Saturday, May 22, 2010

Arizona's Immigration Law

PHOENIX - As the debate over Arizona's new immigration law continues, there's a growing debate about the difference between Arizona's law and the existing federal immigration law.

Governor Brewer said she signed SB1070 in April in response to “the crisis the federal government has refused to fix.”

Brewer and the bill's sponsor, Sen. Russell Pearce, also said it "mirrors" federal law.

The comparison is one of several questions that are hanging over the new law. And since it passed, some of the facts have been twisted and exaggerated.

So what's fact and what's fiction?

1. Will SB1070 force police to racially profile?

SB1070 says police cannot solely consider race, color or national origin.

It also says officers can only ask during a valid traffic stop or an investigation with probable cause.

In short, for those who say it allows officers to profile... it doesn't.

2. Will you need to prove that you are a U.S. citizen if you are stopped?

The bill is clear, if you're a U.S. citizen you need local, state or federally issued identification, like a driver's license.

If you're a naturalized citizen you need your green card or proof of citizenship. But that's already required by the U.S. government, not Arizona.

So do you need proof? Yes.

3. Another concern is if SB1070 will cost governments and taxpayers.

The law will require every officer to be trained. The governor just ordered it.

There will also be extra costs for prosectuing, transporting and jailing suspects.

How much? Police and correction departments are still figuring that out, but it will cost us.

4. Other issues have come up about if the bill is constitutional and if it "mirrors" federal law.

The bill is based on U.S. statutes and gives Arizona police the power that federal officers have.

It's not a new idea. In 1996, the U.S. trained local officers to enforce national immigration laws under the 287(g) program.

This bill is a bigger extension of that program.

To see Arizona's law, the federal law, and more analysis, check out the links below:

Arizona Senate Bill 1070 (raw text)

Federal Immigration Law
- Section 8 USC 1324 (Bringing in and harboring certain aliens)

- Section 8 USC 1324a (Unlawful employment of aliens)

- Section 8 USC 1324b (Unfair immigration-related employment practices)

- Section 8 USC 1324c (Penalties for document fraud)

- Section 8 USC 1324d (Civil penalties for failure to depart)

- Section 8 USC 1325 (Improper entry by alien)

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