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U.S. federal law requires certain aliens to register with the U.S. government, and to have registration documents in their possession at all times. The Arizona Act additionally makes it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents, bars state or local officials or agencies from restricting enforcement of federal immigration laws, and cracks down on those sheltering, hiring and transporting illegal aliens. The paragraph on intent in the legislation says it embodies an "attrition through enforcement" doctrine.
Critics of the legislation say it encourages racial profiling, while supporters say the law prohibits the use of race as the sole basis for investigating immigration status. The law was modified by Arizona House Bill 2162 within a week of its signing with the goal of addressing some of these concerns. There have been protests in opposition to the law in over 70 U.S. cities, including boycotts and calls for boycotts of Arizona. Polling has found the law to have majority support in Arizona and nationwide. Passage of the measure has prompted other states to consider adopting similar legislation.
The Act was signed into law by Governor Jan Brewer on April 23, 2010. It was scheduled to go into effect on July 29, 2010, ninety days after the end of the legislative session. Legal challenges over its constitutionality and compliance with civil rights law were filed, including one by the United States Department of Justice that also asked for an injunction against enforcement of the law. The day before taking effect, a federal judge issued a preliminary injunction that blocked the most controversial aspects of the law from taking effect.
U.S. federal law requires aliens 14 years old or older who are in the country for longer than 30 days to register with the U.S. government, and to have registration documents in their possession at all times. The Act makes it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents, and obligates police to make an attempt, when practicable during a "lawful stop, detention or arrest", to determine a person's immigration status if there is reasonable suspicion that the person is an illegal alien. Any person arrested cannot be released without confirmation of the person's legal immigration status by the federal government pursuant to § 1373(c) of Title 8 of the United States Code. A first offense carries a fine of up to $100, plus court costs, and up to 20 days in jail; subsequent offenses can result in up to 30 days in jail (SB 1070 required a minimum fine of $500 for a first violation, and for a second violation a minimum $1,000 fine and a maximum jail sentence of 6 months). A person is "presumed to not be an alien who is unlawfully present in the United States" if he or she presents any of the following four forms of identification: a valid Arizona driver license; a valid Arizona nonoperating identification license; a valid tribal enrollment card or other tribal identification; or any valid federal, state, or local government-issued identification, if the issuer requires proof of legal presence in the United States as a condition of issuance.
The Act also prohibits state, county, or local officials from limiting or restricting "the enforcement of federal immigration laws to less than the full extent permitted by federal law" and provides that any legal Arizona resident can sue such agencies or officials to compel such full enforcement. If the person who brings suit prevails, that person may be entitled to reimbursement of court costs and reasonable attorney fees.
In addition, the Act makes it a crime for anyone, regardless of citizenship or immigration status, to hire or to be hired from a vehicle which "blocks or impedes the normal movement of traffic." Vehicles used in such manner are subject to mandatory immobilization or impoundment. Moreover, for a person in violation of a criminal law, it is an additional offense to transport an alien "in furtherance" of the alien's illegal presence in the U.S., to "conceal, harbor or shield" an alien, or to encourage or induce an alien to immigrate to the state, if the person "knows or recklessly disregards the fact" that the alien is in the U.S. illegally or that immigration would be illegal. Violation is a class 1 misdemeanor if fewer than ten illegal aliens are involved, and a class 6 felony if ten or more are involved. The offender is subject to a fine of at least $1,000 for each illegal alien involved. The transportation provision includes exceptions for child protective services workers, and ambulance attendants and emergency medical technicians.
On April 30, the Arizona legislature passed, and Governor Brewer signed, House Bill 2162, which modified the Act that had been signed a week earlier, with the amended text stating that "prosecutors would not investigate complaints based on race, color or national origin." The new text also states that police may only investigate immigration status incident to a "lawful stop, detention, or arrest", lowers the original fine from a minimum of $500 to a maximum of $100, and changes incarceration limits for first-time offenders from 6 months to 20 days.
Arizona is the first state with such a law as the Support Our Law Enforcement and Safe Neighborhoods Act. Prior law in Arizona, and the law in most other states, does not mandate that law enforcement personnel ask about the immigration status of those they encounter. Many police departments discourage such inquiries to avoid deterring immigrants from reporting crimes and cooperating in other investigations.
Arizona has an estimated 460,000 illegal immigrants, a figure that has increased fivefold since 1990. As the state with the most illegal crossings of the Mexico – United States border, its remote and punishing deserts are the entry point for thousands of Mexicans and Central Americans. By the late 1990s, Tucson Border Patrol Sector had become the location for the most number of arrests by the United States Border Patrol.
Whether illegal immigrants commit a disproportionate number of crimes is uncertain, with different authorities and academics claiming that the rate for this group was the same, greater, or less than that of the overall population. Perception bias leads many on both sides of the debate to reject, not recognize, or rationalize crime rate statistics. There was also anxiety that the Mexican Drug War, which had caused thousands of deaths, would spill over into the U.S. Moreover, by the late 2000s, Phoenix was seeing an average of one kidnapping per day, earning it the reputation as America's worst city in that regard.
Critics of the legislation say it encourages racial profiling, while supporters say the law prohibits the use of race as the sole basis for investigating immigration status. The law was modified by Arizona House Bill 2162 within a week of its signing with the goal of addressing some of these concerns. There have been protests in opposition to the law in over 70 U.S. cities, including boycotts and calls for boycotts of Arizona. Polling has found the law to have majority support in Arizona and nationwide. Passage of the measure has prompted other states to consider adopting similar legislation.
The Act was signed into law by Governor Jan Brewer on April 23, 2010. It was scheduled to go into effect on July 29, 2010, ninety days after the end of the legislative session. Legal challenges over its constitutionality and compliance with civil rights law were filed, including one by the United States Department of Justice that also asked for an injunction against enforcement of the law. The day before taking effect, a federal judge issued a preliminary injunction that blocked the most controversial aspects of the law from taking effect.
U.S. federal law requires aliens 14 years old or older who are in the country for longer than 30 days to register with the U.S. government, and to have registration documents in their possession at all times. The Act makes it a state misdemeanor crime for an alien to be in Arizona without carrying the required documents, and obligates police to make an attempt, when practicable during a "lawful stop, detention or arrest", to determine a person's immigration status if there is reasonable suspicion that the person is an illegal alien. Any person arrested cannot be released without confirmation of the person's legal immigration status by the federal government pursuant to § 1373(c) of Title 8 of the United States Code. A first offense carries a fine of up to $100, plus court costs, and up to 20 days in jail; subsequent offenses can result in up to 30 days in jail (SB 1070 required a minimum fine of $500 for a first violation, and for a second violation a minimum $1,000 fine and a maximum jail sentence of 6 months). A person is "presumed to not be an alien who is unlawfully present in the United States" if he or she presents any of the following four forms of identification: a valid Arizona driver license; a valid Arizona nonoperating identification license; a valid tribal enrollment card or other tribal identification; or any valid federal, state, or local government-issued identification, if the issuer requires proof of legal presence in the United States as a condition of issuance.
The Act also prohibits state, county, or local officials from limiting or restricting "the enforcement of federal immigration laws to less than the full extent permitted by federal law" and provides that any legal Arizona resident can sue such agencies or officials to compel such full enforcement. If the person who brings suit prevails, that person may be entitled to reimbursement of court costs and reasonable attorney fees.
In addition, the Act makes it a crime for anyone, regardless of citizenship or immigration status, to hire or to be hired from a vehicle which "blocks or impedes the normal movement of traffic." Vehicles used in such manner are subject to mandatory immobilization or impoundment. Moreover, for a person in violation of a criminal law, it is an additional offense to transport an alien "in furtherance" of the alien's illegal presence in the U.S., to "conceal, harbor or shield" an alien, or to encourage or induce an alien to immigrate to the state, if the person "knows or recklessly disregards the fact" that the alien is in the U.S. illegally or that immigration would be illegal. Violation is a class 1 misdemeanor if fewer than ten illegal aliens are involved, and a class 6 felony if ten or more are involved. The offender is subject to a fine of at least $1,000 for each illegal alien involved. The transportation provision includes exceptions for child protective services workers, and ambulance attendants and emergency medical technicians.
On April 30, the Arizona legislature passed, and Governor Brewer signed, House Bill 2162, which modified the Act that had been signed a week earlier, with the amended text stating that "prosecutors would not investigate complaints based on race, color or national origin." The new text also states that police may only investigate immigration status incident to a "lawful stop, detention, or arrest", lowers the original fine from a minimum of $500 to a maximum of $100, and changes incarceration limits for first-time offenders from 6 months to 20 days.
Arizona is the first state with such a law as the Support Our Law Enforcement and Safe Neighborhoods Act. Prior law in Arizona, and the law in most other states, does not mandate that law enforcement personnel ask about the immigration status of those they encounter. Many police departments discourage such inquiries to avoid deterring immigrants from reporting crimes and cooperating in other investigations.
Arizona has an estimated 460,000 illegal immigrants, a figure that has increased fivefold since 1990. As the state with the most illegal crossings of the Mexico – United States border, its remote and punishing deserts are the entry point for thousands of Mexicans and Central Americans. By the late 1990s, Tucson Border Patrol Sector had become the location for the most number of arrests by the United States Border Patrol.
Whether illegal immigrants commit a disproportionate number of crimes is uncertain, with different authorities and academics claiming that the rate for this group was the same, greater, or less than that of the overall population. Perception bias leads many on both sides of the debate to reject, not recognize, or rationalize crime rate statistics. There was also anxiety that the Mexican Drug War, which had caused thousands of deaths, would spill over into the U.S. Moreover, by the late 2000s, Phoenix was seeing an average of one kidnapping per day, earning it the reputation as America's worst city in that regard.
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