Saturday, May 1, 2010

Proposed Amendments to Arizona Immigration Law SB 1070

The Arizona House of Representatives has proposed amendments to the controversial Arizona Immigration Law SB 1070 signed just last week.

Arizona HB 2162 (NOW: immigration; border security) would amend SB 1070 as follows:

  • Changes “lawful contact” to “lawful stop, detention or arrest.” Picture 6  
  • Stipulates that a lawful stop, detention or arrest must be in the enforcement of any other law or ordinance of a county, city or town or this state.
  • Stipulates that a reasonable attempt must be made, when practicable, to determine the immigration status of a person, except if the determination may hinder or obstruct an investigation when reasonable suspicion exists that the person is an alien and is unlawfully present in the U.S.
  • Removes “solely” from the provision relating the prohibition on discriminatory enforcement.
  • Stipulates that for the Enforcement of Immigration Law, Unlawfully Picking up Passengers for Work and Unlawfully Transporting or Harboring Unlawful Aliens the immigration status may be determined by:
  •  A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.
  •  ICE or CBP pursuant to 8 U.S.C. § 1373(c).
  •  Specifies that 8 U.S.C § 1373 and 8 U.S.C § 1644 are included in the federal immigration laws relating to challenges regarding policies adopted or implemented by an entity.
  • Stipulates that for the enforcement of Willful Failure to Complete or Carry an Alien Registration Document, Unlawfully Picking up Passengers for Work and Unlawfully Transporting or Harboring Unlawful Aliens a law enforcement official or agency cannot consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.

The proposed amendments address some of the equal protection and fourth amendment challenges in the complaints filed in federal district court which we discussed here and here, but do not substantially change the preemption arguments also made in the complaint which we discussed here.  Our original post is here with update here.

Arizona Republic story on the proposal here.

{Update: Arizona immigration statute partially enjoined; here}

RR

http://lawprofessors.typepad.com/conlaw/2010/05/proposed-amendments-to-arizona-immigration-law-sb-1070-.html

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Comments

I think this "patch" makes the law less egregious and much, much more difficult to overturn.

Posted by: Darren | May 2, 2010 7:25:24 PM

The law was not "egregious" to begin with, but this patch is a sensible way to clarify the intent of the lawmakers. It should mollify just about everyone.

Posted by: Philip Reavis | May 8, 2010 8:37:34 PM

Only a few people of the American Public, have any idea or experience of what is happening to the city of Phoenix and other Arizona communites along the Mexico border. This area has been the Main highway for illegals entering the United States for the past two decades. These people are desperate and poor. They are hungry. They are looking for anyway possible to meet their most minimumal way of surveying. Hundereds of thousands have not been able to get any further north. They are stuck and doing anything to survey in the south arizona communites. This has become a major staging area for illegals trying to enter the United States and move further north. Yes, this is a sad condition. It definitely puts our ideas of humanitarian to the test. Should we help? Should we condon the Arizona governor in trying to put an end to the envasion of her state? Think about it? ! ? ! ? ! ?. These illegals will definitly take the jobs that are unemployed americans should be working on. They over taxi the infrastructue of our country. They do not pay tax's nor believe in paying taxes. They will use our medical services, our parks, schools, librarys, highways etc. So how much longer can the american citizens tolerate this abuse of our lives and our country?.
I am a native of New Mexico, and have spent most of my life working and living in the southwest. More than 45 percent of the population in the southwestern United Stated is Hispanic or Hispanic related. I am sure as a general laymen of this area that I or my family and friends of this area can tell who is American raised and legal verse who is not. I does not take a DNA test, blood test, psycho analysis to identify who does have a legal permit to be in our country.

I am sure that the Law enforcement enities of Arizona, and all the other Southwestern states are maned with a high percentage of hispanic decent employees. I will overall, trust that they know who should be questioned, concerning their legal rights in our country. I am not pleased that occasionally a hispanic american resident maybe asked to show his/her proof of legal citizenship. My hispanic family members and hispanic friends will not complain concerning proof of american citizen. My hispanice family and friends believe that illegals should be returned to their country of orgin. Let them enter through the legal process.

So if you do not believe that our country is over run with illegal people; if you think the Arizona governor is acting too strong; Then I hope you have a better idea on what action should we take to stop this problem.
Myself and my associates will be happy to hear your better idea.
Charles J. Hill San Diego, Ca.

Posted by: Charles J. Hill | May 12, 2010 1:20:18 PM

What I don't understand is the argument about the SB1070 that it leads to racial profiling just by asking a person for legal identification. An official drivers license, social security card, green card or any other legal document to establish legal presence on the premises. When someone, anyone, loitering around a convenience store and a cop shows up, he asked, "what are you doing there and do you have an ID?" Now remember, he's not being stop for traffic violation. No reason to suspect he's commited any crime. But he was asked to produce an ID. Is this racial profiling? Now the SB1070 specifically states that a violation of law has to be committed before a stop can be made and the offender question. So if these illegal aliens keep their noses clean and not break any law, they can probably continue to suck up the Arizona benefits the rest of their lives and not worry about deportation, jail, fines or pay taxes to the federal government. Not that I condone this act but I don't understand the hoop-la. Another thing, I've heard comments that illegal aliens are not Criminals. It is against the law to come to this country illegally. In this country it is a crime to break any lawful law. So if one commits a crime, one is a Criminal.

Posted by: Juan San Nicolas | May 17, 2010 5:57:21 PM

I can't believe the ignorance of people theses days.Yes, illegal immagrants do pay taxes, when have you ever heard a store clerk say "oh, your illegal you dont have to pay the taxes on the food you just bought." Never. What I dont understand is that we want all their cheap labor that they have to offer to pick our produce, we live in the houses they build and we let them watch our kids yet we dont want them to educate their kids or get health care when they get sick. We want, we take, we exploit but we dont want to give anything back. Here in the united states we are all immigrants, unless your native american you weren't here first. At least theses illegal immagrants are willing to WORK for money, food or clothes;I never see them begging on the street for charity like some people. People need to stop blaming the tip of the ice burg and start looking at the base of the problem. Huge companies are loving this constant flow of immigrants because they dont have to pay them a reasonable amount and if a worker gets deported they know there is another that worked so hard to get across the border that he'll really want that pathetic job with that pathetic pay. They are NOT stealing our jobs, would you want to work in the scorchuing sun picking fruit,no you wouldnt, but were totally ok with eating what they pick. Finally, to come into this country llegally takes much more than ten years and the process is extremely expensive. Next time you want to bash someone about our 'problem' blame the big campanies who employ illegals and encourage more to come. We should all reasearch both sides of an issue before attcking the unreal source of our 'problem'.

Posted by: ms.passionate about arizona law | May 18, 2010 4:32:44 PM

To the above commenter, illegal immigrants don't pay property taxes until they buy a house, and they never pay income taxes as they don't have social security numbers. The largest source of income for the government is the income tax. If an illegal immigrant uses public schools, goes on welfare, uses public transportation, gets sent to prison, gets a grant for school, or uses any of the government's money at all, they will be handed it mostly for free. So, yes, we're giving most of them "things back" but in return we are being given a generation of people who feel disdain and lack of respect for the US and its laws.

And yes, they take our jobs. When I was in high school I had a hard time being hired by anyone because so many illegal immigrants were already hired that most places didn't have a need for me. I have nothing wrong with companies hiring cheap labor, and I agree that Americans should be willing to work for less without complaint, but I think you've been misinformed on a lot of your points.

Finally, I value immigrants and don't bash them. It isn't their fault they're looking for a better life, and they deserve a chance. But we should make that possible legally, through work programs, asylum programs, and so on. My mother immigrated here herself after fourteen years of waiting. I bash the government whose job it is to make our borders respected, as they've completely ignored the problem and not tried to come up with a better solution. I bash the entire system for not collecting the same percentage of money that the rest of us pay from such a huge portion of people. It really isn't fair.

Posted by: Arucard | Jun 22, 2010 6:34:19 PM

We (as a country) have given lip service to so called "immigration reform" for decades. Yet our borders (North,South East and West) are as porous as ever. I am personally not too concerned about people coming into the U.S. for purposes that are legitimate and moral (by OUR standards, not theirs!). What I am concerned about is the illegal trafficking of people, drugs, arms and other tools of hatred, malfeasance and corruption.
I do not believe that a policy of "wait until they commit a crime" before arresting them. No, I believe a pro-active approach is required.
Now, let's face it. Most criminals from South of our borders, look like people of Mexican heritage. Just as most criminals from the North appear anglo-saxon. And most criminals from the Middle East have distinctive physical appearances. Is it racial profiling when we look at a person who appears to be doing something wrong, and has physical attributes matching those of a race of people who conduct the majority of crimes against our nation's people? Of course it is! But, what I say is "DEAL WITH IT". It's not your fault you might look this or that way, any more than it's mine... but, it is a matter of reality. So, let's deal with the REALITY of the situation, rather than some stupid Politically Correct fiction. If it looks like a horse, if it runs like a horse, then it's probably a horse.

Posted by: Tony | Jul 28, 2010 6:44:09 AM

ms.passionate ---many illegal immigrants use fake or stolen ss #'s in order to be able to work, which means they DO pay income taxes. Right or wrong, they still pay taxes. Know your argument ....

Posted by: pplrsostupid | Dec 12, 2010 5:36:43 PM

i am venezuelan and let me tell ya'll that ya'll are very ignorant i lived as a little kid in my country and i always saw USA man using women, exploting the weak. United States is how it is for its citizens i bet your ancesters weren't from USA don't forget it was the Mexicans and Indians who owned this before yall came with dissease and cows and horses.. Before time people have been immagrating here first it was the Jews and USA had an issue about that them it was The Chinese now is Mexicans how about you worry about your own heritage because let me tell you a small percentage of latinos are criminals but the truth is because yall make us that way. Don't forget while we transport drugs ya'll buy them. I know more US citizens man that do illegal and stupid things them actuall latinos. Good hard working people who are now scared to go in the streets everybody gets tickets its hard in this country but thats not the reason to send them back just because they dont appear in the goverment database I wonder how many Criminals haved escaped to mexico, central america, Ya'll love to make war but don't know how to say sorry. You should learn from your past mistakes.

Posted by: ageuclid | Apr 18, 2011 2:54:24 PM

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