Phoenix Passes Fresh Immigration Law

The 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 handles immigration control and regulation, traditionally a federal duty. The fresh new law goes into effect on July 29, 2010.

SB 1070 makes Arizona the very first state to need that most of aliensto bring immigration papers at all times. Immigrants who can not generate correct records is going to be charged with a misdemeanor.

SB 1070 calls for police force officers to figure out the immigration status of a person throughout any investigation as lengthy as police have "good suspicions" that the person is living within the nation illegally. Well before passage of this law, a person's immigration status was investigated only when they had been charged having a law-breaking. "Reasonable suspicion" is really a subjective judgment which is not clearly defined in the law.

Other provisions of the new law cause it to a misdemeanor to get an individual on any Arizona roadway with intentions to hire or carry them. Illegal residents who make application for work will be accused with a misdemeanor. The law also advises that residents of Arizona can file suit their state government if SB 1070 just isn't being properly enforced.

Criticisms: Constitutional Rights and Racial Profiling

Article I, Section 1st of the Constitution vests all legislative powers granted for the federal government within 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 control commerce with international nations, and amongst the many states, and with Indian tribes.

The Commerce Clause has been used as a automobile to support legislation prohibiting 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 used to a motel which was prohibited from discrimination under that Act. The Court reasoned that Congress could locate that discrimination at eating and sleeping facilities has a considerable and damaging outcome upon interstate trade. Numerous state laws affecting civil rights had been held in breach with the Commerce Clause.

Moreover, critics of SB1070 are worried with constitutional infringements along with other difficulties legislation might cause. The equivalent protection clause of the 14th Amendment of the U.S. Constitution offers that: "No state shall ... deny to any person within its jurisdiction the the same protection of the laws."

Without a definite meaning of "reasonable suspicion" concerning a person's USA immigration status, there's possible for widespread racial profiling by a police force in a state where 30 percent of the human population is actually Hispanic. Governor Brewer responded to such complaint by guaranteeing proper instruction for law enforcement and claiming that racial profiling will not be tolerated. Brewer recommends that "We need to have confidence in our law enforcement."

Other issues with the new law contain overcrowded jails along with the high cost of lawsuits over regardless of whether SB 1070 violates the rights of suspects. Some immigrants could hesitate to contact the police or authorities as a victim or witness of a crime for fear of being prosecuted or deported.

When asked why Arizona requirements to manage a federally controlled concern, Governor Brewer claims the federal government has not carried out sufficient in promoting US immigration reform.