Arizona Passes New Immigration Law
Arizona's notorious new immigration law is certain to trigger Constitutional challenges.
June 24, 2010 /24-7PressRelease/ -- Arizona Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (also known as Arizona Senate Bill 1070 or SB 1070) on April 23, 2010. The law addresses immigration control and regulation, traditionally a federal responsibility. The new law will go into effect on July 29, 2010.
SB 1070 makes Arizona the first state to require that all aliens to carry immigration documents at all times. Immigrants who cannot produce proper documents will be charged with a misdemeanor.
SB 1070 requires law enforcement officers to determine the immigration status of a person during any investigation as long as police have "reasonable suspicion" that the person is living in the country illegally. Prior to passage of this law, a person's immigration status was investigated only after they were charged with a crime. "Reasonable suspicion" is a subjective judgment that is not clearly defined in the law.
Other provisions of the new law make it a misdemeanor to pick up a person on any Arizona roadway with intent to employ or transport them. Illegal residents who apply for employment will also be charged with a misdemeanor. The law also states that citizens of Arizona can sue the state government if SB 1070 is not being properly enforced.
Criticisms: Constitutional Rights and Racial Profiling
Article I, Section 1 of the Constitution vests all legislative powers granted to the federal government in the U.S. Congress. Specifically, Article I, Section 8 grants to Congress the power to establish a uniform rule of naturalization, and sole power to regulate commerce with foreign nations, and among the several states, and with Indian tribes.
The Commerce Clause has also been used as a vehicle to sustain legislation prohibiting 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 applied to a motel which was prohibited from discrimination under that Act. The Court reasoned that Congress could find that discrimination at eating and sleeping facilities has a substantial and harmful effect upon interstate commerce. Many state laws affecting civil rights were held in violation of the Commerce Clause.
Additionally, critics of SB1070 are concerned with constitutional infringements and other problems the law may cause. The equal protection clause of the 14th Amendment of the U.S. Constitution provides that: "No state shall ... deny to any person within its jurisdiction the equal protection of the laws."
Without a clear definition of "reasonable suspicion" regarding a person's immigration status, there is potential for widespread racial profiling by a police force in a state where 30 percent of the population is Hispanic. Governor Brewer responded to such criticism by promising proper training for police and claiming that racial profiling will not be tolerated. Brewer advises that "We have to trust our law enforcement."
Other concerns with the new law include overcrowded jails and the high cost of lawsuits over whether SB 1070 violates the rights of suspects. Some immigrants may hesitate to contact 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 regulate a federally controlled issue, Governor Brewer claims the federal government has not done enough to promote immigration reform.
Press Release Contact Information:
Findlaw PR
