State of Arizona Introduces Fresh Immigration Law

State of arizona Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act (also referred to as Arizona Senate Bill 1070 or SB 1070) on April 23, 2010. The law addresses immigration control and regulation, traditionally a federal duty. The new law should go into impact on July 29, 2010.

SB 1070 makes Arizona the first state to call for that most of aliensto keep immigration documents without exception. Immigrants who can't produce correct files will probably be charged having a misdemeanor.

SB 1070 calls for the authorities officers to figure out the immigration status of a person throughout any investigation as long as police have "realistic suspicion" that the individual is living in the nation illegally. Well before passage of this law, a person's immigration status was examined only when they were charged with a crime. "Reasonable suspicion" is a subjective judgment which is not clearly characterized inside the law.

Some other provisions of the completely new law allow it to become a misdemeanor to pick up a person on any Arizona roadway with plan to employ or transport these people. Illegal inhabitants who make an application for employment also are charged with a misdemeanor. The law also says that residents of Arizona can sue the state government if SB 1070 just isn't being correctly enforced.

Criticisms: Constitutional Rights and Racial Profiling

Article I, Section 1st of the Constitution vests all legislative powers given to the federal government inside the U.S. Congress. Particularly, Write-up I, Section 8 grants to Congress the power to establish a uniform rule of naturalization, and sole power to manage trade with foreign nations, and among the a number of states, and with Indian tribes.

The Commerce Clause has been used as a automobile to retain legislation barring 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 placed to a motel which had been prohibited from discrimination under that Act. The Court reasoned that Congress could discover that discrimination at consuming and sleeping facilities has a significant and undesirable effect upon highway trade. Several state laws affecting civil rights were kept in breach in the Commerce Clause.

Also, critics of SB1070 are worried with constitutional infringements and other issues regulations might cause. The equivalent protection clause of the 14th Amendment of the U.S. Constitution gives that: "No state shall ... deny to any person within its jurisdiction the equal protection of the laws."

Without an obvious classification of "reasonable suspicion" regarding a person's USA immigration status, there's potential for widespread racial profiling by a police officers in a state where 30 % of the human population is actually Hispanic. Governor Brewer answered to such critique by guaranteeing correct education for police and claiming that racial profiling will not be tolerated. Brewer recommends that "We need to trust our law enforcement."

Some other worries with the new law consist of overcrowded jails and the high cost of lawsuits over whether SB 1070 violates the rights of suspects. Some immigrants might hesitate to make contact with 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 manage a federally controlled problem, Governor Brewer claims the federal government has not completed sufficient to promote US immigration reform.