Arizona’s Minefield
April 26, 2010 No CommentsOn February 15th, the Arizona State Senate passed SB 1070 with a vote of 17-13. This bill, also known as the “Support Our Law Enforcement and Safe Neighborhoods Act” is scheduled to be debated this week in the Arizona State House of Representatives. If passed, this bill will make Arizona the state that is “toughest” on illegal immigration. While its sponsor Senator Russell Pearce R-Mesa argues that U.S. citizens have the constitutional right to enforce immigration laws, opponents worry about the possible economic and political ramifications. Although it may have good intentions, if this bill passes, Arizona will become a minefield not only for illegal immigrants, but for U.S. citizens as well.
The “Support Our Law Enforcement and Safe Neighborhoods Act” proposes new restrictions on the status of illegal immigrants. It will not only require that state officials comply with and enforce federal immigration laws, but it will also give county attorneys “subpoena power in certain investigations of employers” (Rossi 2010). Furthermore, it will establish actions involving trespassing by illegal immigrants, the hiring or transporting of illegal immigrants, and the harboring of any unlawful aliens as crimes that could result in anything from a fine to deportation.
Economically, the state of Arizona is financially strained. By creating these new enforcement policies, this bill will increase the amount of work for the police, the judges, the prosecutors, social services, and other members of the legal system. Since there are approximately 12 million undocumented immigrants in the U.S., the additional costs that will be required by local jurisdictions to enforce these immigration laws will place an undue burden on the police and justice departments who are already protecting their “citizens from other crimes” (Goldman 2010).
Additionally, this bill will infringe upon the rights of U.S. citizens. It will force everyone to carry some form of documentation that proves they are not an illegal immigrant. Critics predict that allowing police officers to inquire about immigration status will most likely “result in more lawsuits claiming racial profiling” (SRHM 2010) by individuals who are not illegal immigrants.
Finally, this law will force local employers to restructure their businesses. This bill will require employers to maintain records of verification of employment eligibility on each employee for a period of three years; employers will be forced to maintain this thorough and costly record keeping in an already economically depressed business climate. By turning misdemeanors like employing day laborers into felonies, it will be crucial for employers to verify their employee’s eligibility to work (Rossi 2010). Additionally, this will curb the day labor done by illegal immigrants which may impact business continuity if this same amount of work cannot be done by the current legal workforce.
However, advocates argue that the primary purpose of this bill is to give police and state officials a weapon against the weak enforcement of immigration law. Anna Gaines, founder of American Citizens states that this bill is good for Arizona. Although people are calling this a racist bill, Gaines states that the “proposed legislation would ensure that individuals in the country illegally do not have freedoms they do not deserve” (Rau 2010). Furthermore, since this bill will deter illegal aliens from coming into Arizona, it will help decrease crime and it will save the state money by reducing public benefits. In addition to her organization, both the Maricopa County Attorney’s Office and the Sheriff’s Office support the passing of the bill (Rau 2010).
While advocates argue that this bill will give more force to immigration laws, there is substantial opposition to SB 1070 by citizens throughout the state of Arizona. Arizona Governor Jan Brewer has already received 4,000 postcards asking her not to support the bill. Other organizations such as the American Civil Liberties Union and the Border Action Network continue to argue that the bill will be more detrimental than beneficial to Arizonans (Rau 2010). They state that this bill is unconstitutional because it gives the state the authority to regulate immigration, which generally lies in the jurisdiction of the federal government.
There is no question that illegal immigration in Arizona and throughout the United States is a serious issue that negatively impacts society. However, SB 1070 is unnecessary; the Arizona penal system already has strict laws regarding the apprehension and prosecution of illegal immigrants. If passed and enacted into law, SB 1070 could exasperate an already volatile environment, one that could cause more harm to society than good. As stated above, this tougher law will likely infringe upon the rights of legal citizens including possible racial profiling. Additionally, the added cost burden to meet the requirement of this bill will damage an already stressed state economy. Finally, giving state law enforcement additional powers usually reserved for federal government agencies could result in the abuse of this power. This potential issue is epitomized in the actions of Maricopa County Sheriff, Joe Arpaio, who is notorious for his “toughness” towards the issue of illegal immigration. The Sheriff’s unusual tactics, though praised by many, are starting to be viewed more negatively in Arizona. He is currently under investigation by the FBI. It should be noted that Senator Pearce, the sponsor of SB1070 was the Chief Deputy in the Maricopa County Sheriff’s office under Arpaio.
Therefore, although supporters say that they have the necessary votes to make it a permanent piece of legislation, if passed this bill will have severe consequences. Not only will it be detrimental to the well being of the citizens of Arizona, but it will become a gateway for future unnecessary restrictions on illegal immigration.
Works Cited
[1] Goldman, Russell. “Arizona Law Promises to Be ‘Toughest” on Illegal Immigration.” ABC News, March 26, 2010.
[2] Rau, Donna. “House To Take Up Sweeping Immigration Bill.” The Arizona Republic, March 20, 2010.
[3] Rossi, Russell. “Arizona Law Promises to Be ‘Toughest” on Illegal Immigration.” KPHO.com, http://www.kpho.com/politics/22994432/detail.html March 29, 2010
[4] Society for Human Resource Management. “Arizona’s Tough Immigration Bill May Be Too Tough.” http://www.shrm.org/LegalIssues/StateandLocalResources/Pages/ArizonasToughImmigration.aspx (accessed March 18, 2010).
Elizabeth Lopez
College of Arts & Science
Class of 2010