Sb 1070 Immigration Law

This law was sending a very strong message to all of the illegal aliens living in Arizona. The SB-1070 was written deliberately with aggressive measures intended to promote to the estimated 460,000 illegal aliens to go home (About, 2011). The issue with some parts of the bill was that it was racially profiling, and it promoted discrimination against mainly immigrants. The federal judge also stopped the section of the law that made it a crime for any for any foreign resident living in the state of Arizona to carry immigration paperwork at all times. In addition, the judge also stopped the part where it would make it a crime for any illegal or foreign resident living in the state of Arizona to solicit, perform, or apply for work. This gave illegal aliens living in state of Arizona a big relief to know that those main parts of the bill were stopped, giving them the advantage to continue to move forward with their lives instead of worrying about getting deported.

Currently, one of most debated policy issues in America is immigration. Starting with the Chinese Exclusion Act of 1882, the American government created several immigration laws that sought to put an end to illegal immigration by mandating workplace regulations, employer sanctions, internal enforcement mechanisms, and border security (Nowrasteh 2). According to immigration policy analyst Alexander Nowrasteh at the Center of Global Liberty and Prosperity of the Cato Institute, by the 1990s, legal immigration was essentially impossible to the United States unless the immigrant was highly skilled, had a close American citizen or legal permanent resident relative or friend who could sponsor him or her, or was a refugee. The Arizona immigration laws should be repealed due to damage done to the state’s economy, the benefits of immigrants to the American economic structure, and the societal harm imposed upon citizens.

In this paper I argue that S.B. 1070 should be not be upheld for two reasons. First, in ways that will be explicated below, S.B. 1070 directly conflicts with federal immigration law; thus it is preempted according to the Supremacy Clause of the Constitution. Second, the law is unconstitutional because it allows for discrimination by police officers on the basis of race or national origin. This Note contends that the Ninth Circuit correctly affirmed the decision of the lower court to find S.B. 1070 preempted by federal immigration law; however the Ninth Circuit should have also found that S.B. 1070 is unconstitutional on discriminatory grounds. Part II discusses the evolution of the relevant case law. Part III of the Note illustrates the relevant portions of S.B. 1070 and the District Court’s reasoning in United States v. Arizona. Part IV explains why the Ninth Circuit correctly affirmed the decision that S.B. 1070 is preempted by federal immigration law and expounds how the law is also discriminatory on the basis of national origin against Hispanics. Finally, Part V comments on the possible consequences of S.B. 1070 and the effect of a Supreme Court decision to either affirm or reverse the injunction.

The state of Arizona has issued a new state law which enables police officers to act as immigration officers. With this underestimated powers given to the police, it will cause a lot of problems, and sensitivities to all the legal and illegal immigrants (Cnn.com). Undocumented students residing Arizona will be in a constant fear of being deported since any minor issue such as calling the police for help in any case given can put their lives in the danger of deportation. It’s only a matter of time if the government doesn’t stop this act, Arizona will impose unfair laws for education toward undocumented students. This will only cause chaos, and taking away the validity of the American Dream.

On the 23rd of April 2010, Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, also known as, the Arizona SB 1070. The law is aimed at addressing the essential problem of illegal immigration within the United States, particularly within Arizona. The legislative act sparked much national controversy before, as well as after the act’s signing. The law Arizona law added on to preexisting U.S. federal law that requires all aliens over the age of 14, who remain in the United States more than thirty days to register with the US government, and to carry registered documents with them at all times (“8 U.S. Code § 1304” 2010). Violations of either requirement would result as a federal misdemeanor crime. The act further made it a state misdemeanor crime for an alien to be within Arizona

The summer of 2010 was proven to be an especially historic one for immigration policy in the United States. In late spring 2010, Arizona passed Senate Bill 10701 —an extraordinary law that reflects and has provoked intense reactions by political leaders, commentators, and the public. The bill raises critical issues of race, security, sovereignty, civil rights, state power, and foreign relations. Such issues encompass larger debates about modern immigration law and policy, and are worthy of sustained public commentary and scholarly discourse. The impact of S.B. 1070 on the criminal justice system of Arizona—the duties and powers of Arizona law enforcement and prosecutorial authorities, and the relationship of the state legislation to federal

On April 23rd, 2010, Arizona Governor Jan Brewer signed Senate Bill 1070, “The Support Our Law Enforcement and Safe Neighborhoods Act” which it gives the police authority to check immigration status of any individual. The main intention of SB1070 is to cut down a majority of the illegal immigrants entering the United States by having the immigrants carry immigration papers to prove their identification of their legal status. However, SB1070 had focused more on trying to secure the border resulting into taking the citizens’ constitutional rights while causing uproar with a large amount of controversy. The senate bill 1070 that has been passed is causing racial profiling, unconstitutional acts, and has put the federal government into question

Furthermore, Arizona SB 1070 is a bill signed on April 23, 2010, that requires officers to demand papers proving citizenship or immigration status from people they stop based on “reasonable suspicion” that they are illegally in Arizona (“Frequently”). This legislation clearly allows a person to use racism to justify a crime due to their race, violating basic human rights. After the passing of SB 1070, many families felt obligated to move, causing “upheaval that impacted young people’s academic performance, personal health, and emotional stability” (Lopes 7). Similarly, a counselor at a school in Arizona typically saw 40 to 60 students; however, in the 2012-2011 school year, after the passing of the bill, she worked with around 120 students (Lopes 14). It is evident that the bill mentally ravaged the students in school during this time, causing even young children to panic over issues that should not concern them yet. Additionally, a United States citizen named Yesenia was finishing her freshman year at Arizona State University for journalism, when her parents held visas without work authorizations; after the passing of the SB 1070, she decided to drop out of college to support her family during this time of immense struggle (Lopes 12). A young girl who could have contributed immensely to the journalism world is no longer able to provide her contribution of skilled communication towards a multicultural perspective. Due to profiling, she can no

This writer believes that introduction of the controversial S.B. 1070 was formulated over generations of hate that has been building up from the lack of the federal government to adequately regulate immigration on the southern border of the United States. When Arizona presented the controversial S.B. 1070, this caused many Hispanics across the state to feel “elements of racial profiling, causing fear, confusion, and race-based hostility toward them and their communities” (Campbell, 2011, p 19). However, what many Hispanics do not understand is that the Arizona has been, over time, attempting to pass and also implement other variations of anti-immigration laws, which many have begun to call “e state-sanctioned ethnic-cleansing

In 2010, President Barack Obama and his administration challenged the constitutionality of Arizona’s “Support Our Law Enforcement and Safe Neighborhoods Act” (S.B. 1070). Not only does the case further clarify federal power and jurisdiction over important policy functions, but it also enlightens the citizenry on issues of racial tolerance as well as highlights the Supreme Court’s role as the arbiter of disputes over the power balance between states and the federal government. Arizona governor, Jan Brewer, signed the Act in April of 2010 with intention to block further illegal immigration. “The new law would require law enforcement officials to enforce existing federal immigration laws in the state by checking the immigration status of a

Arizona SB 1070 was passed in 2010 and it “requires police to determine the immigration status of someone arrested or detained when there is “reasonable suspicion” they are not in the U.S. legally.” (“Arizona’s SB 1070”) This SB has had a dramatic increase in racial profiling against Latins, Asian-Americans, and others who are suspected of being foreign based on their physical appearance.  The bill also gives law enforcement the authority to demand papers proving the individual’s citizenship or immigration status.

This program, Bloomberg argues, simply allows law enforcement to continue to do their job since they are going in with a clear idea of who to look for. Furthermore, the Arizona Senate Bill 1070 is a bill that was passed in 2010 and is one of the strictest anti-illegal immigration measures passed in Arizona. The Arizona legislature enacted a version of this law suggesting that the police would have probable cause to question an individual if that person only “appeared” to be an illegal immigrant. Although the law was later amended to refrain from investigations regarding complaints of this practice being based on one’s origin and background, the larger context of this bill makes it clear that Arizona’s legislators are surely willing to use racial profiling as a way of targeting and, in turn, catching undocumented immigrants. Despite being a “helpful practice” to law enforcement when it comes to catching criminals and minimizing crime rate, racial profiling is nonetheless considered to be an act of discrimination, violating both the 4th and 14th amendment.

Arizona SB 1070 also known as the Support Our Law Enforcement and Safe Neighborhoods Act, was signed into law April 2010 as an attempt to regulate immigration at the state level. This bill was passed to support the Legal Arizona Worker Act (LAWA), passed in July 2007. S.B 1070 and LAWA’s main objectives were to drive unauthorized workers from Arizona. Proponents of the bills argued this would provide an abundance of employment room for U.S born citizens. While the bills succeeded in driving out unauthorized workers, they unintentionally damaged their economy and labor market. A report by Bohn, Lafstrom and Raphael found the population of unauthorized immigrants fell by more than 90,000 due to LAWA. However, the same report found that low-skilled white workers experienced a statistically significant drop in employment and likely became unemployed or exited the labor force as a result (Bohn, Lafstrom and Raphael, 2014). There are various explanations to this counter intuition. First, E-Verify mandates by the state were inefficient and costly. Second, increased labor demands in construction and agriculture and were unanswered, leading to deadweight loss. Lastly, the bills assumption of an increase in jobs as a result of deportation was by annulled by the lump labor fallacy.

The Arizona Immigration law is a very tough, harsh law that prevents immigrants from illegally coming into Arizona from Mexico without having a U.S. citizenship. It is good in ways, like how it protects citizens rights and prevents illegal immigrants from getting things for free that they shouldn’t be getting, but it also has cons that bring people against it. It makes all immigrants carry all registration documents with them at all times so then police can check them and question the person if suspicion is brought up. Four other states liked the idea so much that they asked the founder of the law how to make something like it for their states. President Obama even wants there to be a bill like it for the whole United States as well. This law is challenging, but helpful in many ways.

This is a “controversial immigration bill authorizing police officers to stop suspected illegal immigrants and demand proof of citizenship” (The Huffington Post). This is giving the police too much authority and can lead to many other problems such as discrimination against Hispanics.