Immigration Law:
SB 1070
Yumiko Chavez
SB 1070
1
America is built upon a history of immigration; yet current immigration policy negatively
affects the vulnerable population of immigrants in the state of Arizona with the new established
bill, SB 1070.
Arizona Governor Jan Brewer signed SB 1070 into law on April 23, 2010. The
legislative intent of the bill, set forth in Section 1, states that there is a compelling
interest in the cooperative enforcement of federal immigration laws throughout all
of Arizona, and declares that the intent of the law is to make attrition through
enforcement the public policy of all state and local government agencies in
Arizona. The provisions of the law are intended to work together to discourage
and deter “the unlawful entry and presence of illegal aliens and economic activity
by illegal aliens in the United States (2010, Summary of Arizona SB 1070,
section, para.1).
Various sections of this bill violate human rights within the soil of this country but mainly lead
to racial profiling and discrimination.
Section 2(B) [is] popularly known as “show me your papers,” which requires
police officers to check the immigration status of anyone whom they arrest or
detain and allows them to stop and arrest someone if they believe that he/[she] is
an undocumented immigrant. Section 3, makes it a crime to be in Arizona without
valid immigration papers. Section 5(C), makes it a crime to apply for or hold a job
without proper immigration papers and Section 6, which allows a police officer to
arrest someone, without a warrant, if the officer believes that he/[she] has
committed – at some point in time – a crime that could cause him to be deported
(2012, S.B. 1070: In Plain English, section, para. 4).
Taking into considering section 2(B), Arizona has now broadened police officer rights’ to arrest
any “suspicious” individual by racial profiling. Police officers only have the right to potentially
ask individuals for their legal documentation if an individual has been stopped for an existing
violation of a crime. However, this section of the bill has only been a dull reason to unlawfully
stop undocumented individuals within the state of Arizona. Many police officers find excuses to
stop an individual of color simply to ask for their legal documentation, sometimes without reason
of a violation. SB 1070 states, “A law enforcement official or agency…may not solely consider
race, color or national origin in implementing the requirements of this subsection” (2010,
Arizona’s Immigration Law S.B. 1070- In a Nutshell. Section, para. 6). However, still the
Hispanic race is the population who has suffered the most unreasonable police stops. That being
stated, on June 25, 2012, the Supreme Court of the United States came to the conclusion that S.B.
1070 is a violation towards the Fourth Amendment. The Fourth Amendment specifically
protocols on the reasonableness of search and seizure, which is an amendment that is not being
respected by the state of Arizona. Also, amendment fourteen guarantees equal protection and the
right to due process and again with the establishment of S.B. 1070, this amendment is also being
violated because according to the U.S. Constitution every human, breathing individual in this
country has the right to equal protection (Shantz 14). Arizona is in no way protecting every
individual but rather removing them from the state without due process.
2
In addition, even if officers’ do stop an individual and come to the conclusion that the
individual is undocumented, officers’ cannot detain them for being undocumented because being
in the United States illegally is not a violation of criminal law, being in this country illegally falls
under the violation of Civil Law. Therefore, if the Arizona Police Department wanted to take
action and run an individual’s documentation status, they would not be able to do anything. The
police department would have to turn the case to U.S. Immigration and Customs
Enforcement (ICE), which is a federal law enforcement agency under the United States
Department of Homeland Security (DHS), responsible for identifying, investigating, and
dismantling vulnerabilities regarding the nation's border (2012, U.S. Immigration and Customs
Enforcement. Wikipedia. Section, para. 1). Due to the fact, the police department does not deal
with federal law. Therefore, it is not their duty to deal with immigration cases. However, Judge
Scalia says, “As a sovereign state, Arizona has the right to keep out people who aren’t supposed
to be in this country, much less in Arizona. And SB 1070 only applies to people who aren’t
supposed to be here at all” (Howe, 2012, S.B. 1070: In Plain English, section, para. 13). In
conclusion, Section 2(B) has increased racial profiling in the state of Arizona and continues to
grow day by day with this bill and according to Judge Scalia, Arizona has every right to act upon
this law!
3
Section 5(C) makes it a crime to apply for or hold a job without proper immigration
papers (2012, S.B. 1070: In Plain English, section, para. 4). However, the Supreme Court still
held it invalid in support for S.B. 1070. Arizona did not take into consideration the way of life
the majority of undocumented individuals live by or the type of jobs they attain. Many people
come to this country looking for a better life for their family, as cliché as it sounds, and not to
commit crimes. Many of the people who migrate from their country of origin already
experienced poverty and most undocumented individuals lack the English language and any skill
to attain a decent career in the United Stated. Going back in time, On December 3, 1901President
Roosevelt said "The second object of a proper immigration law ought to be to secure by a careful
and not merely perfunctory educational test, some intelligent capacity to appreciate
American institutions and act sanely as American citizens” (Government Documents 21). If
today, that idea would have still been in place, many immigrant families today would not be able
to have a chance at a better life; due to the lack of English language and a sufficient skill to apply
for a decent job here in the United States. Therefore, today the majority of immigrants stay
working at the lower jobs that need no intellectual skill. However today, many citizen’s in
Arizona blame immigrants for the low amount of jobs there is. But take in consideration the
types of jobs undocumented individuals attain. For instance, Benito and Carmela are a married
couple who migrated from Mexico with their four year old son. Both work in the fields in
Immokalee, Florida picking tomatoes. The pay they work for is immensely ridiculous, they only
get paid 60 cents for every 100 feet of tomato picking they do. Imagine yourself having a family
of three and getting paid this wage for every 15 days? Carmela only makes $253.75 every two
weeks (YouTube Video). These are the types of jobs that undocumented individuals depend on
because they lack the English language and skills in this country. Yet, American Citizen’s, with
the potential of skills and English language, still blame immigrants for the lack of jobs in the
United States? Try living without commodities for a day like immigrants do and your perspective
on immigration reforms would greatly change!
4
What is President’s Obama’s stance on this law? President Obama is against S.B. 1070
and with his re-election he hopes to act upon immigration reforms. In addition, this year’s reelection, polls show that the 8% of Hispanic voters have moved from 60% voting Democrat to
80% (2007, The Rule of Law my Ass- Immigration). Giving President Obama more support
from the Hispanic community to change unconstitutional laws like S.B. 1070. Obama released a
letter from the White House on June 25, 2012, it stated:
I am pleased that the Supreme Court has struck down key provisions of Arizona's
immigration law. What this decision makes unmistakably clear is that Congress
must act on comprehensive immigration reform. A patchwork of state laws is not
a solution to our broken immigration system – it's part of the problem... I agree
with the Court that individuals cannot be detained solely to verify their
immigration status. No American should ever live under a cloud of suspicion just
because of what they look like... Furthermore, we will continue to enforce our
immigration laws by focusing on our most important priorities like border
security and criminals who endanger our communities, and not, for example,
students who earn their education – which is why the Department of Homeland
Security announced earlier this month that it will lift the shadow of deportation
from young people who were brought to the United States as children through no
fault of their own. I will work with anyone in Congress who's willing to make
progress on comprehensive immigration reform that addresses our economic
needs and security needs, and upholds our tradition as a nation of laws and a
nation of immigrants. And in the meantime, we will continue to use every federal
resource to protect the safety and civil rights of all Americans, and treat all our
people with dignity and respect. We can solve these challenges not in spite of our
most cherished values – but because of them. What makes us American is not a
question of what we look like or what our names are. What makes us American is
our shared belief in the enduring promise of this country – and our shared
responsibility to leave it more generous and more hopeful than we found it.
That being stated by President Obama, it is clear that he wants to help out the Hispanic
community for the betterment of everyone’s future. President Obama has conquered the
democratic vote from Hispanics by promising immigration reforms for a better future and getting
rid of ridiculous laws like Arizona is now performing.
5
On June 25, 2012 the Supreme Court of the United States decided on the Arizona et.al. v.
United States case that Section 2(B), Section 3, Section 5(C) and Section 6 of the S.B. 1070 Bill
are invalid and cannot be performed by the state of Arizona.
After this case was argued and while it was under consideration, the Secretary of
Homeland Security announced a program exempting from immigration
enforcement some 1.4 million illegal immigrants under the age of 30. If an
individual unlawfully present in the United States
“• came to the United States under the age of sixteen;
“• has continuously resided in the United States for at least five years . . . ,
“• is currently in school, has graduated from high school, has obtained a general
education development certificate, or is an honorably discharged veteran . . . ,
“• has not been convicted of a [serious crime]; and
“• is not above the age of thirty,”
then U. S. immigration officials have been directed to “defe[r] action” against
such individual “for a period of two years, subject to renewal.
After, the Secretary of Homeland Security announced this program many undocumented
individuals gained hope and was a relief from S.B. 1070. After the court’s decision, we hope to
see many more positive changes for immigration reforms in hope of creating a better society
within undocumented individuals. Just like everybody else, immigrants come to this country for
the betterment of their family. Immigrants do not come to this country to take jobs away none the
less to be racially profiled by a racist cop; immigrants come to the United States to grow
themselves out of poverty. S.B. 1070 has in deed caused many controversies and changed many
lives within the undocumented community.
6
Many families have been separated due to this new policy! Republicans need to
understand that immigrants are not harm to society that many immigrants are searching for the
same things Americans are searching for, to live a decent life and to be able to provide for their
family at peace. Today in Arizona many individuals have been affected due to the action of this
law and many families struggle to stay together. At first when this bill was sign and was taken
onto effect, officers’ did in fact get the chance to take many immigrants into their custody and
had them deported because this bill was not yet clear. Many families were destroyed. What ever
happened to the United States being the land of immigrants?
References
Arizona v. United States, 567 U. S. ____ (2012)
Government documents: Immigration. (1912). Washington, D.C.
IntikanaTV. (2011, May 31). Arizona. [Video File]. Retreived from
http://www.youtube.com/watch?v=Plui5mOGAxk&feature=g-high-u
(2007, June 12). The Rule of Law my Ass- Immigration. Retrieved from
http://rackjite.com/The-Rule-of-Law-My-Ass-Immigration/
SCOTUS. (2012, June 25). S.B. 1070: The Plain English. [Web Blog Message]. Retrieved from
http://www.scotusblog.com/2012/06/s-b-1070-in-plain-english/
Shantz, J. (2010). Racism and Borders: Representation, Repression, Resistance. New York, NY:
Algora Publishing
Smith, D. (2012) Obama 'Pleased' but 'Concerned' By SB 1070 Decision. Retrieved
from
http://www.tucsonsentinel.com/opinion/report/062512_obama_sb1070/ob ama-pleasedbut-concerned-by-sb-1070-decision/
2010, Summary of Arizona SB 1070. Federation for American Immigration Reform. Retrieved
from http://www.fairus.org/site/DocServer/ariz_SB1070_summary.pdf?docID
U.S. Immigration and Customs Enforcement. (n.d.) In Wikipedia. Retreived November 18, 2012,
from
http://en.wikipedia.org/wiki/U.S._Immigration_and_Customs_Enforcement
World Press. (2010, May 19). Arizona’s Immigration Law S.B. 1070- In a Nutshell [Web Blog
Message]. Retrieved http://angrywoodchucksblog.com/2010/05/19/arizonas-immigrationlaw-sb-1070-in-a-nutshell/