I think the biggest impact of the new law won’t actually be in its implementation; rather, the hyperbolic fear-mongering by the bill’s opponents will actually amplify its effect far beyond anything the sponsors could have wished for. The bill on its own obviously isn’t going to create a police state or Nazi Germany, but it’s also not a magic wand that’s going to make illegal immigration go away — it’s a modest measure, part of which simply parallels federal law, and gives police some extra useful tools (citizens, too, who may now sue sanctuary jurisdictions). But if the thing had been passed and signed with little fuss, it wouldn’t have half the attrition effect it’s going to have.
So my advice to the open-borders folks: Fear-monger away!
— Mark Krikorian
Governor Jan Brewer of Arizona has signed Senate Bill 1070, Arizona’s new immigration law. It is being called racist and unconstitutional. Here is the text of some of its critical parts. Seems pretty straight forward to me. Read it and decide for yourself:
Senate Bill 1070
11-1051 A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.
[That means no more sanctuary cities.]
11-1051 B. For any lawful contact made by a law enforcement official or a law enforcement agency of this state of a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation….Any person who is arrested shall have the person’s immigration status determined before the person is released. The person’s immigration status shall be verified with the Federal Government pursuant to 8 United State Code Section 1373(c). A law enforcement official or agency of this State or a County, City, Town or other political subdivision of this State may not solely consider race, color, or national origin in implementing the requirement of this subsection except to the extent permitted by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:
1. A valid Arizona driver license.
2. A valid Arizona nonoperating identification license.
3. A valid tribal enrollment card or other form of tribal identification.
4. If the entity requires proof of legal presence in the United States before issuance, any valid Untied States Federal, State or local government issued identification.
[Unlawful stops not allowed, all you need is a driver license or state ID card and you’re OK]
11-1051 C. [Provides that when an illegal alien convicted of a crime is released from jail or prison ICE shall be notified.]
11-1051 D. [Once it is verified that an individual is illegally present in this country that person shall be transported by law enforcement to a Federal facility]
11-1051 E. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes….
[no intention to pre-empt Federal law]
11-1051 F. [This law shall not be construed to implement or establish the Real ID Act of 2005]
11-1051 G. [No more sanctuary cities, any Arizona resident may bring a law suit against any agency of the state that has a policy that hinders immigration enforcement and if successful the offending agency shall pay a penalty of not less than $1,000 nor more than $5,000 per day that such policy is in force.]
11-1051 H. [Court to collect the civil penalty in subsection G and remit to the State treasurer]
11-1051 I. [Costs and attorney’s fees to the prevailing party]
11-1051 J. [Law enforcement officers acting in good faith to be indemnified by their agency in any law suit in which they are named as a party.]
K. This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.
[no one will be profiled solely on the basis of race or skin color, and the privileges and immunities of United States citizens shall be respected, something the United States Supreme Court has refused to do since 1873]
Read the entire Bill here.