profiling

Article I, Section 1st of the Constitution vests all legislative powers given to the federal government within the U.S. Congress. In particular, Write-up I, Section 8 grants to Congress the power to establish a uniform rule of naturalization, and sole power to regulate trade with overseas nations, and one of the numerous states, together with Indian tribes.

The Commerce Clause been specifically employed as a automobile to retain legislation barring racial discrimination. In Heart of Atlanta Motel v. United States, 379 U.S. 241 (1964), the Supreme Court sustained the Civil Rights Act of 1964 as placed to a motel that was prohibited from discrimination under that Act. The Court reasoned that Congress could discover that discrimination at consuming and sleeping facilities has a large and undesirable effect upon highway trade. Many state laws affecting civil rights were kept in breach of the Commerce Clause.

In addition, critics of SB1070 are worried with constitutional infringements along with other difficulties legislation may possibly cause. The the same protection clause of the 14th Amendment of the U.S. Constitution gives that: "No state shall ... deny to any person within its jurisdiction the equivalent protection of the laws."

With out a specific explanation of "reasonable suspicion" concerning a person's USA immigration status, there's potential for widespread racial profiling by a police officers in a state where 30 percent of the human population is without a doubt Hispanic. Governor Brewer answered to such complaint by ensuring correct teaching for police and claiming that racial profiling won't be tolerated. Brewer says that "We have to trust our law enforcement."

Some other concerns with the new law consist of overcrowded jails along with the high cost of lawsuits over whether or not SB 1070 violates the rights of suspects. Some immigrants might hesitate to make contact with the police or authorities as a victim or witness of a crime for fear of being prosecuted or deported.

When asked why Arizona requirements to manage a federally controlled problem, Governor Brewer claims the federal government has not completed sufficient promoting US immigration reform.