Arizona SB 1070: The Most Severe Immigration Law in the Nation.
May 3, 2010
Late last month Arizona Governor Jan Brewer signed Senate Bill 1070 into law. As originally passed, the bill authorized Arizona law enforcement to stop and question anyone reasonably suspected of lacking lawful immigration status. Individuals could have been questioned even if they were not suspected of breaking a state or local law or ordinance. The bill signed into law on April 23, 2010 essentially legalized racial profiling; under the original SB 1070 police would have had little choice but to target individuals based solely on their skin color.
The Lawyers' Committee for Civil Rights Under Law recognizes that SB 1070 poses a threat to our fundamental constitutional protections. The Lawyers' Committee is taking steps to address the serious concerns raised by this law, and is exploring what possible future action to take. For example, before this bill was signed into law, the Lawyers' Committee raised several urgent concerns in an opposition letter sent to Gov. Brewer. The letter may be viewed here.
Perhaps in recognition of the unconstitutional nature of this reprehensible bill, the Arizona State Legislation amended SB 1070 on April 29, 2010. Law enforcement officers must now first demonstrate a pre-existing condition, such as the enforcement of a separate law or ordinance, before questioning someone about their immigration status. Additionally, the amendment states law enforcement is now barred from relying on race as a factor in determining whether to question a person about his or her immigration status.
This amendment does not eliminate the constitutional problems that the Lawyers' Committee identified in its letter to Gov. Brewer. The amendment attempts to portray SB 1070 as somehow relying on a race-neutral approach for determining immigration status. However, SB 1070 fails to articulate how law enforcement is to arrive at a reasonable suspicion of illegal immigration status without using race as a factor. Officers on the street will have to make decisions about the enforcement of this law, and they will almost certainly rely on factors such as skin color, accent, residence, work place, and place of worship.
Many other aspects of SB 1070 are also extremely questionable. For instance, this bill imposes a fine and/or jail time on individuals who fail to carry an alien registration document, such as a Green Card. A person who fails to produce an alien registration document could be subject to a maximum fine of $100.00 and up to 20 days in jail. This means that a person who is legally authorized to be present in the United States may still face jail time for failure to carry the proper paperwork on his or her person at all times.
In addition to the opposition letter sent to Gov. Brewer the Lawyers' Committee also signed on to a Unity Statement in partnership with the National Immigration Law Center and the New Orleans Workers' Center for Racial Justice, and other interested parties. Please view the Unity Statement in its entirety here. The Lawyers' Committee also encourages you view SB 1070 here and its companion amendments here.
The Lawyers' Committee for Civil Rights Under Law remains committed to the repeal of SB 1070 in its entirety and continues to examine the options for achieving this goal.
