State of Arizona Passes New Immigration Law

Arizona Passes New Immigration Law

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 handles immigration control and regulation, traditionally a federal duty. The new law will go into effect on July 29, 2010.

SB 1070 makes Arizona the first state to require that every aliensto bring immigration records all the time. Immigrants who can not create proper papers will likely be charged with a misdemeanor.

SB 1070 calls for police force officers to establish the immigration status of an individual during any investigation as lengthy as police have "fair suspicion" that the person is living within the united states illegally. Ahead of passage of this law, a person's immigration status was examined only when they were accused with a criminal offense. "Reasonable suspicion" is really a subjective judgment that's not clearly explained in the law.

Other provisions of the brand-new law allow it to become a misdemeanor to get an individual on any Arizona highway with motives to hire or transport these people. Illegal inhabitants who make an application for work will also be charged with a misdemeanor. The law also suggests that citizens of Arizona can sue the state government if SB 1070 isn't being correctly enforced.

Criticisms: Constitutional Rights and Racial Profiling

Article I, Section 1st of the Constitution vests all legislative powers granted for the federal government within the U.S. Congress. Especially, Article I, Section 8 grants to Congress the power to establish a uniform rule of naturalization, and sole power to manage trade with international countries, and one of the a number of states, together with Indian tribes.

The Commerce Clause has also been used as a automobile to keep 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 used to a motel which had been prohibited from discrimination under that Act. The Court reasoned that Congress could discover that discrimination at consuming and sleeping facilities has a considerable and damaging impact upon highway trade. Several state laws affecting civil rights were stuck breach in the Commerce Clause.

Besides that, experts of SB1070 are concerned with constitutional infringements and other difficulties legislation may possibly trigger. The equivalent protection clause of the 14th Amendment of the U.S. Constitution offers that: "No state shall ... deny to any individual within its jurisdiction the the same protection of the laws."

With out a specific definition of "reasonable suspicion" regarding a person's USA immigration status, there is possible for widespread racial profiling by a police officers in a state where 30 % of the people is actually Hispanic. Governor Brewer replied to such critique by guaranteeing appropriate instruction for police and claiming that racial profiling won't be tolerated. Brewer suggests that "We need to trust our law enforcement."

Some other issues with the new law include overcrowded jails and the high price of lawsuits over regardless of whether SB 1070 violates the rights of suspects. Some immigrants may possibly 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 needs to manage a federally controlled concern, Governor Brewer claims the federal government has not completed sufficient in promoting US immigration reform.