Arizona_SB_1070

From Wikipedia, the free encyclopedia Arizona SB 1070









Arizona SB 1070

prompted other states to consider adopting similar legis-

lation.[21]

The Act was signed into law by Governor Jan Brewer

on April 23, 2010.[2] It was scheduled to go into effect on

July 29, 2010, ninety days after the end of the legislative

session.[22][23] Legal challenges over its constitutionality

and compliance with civil rights law were filed, includ-

ing one by the United States Department of Justice, that

also asked for an injunction against enforcement of the

law.[24] The day before the law was to take effect, a fed-

eral judge issued a preliminary injunction that blocked

the law’s most controversial provisions.[25] Arizona has

Arizona Governor Jan Brewer meeting with President Barack sought, unsuccessfully to date, to reverse that decision in

Obama in June 2010 in the wake of SB 1070, to discuss immigra- the federal appeals courts.

tion and border security issues.[1]



The Support Our Law Enforcement and Safe Neigh-

Provisions

borhoods Act (introduced as Arizona Senate Bill 1070 and U.S. federal law requires aliens 14 years old or older who

thus often referred to simply as Arizona SB 1070 is a leg-

1070) are in the country for longer than 30 days to register with

islative Act in the U.S. state of Arizona that at the time of the U.S. government[6] and have registration documents

passage was the broadest and strictest anti-illegal immi- in their possession at all times.[7] The Act makes it a state

gration measure in recent U.S. history.[2] It has received misdemeanor crime for an alien to be in Arizona without

national and international attention and has spurred carrying the required documents[8] and obligates police

considerable controversy.[3][4] to make an attempt, when practicable during a "lawful

U.S. federal law requires all aliens over the age of stop, detention or arrest",[9] to determine a person’s im-

14 who remain in the United States for longer than 30 migration status if there is reasonable suspicion that the

days[5] to register with the U.S. government,[6] and to person is an illegal alien.[10] Any person arrested cannot

have registration documents in their possession at all be released without confirmation of the person’s legal

times.[7] The Arizona Act additionally makes it a state immigration status by the federal government pursuant

misdemeanor crime for an alien to be in Arizona without to § 1373(c) of Title 8 of the United States Code.[10] A first

carrying the required documents,[8] requires that state offense carries a fine of up to $100, plus court costs, and

law enforcement officers attempt to determine an indi- up to 20 days in jail; subsequent offenses can result in

vidual’s immigration status during a "lawful stop, deten- up to 30 days in jail[26] (SB 1070 required a minimum fine

tion or arrest" when there is reasonable suspicion that of $500 for a first violation, and for a second violation

the individual is an illegal immigrant,[9] bars state or lo- a minimum $1,000 fine and a maximum jail sentence of

cal officials or agencies from restricting enforcement of 6 months).[11] A person is "presumed to not be an alien

federal immigration laws,[10] and cracks down on those who is unlawfully present in the United States" if he or

sheltering, hiring and transporting illegal aliens.[11] The she presents any of the following four forms of identifica-

paragraph on intent in the legislation says it embodies an tion: a valid Arizona driver license; a valid Arizona non-

"attrition through enforcement" doctrine.[12][13] operating identification license; a valid tribal enrollment

Critics of the legislation say it encourages racial pro- card or other tribal identification; or any valid federal,

filing, while supporters say the law prohibits the use of state, or local government-issued identification, if the is-

race as the sole basis for investigating immigration sta- suer requires proof of legal presence in the United States

tus.[14] The law was modified by Arizona House Bill 2162 as a condition of issuance.[10]

within a week of its signing with the goal of addressing The Act also prohibits state, county, and local officials

some of these concerns. There have been protests in op- from limiting or restricting "the enforcement of federal

position to the law in over 70 U.S. cities,[15] including immigration laws to less than the full extent permitted

boycotts and calls for boycotts of Arizona.[16] Polling has by federal law" and provides that any legal Arizona resi-

found the law to have majority support in Arizona and dent can sue the agencies or officials in question to com-

nationwide.[17][18][19][20] Passage of the measure has pel such full enforcement.[10][27] If the person who brings



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From Wikipedia, the free encyclopedia Arizona SB 1070





suit prevails, that person may be entitled to reimburse- was the same, greater, or less than that of the overall

ment of court costs and reasonable attorney fees.[10] population.[32] Perception bias leads many on both sides

In addition, the Act makes it a crime for anyone, re- of the debate to reject or rationalize crime rate statis-

gardless of citizenship or immigration status, to hire or tics.[32] There was also anxiety that the Mexican Drug

to be hired from a vehicle which "blocks or impedes the War, which had caused thousands of deaths, would spill

normal movement of traffic." Vehicles used in such man- over into the U.S.[32] Moreover, by the late 2000s Phoenix

ner are subject to mandatory immobilization or im- was seeing an average of one kidnapping per day, earning

poundment. Moreover, for a person in violation of a it the reputation as America’s worst city in that re-

criminal law, it is an additional offense to transport an gard.[31]

alien "in furtherance" of the alien’s illegal presence in Arizona has a history of passing restrictions on illegal

the U.S., to "conceal, harbor or shield" an alien, or to en- immigration, including legislation in 2007 that imposed

courage or induce an alien to immigrate to the state, if heavy sanctions on employers hiring illegal immi-

the person "knows or recklessly disregards the fact" that grants.[33] Measures similar to SB 1070 had been passed

the alien is in the U.S. illegally or that immigration would by the legislature in 2006 and 2008, only to be vetoed by

be illegal.[11] Violation is a class 1 misdemeanor if fewer Democratic Governor Janet Napolitano.[2][34][35] She was

than ten illegal aliens are involved, and a class 6 felony subsequently elevated to Secretary of Homeland Security

if ten or more are involved. The offender is subject to a in the Obama administration and was replaced by Repub-

fine of at least $1,000 for each illegal alien involved. The lican Secretary of State of Arizona Jan Brewer.[2][36]

transportation provision includes exceptions for child There is a similar history of referenda, such as the Ari-

protective services workers, and ambulance attendants zona Proposition 200 (2004) that have sought to restrict

and emergency medical technicians.[11] illegal immigrants’ use of social services. The ’attrition

through enforcement’ doctrine is one that think tanks

Arizona HB 2162 such as the Center for Immigration Studies have been

On April 30, the Arizona legislature passed, and Governor supporting for several years.[13]

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 com-

plaints based on race, color or national origin."[28] The

new text also states that police may only investigate im-

migration status incident to a "lawful stop, detention, or

arrest", lowers the original fine from a minimum of $500

to a maximum of $100,[26] and changes incarceration lim-

its for first-time offenders from 6 months to 20 days.[9]





Background and passage

Arizona is the first state to propose such far-reaching leg-

islation.[29] Prior law in Arizona, like the law in most oth-

er states, does not mandate that law enforcement per-

sonnel ask about the immigration status of those they

encounter.[30] Many police departments discourage such

inquiries to avoid deterring immigrants from reporting

crimes and cooperating in other investigations.[30]

Arizona had an estimated 460,000 illegal immigrants

in April 2010,[30] a figure that had increased fivefold since State Senator Russell Pearce, sponsor of the bill

1990.[31] As the state with the most illegal crossings of

the Mexico – United States border, its remote and dan- Impetus for SB 1070 is attributed to shifting demo-

gerous deserts are the entry point for thousands of Mex- graphics leading to a larger Hispanic population, in-

icans and Central Americans.[14] By the late 1990s, Tuc- creased drugs- and human smuggling-related violence in

son Border Patrol Sector had become the location for the Mexico and Arizona, and a struggling state economy and

most number of arrests by the United States Border Pa- economic anxiety during the late-2000s recession.[4][37]

trol.[31] State residents were also frustrated by the lack of federal

Whether illegal immigrants commit a disproportion- progress on immigration,[4] which they viewed as even

ate number of crimes is uncertain, with different author- more disappointing given that Napolitano was in the ad-

ities and academics claiming that the rate for this group ministration.[37]





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From Wikipedia, the free encyclopedia Arizona SB 1070





The major sponsor of, and legislative force behind, tion 100 (2010), a one percent increase in the state sales

the bill was State Senator Russell Pearce, who had long tax to prevent cuts in education, health and human ser-

been one of Arizona’s most vocal opponents of illegal im- vices, and public safety, despite opposition from within

migration[38] and who had successfully pushed through her own party.[47][49] These preceding political moves,

several prior pieces of tough legislation against those he along with an upcoming tough Republican Party primary

termed "invaders on the American sovereignty".[39][40] in the 2010 Arizona gubernatorial election from other

Much of the drafting of the bill was done by Kris conservative opponents supporting the bill, were all con-

Kobach,[40] a professor at the University of Mis- sidered major factors in her decision.[2][47][49] During the

souri–Kansas City School of Law[41] and a figure long as- bill’s development, her staff had gone over its language

sociated with the Federation for American Immigration line by line with State Senator Pearce,[47][49] but she had

Reform who had written immigration-related bills in also said she had concerns about several of its provi-

many other parts of the country.[42] Pearce and Kobach sions.[50] The Mexican Senate urged the governor to veto

had worked together on past legislative efforts regarding the measure[44] and the Mexican Embassy to the U.S.

immigration, and Pearce contacted Kobach when he was raised concerns about potential racial profiling that may

ready to pursue the idea of the state enforcing federal result.[36] Citizen messages to Brewer, however, were 3–1

immigration laws.[40] A December 2009 meeting of the in favor of the law.[36] A Rasmussen Reports poll taken

American Legislative Exchange Council in Washington, between the House and Senate votes showed wide sup-

D.C., resulted in that body drafting model legislation that port for the bill among likely voters in the state, with

embodied the ideas that Pearce presented.[43] 70 percent in favor and 23 percent opposed.[51] Of those

The proposed bill reached the Arizona legislature in same voters, 53 percent were at least somewhat con-

January 2010 and quickly gained 36 cosponsors.[43] The cerned that actions taken due to the measures in the

Arizona State Senate approved an early version of the bill bill would violate the civil rights of some American citi-

in February 2010.[38] Saying, "Enough is enough," Pearce zens.[51] Brewer’s staff said that she was considering the

stated figuratively that this new bill would remove hand- legal issues, the impact on the state’s business, and the

cuffs from law enforcement and place them on violent of- feelings of the citizens in coming to her decision.[47] They

fenders.[36][44] added that "she agonizes over these things,"[47] and the

On March 27, 2010, 58-year-old Robert Krentz and his governor also prayed over the matter.[35] Brewer’s politi-

dog were shot and killed while Krentz was doing fence cal allies said her decision would cause her political trou-

work on his large ranch roughly 19 miles (31 km) from ble no matter which way she decided.[49] Most observers

the Mexican border. This incident gave a tangible public expected that in the end, she would sign the bill, and on

face to fears about immigration-related crime.[32][45] Ari- April 23 she did.[2]

zona police were not able to name a murder suspect but

traced a set of footprints from the crime scene south

towards the border. The resulting speculation that the

killer was an illegal alien increased support among the

public for the measure.[2][32][35][45] For a while there was

talk of naming the law after Krentz.[35] Some state leg-

islators (both for and against the law) believe, however,

that the impact of the Krentz killing has been overstated

as a factor in the bill’s passing.[4]

The bill, with a number of changes made to it, passed

the Arizona House of Representatives on April 13 by a

35–21 party-line vote.[38] The revised measure then

passed the State Senate on April 19 by a 17–11 vote that

also closely followed party lines,[36] with all but one

Republican voting for the bill, ten Democrats voting State Representative Kyrsten Sinema, opponent of the bill, at-

against the bill, and two Democrats not voting.[46] tending a protest at the Arizona State Capitol on the day of the

Once a bill passes, the governor has five days to make bill’s signing

a decision to sign, veto, or let it pass unsigned.[47][48] The

question then became whether or not Governor Brewer During the time of the signing, there were over a

would sign the bill into law, as she had remained silent thousand people at the Arizona State Capitol both in sup-

on the measure while weighing the consequences.[2][47] port of and opposition to the bill, and some minor civil

Immigration had not been a prime focus of her political unrest occurred.[27] Against concerns that the measure

career up to this point, although as secretary of state she would promote racial profiling, Brewer stated that no

had supported Arizona Proposition 200 (2004).[49] As gov- such behavior would be tolerated: "We must enforce the

ernor, she had made another push for Arizona Proposi- law evenly, and without regard to skin color, accent or



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From Wikipedia, the free encyclopedia Arizona SB 1070





social status."[52] She vowed to ensure that police forces had, 51 percent were in favor of it against 39 percent op-

had proper training relative to the law and civil posed.[19] An Angus Reid Public Opinion poll indicated

rights,[2][52] and on the same day as the signing issued that 71 percent of Americans said they supported the

an executive order requiring additional training for all notion of requiring their own police to determine peo-

officers on how to implement SB 1070 without engaging ple’s status if there was "reasonable suspicion" the peo-

in racial profiling.[53][54] Ultimately, she said, "We have ple were illegal immigrants, and arresting those people

to trust our law enforcement."[2] (The training materials if they could not prove they were legally in the United

developed by the Arizona Peace Officer Standards and States.[20] A nationwide New York Times/CBS News poll

Training Board were released in June 2010.[55][56]) found similar results to the others, with 51 percent of re-

Sponsor Pearce called the bill’s signing "a good day spondents saying the Arizona law was "about right" in its

for America."[27] News of the law and the debate around approach to the problem of illegal immigration, 36 per-

immigration gained national attention, especially on ca- cent saying it went too far, and 9 percent saying it did

ble news television channels, where topics that attract not go far enough.[60] Another CBS News poll, conduct-

strong opinions are often given extra airtime.[57] Never- ed a month after the signing, showed 52 percent seeing

theless, those voting on the bill were later surprised by the law as about right, 28 percent thinking it goes too

the reaction it gained. State Representative Michele Rea- far, and 17 percent thinking it does not go far enough.[61]

gan reflected three months later: "The majority of us who A 57 percent majority thought that the federal govern-

voted yes on that bill, myself included, did not expect or ment should be responsible for determining immigration

encourage an outcry from the public. The majority of us law.[60] A national Fox News poll found that 61 percent

just voted for it because we thought we could try to fix of respondents thought Arizona was right to take action

the problem. Nobody envisioned boycotts. Nobody antic- itself rather than wait for federal action, and 64 percent

ipated the emotion, the prayer vigils. The attitude was: thought the Obama administration should wait and see

These are the laws, let’s start following them."[4] State how the law works in practice rather than trying to stop

Representative Kyrsten Sinema, the assistant House mi- it right away.[62] Experts caution that in general, polling

nority leader who tried to stop the bill and voted against has difficulty reflecting complex immigration issues and

it, similarly reflected: "I knew it would be bad, but no one law.[19]

thought it would be this big. No one."[4] Another Rasmussen poll, done statewide after several

The immigration issue also gained center stage in the days of heavy news coverage about the controversial law

re-election campaign of Republican U.S. Senator from and its signing, found a large majority of Arizonans still

Arizona John McCain, who had been a past champion of supported it, by a 64 percent to 30 percent margin.[17]

federal immigration reform measures such as the Com- Rasmussen also found that Brewer’s approval ratings as

prehensive Immigration Reform Act of 2007.[45] Also governor had shot up, going from 40 percent of likely

faced with a primary battle – against the more conserva- voters before the signing to 56 percent after, and that her

tive J. D. Hayworth, who had made measures against ille- margin over prospective Democratic gubernatorial oppo-

gal immigration a central point of his candidacy – McCain nent, State Attorney General Terry Goddard (who oppos-

supported SB 1070 only hours before its passage in the es the law) had widened.[63] A poll done by Arizona State

State Senate.[2][45] McCain subsequently became a vocal University researchers found that 81 percent of regis-

defender of the law, saying that the state had been forced tered Latino voters in the state opposed SB 1070.[64]

to take action given the federal government’s inability to

control the border.[58][59] Public officials

United States

Reaction In the United States, supporters and opponents of the bill

have roughly followed party lines, with most Democrats

Opinion polls opposing the bill and most Republicans supporting it.

A Rasmussen Reports poll done nationally around the The bill was criticized by President Barack Obama

time of the signing indicated that 60 percent of Ameri- who called it "misguided" and said it would "undermine

cans were in favor of and 31 percent opposed to legisla- basic notions of fairness that we cherish as Americans,

tion that allows local police to "stop and verify the im- as well as the trust between police and our communities

migration status of anyone they suspect of being an il- that is so crucial to keeping us safe."[2][45] Obama did

legal immigrant."[18] The same poll also indicated that later note that the HB 2162 modification had stipulated

58 percent are at least somewhat concerned that "efforts that the law not be applied in a discriminatory fashion,

to identify and deport illegal immigrants will also end up but the president said there was still the possibility of

violating the civil rights of some U.S. citizens."[18] A na- suspected illegal immigrants "being harassed and arrest-

tional Gallup Poll found that more than three-quarters ed".[65] He repeatedly called for federal immigration re-

of Americans had heard about the law, and of those who form legislation to forestall such actions among the



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From Wikipedia, the free encyclopedia Arizona SB 1070





states and as the only long-term solution to the problem change the debate from what the law says."[77] Sánchez’

of illegal immigration.[2][45][65][66] Governor Brewer and district is in Los Angeles County and Miller’s district is in

President Obama met at the White House in early June both Los Angeles County and neighboring Orange Coun-

2010 to discuss immigration and border security issues in ty.

the wake of SB 1070; the meeting was termed pleasant, The law has been popular among the Republican Par-

but brought about little change in the participants’ ty base electorate; however, several Republicans have op-

stances.[1] posed aspects of the measure, mostly from those who

Secretary of Homeland Security and former Arizona have represented heavily Hispanic states.[78] These in-

governor Janet Napolitano testified before the Senate Ju- clude former Governor of Florida Jeb Bush,[79] former

diciary Committee that she had "deep concerns" about Speaker of the Florida House of Representatives and cam-

the law and that it would divert necessary law enforce- paigning U.S. Senate candidate Marco Rubio,[79] and for-

ment resources from combating violent criminals.[67] (As mer George W. Bush chief political strategist Karl

governor, Napolitano had consistently vetoed similar Rove.[80] Some analysts have stated that Republican sup-

legislation throughout her term.[2][34]) U.S. Attorney port for the law gives short-term political benefits by en-

General Eric Holder said the federal government was ergizing their base and independents, but longer term

considering several options, including a court challenge carries the potential of alienating the growing Hispanic

based on the law leading to possible civil rights viola- population from the party.[78][81] The issue played a role

tions.[42][68] Michael Posner, the Assistant Secretary of in several Republican primary contests during the 2010

State for Democracy, Human Rights, and Labor, brought congressional election season.[82]

up the law in discussions with a Chinese delegation to il- One Arizona Democrat who defended some of the mo-

lustrate human rights areas the U.S. needed to improve tivation behind the bill was Congresswoman Gabrielle

on.[69] This led McCain and fellow senator from Arizona Giffords, who said her constituents were "sick and tired"

Jon Kyl to strongly object to any possibly implied com- of the federal government failing to protect the border,

parison of the law to human rights abuses in China.[69] that the current situation was "completely unaccept-

Senior Democratic U.S. Senator Chuck Schumer of New able", and that the legislation was a "clear calling that the

York and Mayor of New York City Michael Bloomberg federal government needs to do a better job".[53] Howev-

have criticized the law, with Bloomberg stating that it er, she stopped short of supporting the law itself, saying

sends exactly the wrong message to international com- it "does nothing to secure our border" and that it "stands

panies and travelers.[52] in direct contradiction to our past and, as a result, threat-

In testimony before the Senate Homeland Security ens our future."[83] Her opposition to the law became one

Committee, McCain drew out that Napolitano had made of the issues in her 2010 re-election campaign, in which

her remarks before having actually read the law.[70] she narrowly prevailed over her Republican opponent,

Holder also acknowledged that he had not read the who supported it.[84][85]

statute.[70][71][72] The admissions by the two cabinet sec- U.S. Secretary of State Hillary Rodham Clinton in-

retaries that they had not yet read SB 1070 became an cluded the dispute over SB 1070 in an August 2010 report

enduring criticism of the reaction against the law.[73][74] to the Office of the United Nations High Commissioner

Former Alaska governor and vice-presidential candidate for Human Rights, as an example to other countries of

Sarah Palin accused the party in power of being willing how fractious issues can be resolved under the rule of

to "criticize bills (and divide the country with ensuing law.[86] Governor Brewer demanded that the reference

rhetoric) without actually reading them."[75] Governor to the law be removed from the report, seeing its inclu-

Brewer’s election campaign issued a video featuring a sion as implying that the law was a violation of human

frog hand puppet that sang "reading helps you know rights[87] and saying that any notion of submitting U.S.

what you’re talkin’ ’bout" and urged viewers to fully read laws to U.N. review was "internationalism run amok". [86]

the law.[74] In reaction to the question, President Obama

told a group of Republican senators that he had in fact Mexico

read the law.[76] Mexican President Felipe Calderón’s office said that "the

Democrat Linda Sánchez, U.S. Representative from Mexican government condemns the approval of the law

California’s 39th congressional district, has claimed that [and] the criminalization of migration."[14] President

white supremacy groups are in part to blame for the law’s Calderón also characterized the new law as a "violation of

passage, saying, "There’s a concerted effort behind pro- human rights".[88] Calderón repeated his criticism during

moting these kinds of laws on a state-by-state basis by a subsequent state visit to the White House.[65]

people who have ties to white supremacy groups. It’s The measure was also strongly criticized by Mexican

been documented. It’s not mainstream politics."[77] health minister José Ángel Córdova, former education

Republican Representative Gary Miller, from California’s minister Josefina Vázquez Mota, and Governor of Baja

42nd congressional district, called her remarks "an out- California José Guadalupe Osuna Millán, with Osuna say-

rageous accusation [and a] red herring. [She’s] trying to ing it "could disrupt the indispensable economic, polit-



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From Wikipedia, the free encyclopedia Arizona SB 1070





ical and cultural exchanges of the entire border re- to seal the border.[98] Arpaio said, "I think they’ll be

gion."[88] The Mexican Foreign Ministry issued a travel afraid that other states will follow this new law that’s

advisory for its citizens visiting Arizona, saying "It must now been passed."[98]

be assumed that every Mexican citizen may be harassed

and questioned without further cause at any time."[89][90] Religious organizations and perspec-

In response to these comments, Chris Hawley of USA tives

Today said that "Mexico has a law that is no different

Activists within the church were present on both sides of

from Arizona’s", referring to legislation which gives local

the immigration debate,[99] and both proponents and op-

police forces the power to check documents of people

ponents of the law appealed to religious arguments for

suspected of being in the country illegally.[91] Immigra-

support.[100]

tion and human rights activists have also noted that

Mexican authorities frequently engage in racial profiling,

harassment, and shakedowns against migrants from Cen-

tral America.[91]

The law imperiled the 28th annual, binational Border

Governors Conference, scheduled to be held in Phoenix

in September 2010 and to be hosted by Governor Brew-

er.[92] The governors of the six Mexican states belonging

to the conference vowed to boycott it in protest of the

law, saying SB 1070 is "based on ethnic and cultural prej-

udice contrary to fundamental rights," and Brewer said

in response that she was canceling the gathering.[92]

Governors Bill Richardson of New Mexico and Arnold

Schwarzenegger of California, U.S. border governors who

oppose the law, supported moving the conference to an-

other state and going forward with it,[92] and it was sub-

sequently held in Santa Fe, New Mexico without Brewer

attending.[93]



Arizona law enforcement

Arizona’s law enforcement groups have been split on the

bill,[36][94] with statewide rank-and-file police officer

groups generally supporting it and police chief associa-

tions opposing it.[27][95]

The Arizona Association of Chiefs of Police criticized

the legislation, calling the provisions of the bill "prob- A protest against SB 1070 by a coalition of community organi-

zations in Minneapolis

lematic" and expressing that it will negatively affect the

ability of law enforcement agencies across the state to

State Senator Pearce, a devout member of The Church

fulfill their many responsibilities in a timely manner.[96]

of Jesus Christ of Latter-day Saints (LDS Church) which

Additionally, some officers have repeated the past con-

has a substantial population in Arizona, frequently said

cern that illegal immigrants may come to fear the police

that his efforts to push forward this legislation was based

and not contact them in situations of emergency or in

on that church’s 13 Articles of Faith, one of which in-

instances where they have valuable knowledge of a

structs in obeying the law.[99][101] This association caused

crime.[95][97] However, the Phoenix Law Enforcement As-

a backlash against the LDS Church and threatened its

sociation, which represents the city’s police officers, has

proselytizing efforts among the area’s Hispanic popula-

supported the legislation and lobbied aggressively for its

tion.[101] The church emphasized that it took no position

passage.[94][95] Officers supporting the measure say they

on the law or immigration in general and that Pearce

have many indicators other than race they can use to de-

did not speak for it.[99][101] The following year the LDS

termine whether someone may be an illegal immigrant,

Church took an official position on the issue which op-

such as absent identification or conflicting statements

poses Pearce’s approach to immigration, saying, "The

made.[95]

Church of Jesus Christ of Latter-day Saints is concerned

The measure was hailed by Joe Arpaio, Sheriff of

that any state legislation that only contains enforcement

Maricopa County, Arizona – known for his tough crack-

provisions is likely to fall short of the high moral stan-

downs on illegal immigration within his own jurisdiction

dard of treating each other as children of God. The

– who hoped the measure would cause the federal action

Church supports an approach where undocumented im-



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From Wikipedia, the free encyclopedia Arizona SB 1070





migrants are allowed to square themselves with the law from El Salvador with his family when he was four, stat-

and continue to work without this necessarily leading to ed, "I am saying if you here illegally, get in line, come in

citizenship."[102] (Pearce, who in January 2011 had risen the right way."[117]

to become President of the Arizona Senate, suffered a Some Latino leaders have compared the law to

startling defeat when he lost a November 2011 recall Apartheid in South Africa or the Japanese American in-

election.[103] Among the reasons given for his loss were ternment during World War II.[27][118]

the desire for greater civility in politics and a lessening Los Angeles Councilwoman Janice Hahn and Con-

of the tension over immigration policy, and a loss of sup- gressman Jared Polis of Colorado also said the law’s re-

port for Pearce among LDS Church members based on quirement to carry papers all the time was reminiscent of

character issues.[103][104][105]) the anti-Jewish legislation in prewar Nazi Germany and

The U.S. Conference of Catholic Bishops denounced feared that Arizona was headed towards becoming a po-

the law, characterizing it as draconian and saying it lice state.[67][119] Cardinal Roger Mahony of Los Angeles

"could lead to the wrongful questioning and arrest of U.S. said, "I can’t imagine Arizonans now reverting to German

citizens."[106] The National Council of Churches also crit- Nazi and Russian Communist techniques whereby people

icized the law, saying that it ran counter to centuries are required to turn one another in to the authorities on

of biblical teachings regarding justice and neighborli- any suspicion of documentation."[120]

ness.[107] The Anti-Defamation League called for an end to the

Other members of the Christian clergy differed on comparisons with Nazi Germany, saying that no matter

the law.[108] United Methodist Church Bishop Minerva G. how odious or unconstitutional the Arizona law might

Carcaño of Arizona’s Desert Southwest Conference op- be, it did not compare to the role that Nazi identity cards

posed it as "unwise, short sighted and mean spirited"[109] played in what eventually became the extermination of

and led a mission of prominent religious figures to Wash- European Jews.[121]

ington to lobby for comprehensive immigration re- In its final form, HB 2162 limits the use of race. It

form.[110][111] But others stressed the Biblical command states: "A law enforcement official or agency of this state

to follow laws.[108] While there was a perception that or a county, city, town or other political subdivision of

most Christian groups opposed the law, Mark Tooley of this state may not consider race, color or national origin

the Institute on Religion and Democracy said that immi- in implementing the requirements of this subsection ex-

gration was a political issue that "Christians across the cept to the extent permitted by the United States or Ari-

spectrum can disagree about" and that liberal churches zona Constitution."[9] The U.S. and Arizona supreme

were simply more outspoken on this matter.[108] courts have held that race may be considered in enforc-

ing immigration law. In United States v. Brignoni-Ponce, the

Concerns over potential civil rights vio- U.S. Supreme Court found: “The likelihood that any given

lations person of Mexican ancestry is an alien is high enough

to make Mexican appearance a relevant factor.”[122] The

The National Association of Latino Elected and Appointed

Arizona Supreme Court agrees that “enforcement of im-

Officials said the legislation was "an unconstitutional and

migration laws often involves a relevant consideration of

costly measure that will violate the civil rights of all Ari-

ethnic factors.”[123] Both decisions say that race alone,

zonans."[112] Mayor Chris Coleman of Saint Paul, Min-

however, is an insufficient basis to stop or arrest.

nesota, labeled it as "draconian" as did Democratic Texas

House of Representatives member Garnet Cole-

Protests

man.[113][114] Edwin Kneedler, the U.S. Deputy Solicitor

General, also criticized the legislation for its potential in- Thousands of people staged protests in state capital

fringement on the civil liberties of Arizona’s citizens and Phoenix over the law around the time of its signing, and

lawful permanent residents. [115] a pro-immigrant activist called the measure

Proponents of the law have rejected such criticism, "racist".[44][124] Passage of the HB 2162 modifications to

and argued that the law was reasonable, limited, and the law, although intended to address some of the criti-

carefully crafted.[116] Stewart Baker, a former Homeland cisms of it, did little to change the minds of the law’s op-

Security official in the George W. Bush administration, ponents.[60][125]

said, "The coverage of this law and the text of the law are Tens of thousands of people demonstrated against

a little hard to square. There’s nothing in the law that re- the law in over 70 U.S. cities on May 1, 2010, a day tra-

quires cities to stop people without cause, or encourages ditionally used around the world to assert workers’

racial or ethnic profiling by itself."[42] rights.[15][126][127] A rally in Los Angeles, attended by Car-

Republican member of the Arizona House of Repre- dinal Mahoney, attracted between 50,000 and 60,000 peo-

sentatives Steve Montenegro supported the law, saying ple, with protesters waving Mexican flags and chanting

that "This bill has nothing to do with race or profil- "Sí se puede".[15][126][128] The city had become the na-

ing."[117] Montenegro, who legally immigrated to the U.S. tional epicenter of protests against the Arizona law.[128]





7

From Wikipedia, the free encyclopedia Arizona SB 1070





on the Diamondbacks because owner Ken Kendrick had

been a prominent fundraiser in Republican causes, but he

in fact opposed the law.[136] The Phoenix Suns of the Na-

tional Basketball Association wore their "Los Suns" uni-

forms normally used for the league’s "Noche Latina" pro-

gram for their May 5, 2010 (Cinco de Mayo) playoff game

against the San Antonio Spurs to show their support for

Arizona’s Latino community and to voice disapproval of

the immigration law.[137] The Suns’ political action, rare

in American team sports, created a firestorm and drew

opposition from many of the teams’ fans;[138] President

Obama highlighted it, while conservative radio commen-

tator Rush Limbaugh called the move "cowardice, pure

Protesters being arrested as part of the May 1, 2010, civil dis-

obedience display in front of the White House and simple."[139]





Around 25,000 people were at a protest in Dallas, and

Boycotts

more than 5,000 were in Chicago and Milwaukee, while Boycotts of Arizona were organized in response to

rallies in other cities generally attracted around a thou- SB 1070, with resolutions by city governments being

sand people or so.[126][127] Democratic U.S. Congressman among the first to materialize.[67][140][141][142] The gov-

from Illinois Luis Gutiérrez was part of a 35-person group ernment of San Francisco, the Los Angeles City Council,

arrested in front of the White House in a planned act and city officials in Oakland, Minneapolis, Saint Paul,

of civil disobedience that was also urging President Oba- Denver, and Seattle all took specific action, usually by

ma to push for comprehensive immigration reform.[129] banning some of their employees from work-related

There and in some other locations, demonstrators ex- travel to Arizona or by limiting city business done with

pressed frustration with what they saw as the adminis- companies headquartered in Arizona.[3][113][142][143]

tration’s lack of action on immigration reform, with signs In an attempt to push back against the Los Angeles

holding messages such as "Hey Obama! Don’t deport my City Council’s action, which was valued at $56 million,[3]

mama."[127] Arizona Corporation Commissioner Gary Pierce sent a

Protests both for and against the Act took place over letter to Los Angeles Mayor Antonio Villaraigosa, sug-

Memorial Day Weekend in Phoenix and commanded gesting that he’d "be happy to encourage Arizona util-

thousands of people.[130] Those opposing it, mostly con- ities to renegotiate your power agreements so that Los

sisting of Latinos, marched five miles to the State Capitol Angeles no longer receives any power from Arizona-

in high heat, while those supporting it met in a stadium based generation."[144] Such a move was infeasible for

in an event arranged by elements of the Tea Party move- reasons of ownership and governance, and Pierce later

ment.[130] stated that he was not making a literal threat to cut pow-

Protests against the law extended to the arts and er to the city.[144]

sports world as well. Colombian pop singer Shakira came

to Phoenix and gave a joint press conference against the

bill with Mayor of Phoenix Phil Gordon.[131] Linda Ron-

stadt, of part Mexican descent and raised in Arizona, also

appeared in Phoenix and said, "Mexican-Americans are

not going to take this lying down."[132] A May 16 concert

in Mexico City’s Zócalo, called Prepa Si Youth For Dignity: Arizona’s convention business, such as here at the Phoenix

We Are All Arizona, drew some 85,000 people to hear Molo- Convention Center, was a prime target of boycott efforts.

tov, Jaguares, and Maldita Vecindad headline a seven-

hour show in protest against the law.[133] U.S. Congressman Raúl Grijalva, from Arizona’s 7th

The Major League Baseball Players Association, of congressional district, had been the first prominent of-

whose members one quarter are born outside the U.S., ficeholder to call for an economic boycott of his state, by

said that the law "could have a negative impact on hun- industries from manufacturing to tourism, in response to

dreds of major league players," especially since many SB 1070.[145] His call was echoed by La Opinión, the na-

teams come to Arizona for spring training, and called for tion’s largest Spanish-language newspaper.[140] Calls for

it to be "repealed or modified promptly."[134] A Major various kinds of boycotts were also spread through so-

League Baseball game at Wrigley Field where the Arizona cial media sites, and there were reports of individuals or

Diamondbacks were visiting the Chicago Cubs saw groups changing their plans or activities in protest of the

demonstrators protesting the law.[135] Protesters focused law.[124][140][146][147] The prospect of an adverse econom-





8

From Wikipedia, the free encyclopedia Arizona SB 1070





ic impact made Arizonan business leaders and groups

nervous,[67][124][146] and Phoenix officials estimated that

the city could lose up to $90 million in hotel and con-

vention business over the next five years due to the con-

troversy over the law.[148] Phoenix Mayor Gordon urged

people not to punish the entire state as a conse-

quence.[140]

Major organizations opposing the law, such as the

National Council of La Raza, refrained from initially sup-

porting a boycott, knowing that such actions are difficult

to execute successfully and even if done cause broad eco-

nomic suffering, including among the people they are

supporting.[16] Arizona did have a past case of a large-

Calls to boycott the 2011 Major League Baseball All-Star Game

scale boycott during the late 1980s and early 1990s, when were ineffective.

it lost many conventions and several hundred million

dollars in revenues after Governor Evan Mecham’s can-

ico City, said it would not schedule Mexican boxers to

cellation of a Martin Luther King, Jr. Day state holiday

fight in the state.[135]

and a subsequent failed initial referendum to restore

A boycott by musicians saying they would not stage

it.[16] La Raza subsequently switched its position regard-

performances in Arizona was started by Zack de la Rocha,

ing SB 1070 and became one of the leaders of the boycott

the lead singer of Rage Against the Machine and the son

effort.[149]

of Beto de la Rocha of Chicano art group Los Four, who

The Arizona Hispanic Chamber of Commerce opposed

said, "Some of us grew up dealing with racial profiling,

both the law and the idea of boycotting, saying the latter

but this law (SB 1070) takes it to a whole new

would only hurt small businesses and the state’s econo-

low."[155][156] Called the Sound Strike, artists signing on

my, which was already badly damaged by the collapse of

with the effort included Kanye West, Cypress Hill, Mas-

real estate prices and the late-2000s recession.[150] Other

sive Attack, Conor Oberst, Sonic Youth, Joe Satriani, Rise

state business groups opposed a boycott for the same rea-

Against, Tenacious D, The Coup, Gogol Bordello, and Los

sons.[151] Religious groups opposed to the law split on

Tigres del Norte.[155][156] Some other Spanish-language

whether a boycott was advisable, with Bishop Carcaño

artists did not join this effort but avoided playing in Ari-

saying one "would only extend our recession by three to

zona on their tours anyway; these included Pitbull, Wisin

five years and hit those who are poorest among us."[111]

& Yandel, and Conjunto Primavera.[155] The Sound Strike

Representative Grijalva said he wanted to keep a boycott

boycott failed to gain support from many area- or

restricted to conferences and conventions and only for

stadium-level acts, and no country music acts signed

a limited time: "The idea is to send a message, not grind

on.[157] Elton John very publicly oppposed such efforts,

down the state economy."[16] Governor Brewer said that

saying at a concert performance in Tucson: "We are all

she was disappointed and surprised at the proposed boy-

very pleased to be playing in Arizona. I have read that

cotts – "How could further punishing families and busi-

some of the artists won’t come here. They are fuckwits!

nesses, large and small, be a solution viewed as construc-

Let’s face it: I still play in California, and as a gay man I

tive?" – but said that the state would not back away from

have no legal rights whatsoever. So what’s the fuck up

the law.[152] President Obama took no position on the

with these people?"[158] By November 2010, Pitbull had

matter, saying, "I’m the president of the United States,

announced a change of heart, playing a show in Phoenix

I don’t endorse boycotts or not endorse boycotts. That’s

because large parts of the law had been stopped by the

something that private citizens can make a decision

judicial action.[159] My Chemical Romance, an original

about."[66]

Sound Strike participant, supposedly dropped out and

Sports-related boycotts were proposed as well. U.S.

scheduled a show in the state as well[160] (however, the

Congressman from New York José Serrano asked baseball

following day the show was cancelled and the band apol-

commissioner Bud Selig to move the 2011 Major League

ogized, explaining that it was an error with tour schedul-

Baseball All-Star Game from Chase Field in Phoenix.[135]

ing and it should not have been booked in the first place

The manager of the Chicago White Sox, Ozzie Guillen,

due to "the band’s affiliation with The Sound Strike"

stated that he would boycott that game "as a Latin Amer-

).[161] De la Rocha said Sound Strike would continue de-

ican" and several players indicated they might as

spite the injunction against large parts of SB 1070 in or-

well.[153][154] Selig refused to move the game and it took

der to battle Arizona’s "racist and fear mongering state

place as scheduled a year later, with no players or coach-

government" and until the Obama administration

es staying away.[154] Two groups protesting outside the

stopped participating in federal actions such as the

stadium drew little interest from fans eager to get into

287(g) program, Secure Communities, and other U.S. Im-

the game.[154] The World Boxing Council, based in Mex-



9

From Wikipedia, the free encyclopedia Arizona SB 1070





migration and Customs Enforcement poli- tributing to the decline.[174] The government of Mexi-

cies.[159][161][162] co reported that over 23,000 of its citizens returned to

In reaction to the boycott talk, proponents of the the country from Arizona between June and September

law advocated making a special effort to buy products 2010.[174]

and services from Arizona in order to indicate support The weeks after the bill’s signing saw a sharp increase

for the law.[163][164] These efforts, sometimes termed a in the number of Hispanics in the state registering their

"buycott", were spread by social media and talk radio as party affiliations as Democrats.[64]

well as by elements of the Tea Party movement.[163][164] The Arizona legislation was one of several reasons

Some supporters of the law and legal scholars have also pushing Democratic congressional leaders to introduce a

suggested that the city government boycotts of Arizona proposal addressing immigration.[175] Senator Schumer

represent an unconstitutional violation of the Interstate sent a letter to Governor Brewer asking her to delay the

Commerce Clause.[165][166] law while Congress works on comprehensive immigra-

By early May, the state had lost a projected $6–10 mil- tion reform, but Brewer quickly rejected the propos-

lion in business revenue, according to the Arizona Ho- al.[176]

tel & Lodging Association.[151] However, an increase in Bills similar to SB 1070 were introduced in Pennsyl-

leisure travel and an overall economic recovery more vania, Rhode Island, Michigan, Minnesota, and South

than compensated for the business travel loss; by July, Carolina.[177][178] None of them went to final votes in

overall hotel occupancy rates and revenues were up from 2010; politicians in nearly twenty states are proposing

the same period in 2009.[167] The president of the Greater to introduce similar legislation during their 2011 legisla-

Phoenix Economic Council said, "Fundamentally, the tive calendars.[177] Such proposals drew strong reaction

boycotts have been unsuccessful."[167] A November 2010 both for and against,[179] and some states may have wait-

study by the progressive-oriented Center for American ed to see how the Arizona law fares in the courts before

Progress stated that the boycott had so far cost the state moving forward.[21] The other states along the Mexican

economy as much as $141 million in lost revenues, in- border – Texas, New Mexico, and California – generally

cluding $45 million in the lodging industry.[168] However, showed little interest in following Arizona’s path.[31] This

an examination at the same time by the Associated Press was due to their having established, powerful Hispanic

found that while the boycott had been disruptive in some communities, deep cultural ties to Mexico, past experi-

areas, it had had nowhere near the effect some had orig- ence with bruising political battles over the issue (such

inally imagined.[169] Visitors at Grand Canyon National as with California Proposition 187 in the 1990s), and the

Park were up from the year before, several well-known perception among their populations that illegal immigra-

Arizona-based companies that were targeted said they tion was less severe a problem.[31]

had seen no effect from it, and the actions by the San By March 2011, Arizona-like bills had been defeated

Francisco and Los Angeles city governments had resulted or had failed to progress in at least six states and mo-

in few practical consequences.[169] Sports-related boy- mentum had shifted against such imitative efforts.[180]

cotts, such as of the Fiesta Bowl, sponsor Frito-Lay and Reasons ranged from opposition from business leaders to

beer distributor Hensley & Co., had also had no ef- fear among legislators of the legal costs of defending any

fect.[170] In September 2011 La Raza and two associated adopted measure.[180] One state that did pass a law based

groups called off their boycott, saying that the action had partly on SB 1070, Utah, combined it with a guest work-

been successful in discouraging some other states from er program that went in the other direction[180] (and fit

passing SB 1070-like laws and that continuing the boy- into the spirit of the Utah Compact). Even in Arizona it-

cott would only punish businesses and workers.[171] self, additional tough measures against illegal immigra-

tion were having a difficult time gaining passage in the

Impact Arizona Senate.[180] Other states were still waiting to see

what the outcome of the legal battles would be.[181] By

Some Christian churches in Arizona with large immi- September 2011, Indiana, Georgia, and South Carolina

grant congregations reported a 30 percent drop in their had passed somewhat similar measures and were facing

attendance figures.[111] Schools, businesses, and health legal action.[171] Another anti-illegal immigration mea-

care facilities in certain areas also reported sizable drops sure, Alabama HB 56, was considered tougher even than

in their numbers.[172][173] That and the prevalence of SB 1070; it was signed into law in June 2011 and most

yard sales suggested illegal immigrants were leaving Ari- of its key parts were upheld by a U.S. district judge in

zona, with some returning to Mexico and others moving September 2011.[182][183]

to other U.S. states.[172][173] A November 2010 study by Some immigration experts said the law might make

BBVA Bancomer based upon Current Population Survey workers with H-1B visas vulnerable to being caught in

figures stated that there were 100,000 fewer Hispanics in public without their hard-to-replace paperwork, which

Arizona than before the debate about the law began; it they are ordinarily reluctant to carry with them on a

said Arizona’s poor economic climate could also be con- daily basis, and that as a consequence universities and



10

From Wikipedia, the free encyclopedia Arizona SB 1070





technology companies in the state might find it harder of the Act’s criminal provisions. The U.S. Attorney Gen-

to recruit students and employees.[184] Some college and eral may enter into a written agreement with a state or

university administrators shared this fear, and President local government agency, under which that agency’s em-

Robert N. Shelton of the University of Arizona expressed ployees perform the function of an immigration officer

concern regarding the withdrawal of a number of honor in relation to the investigation, apprehension, or deten-

roll students from the university in reaction to this tion of aliens in the United States;[193] however, such an

bill.[185] agreement is not required for the agency’s employees to

Some women with questionable immigration status perform those functions.[194]

have been avoiding domestic abuse hotlines and shelters On the other hand, various legal experts were divided

for fear of deportation.[186] Some critics of SB 1070 fear on whether the law would survive a court challenge, with

that it will serve as a roadblock to victims getting needed one law professor saying it "sits right on that thin line

support, while supporters say such concerns are un- of pure state criminal law and federally controlled immi-

founded and that the Act is directed towards criminals, gration law."[42] Past lower court decisions in this area

not victims.[187] were not always consistent and a decision on the bill’s le-

While a few provisions of the law were left standing gality from the U.S. Supreme Court is one possible out-

following the July 2010 blockage of the most controver- come.[42]

sial parts, authorities often kept following existing local

ordinances in those areas in preference to using the new Court actions filed against the Act

SB 1070 ones.[188][189] One county sheriff said, "The On April 29, 2010, the National Coalition of Latino Clergy

whole thing is still on the shelf until the Supreme Court and Christian Leaders and a Tucson police officer, Martin

hears it."[189] However, the training that police forces Escobar, were the first to file suit against SB 1070, with

had gone through to avoid racial profiling and under- each doing so separately in federal court.[195][196] The

stand federal immigration policies still had a beneficial National Coalition’s filing claimed that the law usurped

effect overall.[188] federal responsibilities under the Supremacy Clause, and

also that it lends itself to racial profiling by imposing a

Challenges to legality and con- "reasonable suspicion" requirement upon police officers

to check the immigration status of those they come in of-

stitutionality ficial conduct with, which will in turn be subject to too

much personal interpretation by each officer.[196][197] Es-

The Supremacy Clause vs. concurrent cobar’s suit argued that there was no race-neutral crite-

enforcement ria available to him to suspect that a person was an ille-

gal immigrant, and that implementation of the law would

The American Civil Liberties Union (ACLU) criticized the

hinder police investigations in areas that were predomi-

statute as a violation of the Supremacy Clause of the

nantly Hispanic.[95][198] The suit also claimed the Act vi-

United States Constitution, which gives the federal gov-

olated federal law because the police and the city have

ernment authority over the states in immigration mat-

no authority to perform immigration-related duties.[198]

ters and provides that only the federal government can

The Tucson police department made clear that Escobar

enact and enforce immigration laws.[29][190] Erwin Che-

was not acting on its behalf, and they received many calls

merinsky, a constitutional scholar and dean of the

from citizens complaining about his suit.[198]

University of California, Irvine School of Law says that

A Phoenix police officer, David Salgado, quickly fol-

"The law is clearly pre-empted by federal law under

lowed with his own federal suit, claiming that to enforce

Supreme Court precedents."[42]

the law he would be required to violate the rights of His-

According to one of the bill’s authors (Kobach), the

panics.[199] He also said that he would be forced to spend

law embodies the doctrine of "concurrent enforcement"

his own time and resources studying the law’s require-

– i.e., that the state law parallels applicable federal law

ments, and that he was liable to being sued whether he

without any conflict[42][191] – and Kobach stated that he

enforced the law or not.[199][200] Another individual suit

believes it would thus survive any challenge: "There are

was filed by Roberto Javier Frisancho, a naturalized citi-

some things that states can do and some that states can’t

zen and Washington, D.C., resident who said he planned

do, but this law threads the needle perfectly.... Arizona

to visit the state to conduct research.[201]

only penalizes what is already a crime under federal

On May 5, Tucson and Flagstaff became the first two

law."[41] State Senator Pearce noted that some past state

cities to authorize legal action against the state over the

laws on immigration enforcement had been upheld in

Act;[125] San Luis later joined them.[202] However, as of

federal courts.[29] In Gonzales v. City of Peoria (9th Cir.

mid-late May, none of them had actually filed a suit.[201]

1983),[192] the Court held that the Immigration and Nat-

In late May, though, the city of Tucson filed a cross-claim

uralization Act precludes local enforcement of the Act’s

and joined Officer Escobar in his suit.[203]

civil provisions but does not preclude local enforcement



11

From Wikipedia, the free encyclopedia Arizona SB 1070





On May 17, a joint class action lawsuit, Friendly House light on legal arguments."[40] In late May 2010, Governor

et al. v. Whiting, was filed in U.S. District Court on behalf Brewer issued an executive order to create the Gover-

of ten individuals and fourteen labor, religious, and civil nor’s Border Security and Immigration Legal Defense

rights organizations.[164][201][202][204] The legal counsel Fund to handle suits over the law.[210][211] Brewer got in-

filing the action, which is the largest of those filed, is a to a dispute with Arizona Attorney General Terry God-

collaboration of the ACLU, the Mexican American Legal dard over whether he would defend the law against legal

Defense and Educational Fund, the National Immigration challenges, as a state attorney general normally

Law Center, the National Association for the Advance- would.[130] Brewer accused Goddard, who opposed the

ment of Colored People, the National Day Laborer Or- law personally and was one of Brewer’s possible rivals in

ganizing Network, and the Asian Pacific American Legal the gubernatorial election, of colluding with the U.S. Jus-

Center.[201] The suit seeks to prevent SB 1070 from going tice Department as it deliberated whether to challenge

into effect by charging that it: the law in court.[130] Goddard subsequently agreed to

• violates the federal Supremacy Clause by attempting withdraw from the state’s defense.[210] (Goddard did get

to bypass federal immigration law; the Democratic nomination, and Brewer went on to de-

• violates the Fourteenth Amendment and Equal feat him by a 54 to 42 percent margin in the November

Protection Clause rights of racial and national origin 2010 gubernatorial general election.)

minorities by subjecting them to stops, detentions,

and arrests based on their race or origin; Department of Justice lawsuit

• violates the First Amendment rights of freedom of Main article: United States of America v. Arizona

speech by exposing speakers to scrutiny based on The United States Department of Justice filed a lawsuit

their language or accent; against the state of Arizona in the U.S. District Court for

• violates the Fourth Amendment’s prohibition of the District of Arizona on July 6, 2010, asking that the

unreasonable searches and seizures because it allows law be declared invalid since it interferes with the im-

for warrantless searches in absence of probable migration regulations "exclusively vested in the feder-

cause; al government."[24][212] In a brief to the press, the de-

• violates the Fourteenth Amendment’s Due Process partment’s lawyers referenced the notion of federal pre-

Clause by being impermissibly vague; emption and stated that, "The Constitution and the fed-

• and infringes on constitutional provisions that eral immigration laws do not permit the development

protect the right to travel without being stopped, of a patchwork of state and local immigration policies

questioned, or detained.[201] throughout the country,"[213] and that "The immigration

This suit named County’s Attorney and Sheriffs as de- framework set forth by Congress and administered by

fendants, rather than the State of Arizona or Governor federal agencies reflects a careful and considered balance

Brewer as the earlier suits had.[201][202] On June 4, the of national law enforcement, foreign relations, and hu-

ACLU and others filed a request for an injunction, argu- manitarian concerns – concerns that belong to the nation

ing that the Act’s scheduled start date of July 29 should be as a whole, not a single state."[24] This pointed to an addi-

postponed until the underlying legal challenges against tional practical argument, that being that the law would

it are resolved.[205] result in federal authorities losing focus on their broader

Arizona Attorneys for Criminal Justice, the state af- priorities in order to deal with an influx of deportations

filiate of the National Association of Criminal Defense from Arizona.[213] The Justice Department requested that

Lawyers, alleged in an amicus curiae brief for the ACLU the federal courts issue an injunction to enjoin enforce-

et al. case that the prolonged detentions mandated by ment of the law before it goes into effect.[24] The suit

the law when there is reasonable suspicion that someone does not argue that the law will lead to racial profiling,

subject to a lawful stop is an illegal alien are justifiable although department officials said they would continue

only under the probable cause standard and thus that to monitor that aspect when and if the measure went in-

the law requires violations of Fourth Amendment to effect.[213]

rights.[206][207] The Anti-Defamation League also filed an A direct suit of a state by the federal government is

amicus curiae brief in support of this case.[208] So too did rare, and the action held possible political consequences

the Government of Mexico, saying the law is unconsti- for the 2010 U.S. midterm elections as well.[213] It was

tutional, would lead to unlawful discrimination against also seen as a preemptive measure to discourage other

Mexican citizens, and would damage bilateral relations states considering similar laws from moving forward

between the two nations.[209] Indeed, so many amicus cu- with them.[214] Immediate reaction to the Justice Depart-

riae briefs have been filed regarding the law that size lim- ment’s decision was highly split, with liberal groups hail-

its were imposed upon them.[210] ing it but with Governor Brewer calling it "nothing more

Kobach remained optimistic that the suits would fail, than a massive waste of taxpayer funds."[213] Senators

saying "I think it will be difficult for the plaintiffs chal- Kyl and McCain released a joint statement noting that

lenging this. They are heavy on political rhetoric but



12

From Wikipedia, the free encyclopedia Arizona SB 1070





"the American people must wonder whether the Obama prevent state officials from maintaining "sanctuary city"

Administration is really committed to securing the bor- policies and allowing civil suits against those policies, the

der when it sues a state that is simply trying to protect its mandating that state officials work with federal officials

people by enforcing immigration law."[212] Congressman on matters related to illegal immigration, and the prohi-

Darrell Issa, one of nineteen Republicans to sign a letter bition against stopping a vehicle in traffic to pick up day

criticizing the suit on the day it was announced, said "For laborers.[219][226] These parts of the law were not chal-

President Obama to stand in the way of a state which has lenged by the Justice Department, but were in some of

taken action to stand up for its citizens against the daily the other suits.[219]

threat of violence and fear is disgraceful and a betrayal of A three-judge panel from the Ninth Circuit heard ar-

his Constitutional obligation to protect our citizens."[214] guments in the appeal case on November 1, 2010, and

The federal action also led to a surge in contributions to gave indications that it might reinstate but weaken parts

the governor’s defense fund for the law; by July 8, total of the law.[228]

donations were over $500,000, with the large majority of In February 2011, Arizona filed a countersuit against

them being for $100 or less and coming from around the the federal government in the United States v. Arizona

nation.[210] case, accusing it of failing to secure the Mexican border

The Arizona Latino Republican Association became against large numbers of illegal immigrants.[229] Arizona

the first Latino organization to come out in support of Attorney General Tom Horne acknowledged that prece-

SB 1070 and filed a motion to intervene against the Jus- dent surrounding sovereign immunity in the United

tice Department’s lawsuit challenging it.[215] An attempt States made the state’s case difficult, but said, "We’re ask-

in the U.S. Senate to block funding for the Justice Depart- ing the 9th Circuit to take a second look."[229]

ment’s lawsuit lost by a 55–43 vote that was mostly along On April 11, 2011, the Ninth Circuit panel upheld the

party lines.[216] district court’s ban on parts of the law taking effect, thus

ruling in favor of the Obama administration and against

Hearings and rulings Arizona. Judge Richard Paez gave the majority opinion,

Hearings on three of the seven lawsuits were held on in which Judge John T. Noonan, Jr. joined; Judge Carlos

July 15 and 22, 2010, before U.S. District Judge Susan Bea dissented in part.[181][230] Paez agreed with the ad-

Bolton.[217][218][219] Judge Bolton asked pointed ques- ministration’s view that the state had intruded upon fed-

tions of each side during both hearings, but gave no indi- eral prerogatives. Noonan wrote in his concurrence: "The

cation of how or when she would rule.[218][220][221] Arizona statute before us has become a symbol. For those

On July 28, 2010, Judge Bolton issued a ruling on the sympathetic to immigrants to the United States, it is a

Justice Department suit, United States of America v. Arizona, challenge and a chilling foretaste of what other states

granting a preliminary injunction that blocked the most might attempt."[230] On May 9, 2011, Governor Brewer

key and controversial portions of SB 1070 from going into announced that Arizona would appeal directly to the U.S.

effect.[25][219][222] These included requiring police to Supreme Court rather than request a hearing en banc be-

check the immigration status of those arrested or fore the Ninth Circuit;[231] that appeal was filed on Au-

stopped, which the judge ruled would overwhelm the gust 10, 2011.[232] In response, the Justice Department re-

federal government handling of immigration cases, and quested that the Supreme Court stay out of the case, say-

could mean that legal immigrants would be wrongly ar- ing that the lower courts actions were appropriate.[233]

rested.[223] Judge Bolton wrote that "Federal resources Observers thought it likely that the Supreme Court would

will be taxed and diverted from federal enforcement pri- take up the matter,[232] but if it declined to step in, the

orities as a result of the increase in requests for immi- case most likely would be returned to the trial judge in

gration status determination that will flow from Ari- the District Court to review the case on it merits and de-

zona."[223] Her ruling was not a final decision, but rather termine whether the temporary injunction that blocked

was based on the belief that the Justice Department was the law’s most controversial provisions should become

likely, but not certain, to win a full later trial in federal permanent.[234] Bolton’s court continues to oversee the

court on these aspects.[219] Judge Bolton made no rulings other lawsuits.[181]

in the other six lawsuits.[219] Governor Brewer said that

the injunction would be appealed,[25] and on July 29 this See also

was done in the United States Court of Appeals for the

Ninth Circuit in San Francisco.[224][225] State Senator • Illegal immigration in the United States

Pearce predicted that the legal battle would eventually • Chandler Roundup

end up in the Supreme Court and likely be upheld by a • Special Order 40

5–4 margin.[226][227] • Sanctuary city

Judge Bolton’s ruling let a number of other aspects

of the law take effect on July 29, including the ability to





13

From Wikipedia, the free encyclopedia Arizona SB 1070





Notes arizona/

arizona_voters_favor_welcoming_immigration_policy_64_suppor

[1] ^ Rough, Ginger (June 4, 2010). "Brewer calls [18] ^ "Nationally, 60% Favor Letting Local Police Stop

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[2] ^ Archibold, Randal C. (April 24, 2010). "U.S.’s immigration/

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2010/04/24/us/politics/24immig.html?ref=us. show broad support for tough Arizona immigration

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CNN. May 13, 2010. http://www.cnn.com/2010/ http://www.csmonitor.com/USA/Society/2010/

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individual countries and by the Visa Waiver NewsMax.com. http://newsmax.com/Newsfront/

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[6] ^ 8 U.S.C. § 1302 357991.

[7] ^ 8 U.S.C. § 1304(e) [22] "General Effective Dates". Arizona State

[8] ^ Arizona SB 1070, §3. Legislature. http://www.azleg.gov/

[9] ^ Arizona HB 2162, §3. GeneralEffectiveDates.asp. Retrieved April 30,

[10] ^ Arizona SB 1070, §2. 2010.

[11] ^ Arizona SB 1070, §5. [23] Arizona State Legislature. "Ariz. Rev. Stat. § 1-103".

[12] Arizona SB 1070, §1. http://www.azleg.gov/ars/1/00103.htm. Retrieved

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public_content/politics/general_state_surveys/ articles/2010/04/25/20100425immigration-bill-

jan-brewer-arizona.html.



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New York Times. http://www.nytimes.com/2010/ [231] Rough, Ginger (May 9, 2011). "Gov. Jan Brewer

07/16/us/politics/16arizona.html. wants Supreme Court to overturn SB 1070 ruling".

[221] Riccardi, Nicholas (July 23, 2010). "Judge doubts The Arizona Republic. http://www.azcentral.com/

constitutionality of a portion of Arizona’s news/election/azelections/articles/2011/05/09/

immigration law". Los Angeles Times. 20110509sb1070-appeal-arizona-next-

http://www.latimes.com/news/nationworld/ step09-ON.html.

nation/la-na-arizona- [232] ^ Billeaud, Jacques (August 10, 2011). "Brewer Asks

immigration-20100723,0,3498774.story. Court to Hear Immigration Law Appeal". Associated

[222] United States v. Arizona, et al. Order on Preliminary Press. ABC News. http://abcnews.go.com/US/

Injunction wireStory?id=14269527.

[223] ^ Dinan, Stephen (July 28, 2010). "Judge blocks key [233] "Gov’t asks justices to stay out of immigration

parts of Ariz. immigration law". The Washington case". USA Today. Associated Press. November 10,

Times. http://www.washingtontimes.com/news/ 2011. http://www.usatoday.com/news/

2010/jul/28/judge-blocks-key-parts-ariz- washington/judicial/story/2011-11-10/arizona-

immigration-law/. immigration-law-supreme-court/51159948/1.

[224] Christie, Bob (July 30, 2010). "Amid protests, [234] Aliaskari, Mahsa (May 2, 2011). "The Ninth Circuit

Arizona appeals ruling on state immigration law". and Arizona’s S.B. 1070". The National Law Review.

The Boston Globe. Associated Press. http://www.natlawreview.com/article/ninth-

http://www.boston.com/news/nation/articles/ circuit-and-arizona-s-sb-1070.

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References

amid_protests_arizona_appeals_ruling_on_state_immigration_law/.

[225] Documents related to the appeal in USA v. State of

Arizona, No. 10-16645, are available on the web site • "State of Arizona: 2010 Arizona Session Laws,

for the Ninth Circuit Court of Appeals: Judge Chapter 113, Forty-ninth Legislature, Second Regular

Bolton’s Order granting the preliminary injunction, Session: Senate Bill 1070: House Engrossed Senate

the Motion to Expedite Briefing and Hearing Bill: immigration; law enforcement; safe

Schedule by the State of Arizona, and the Response neighborhoods (NOW: safe neighborhoods;

to Motion to Expedite by the United States. immigration; law enforcement)". Arizona State

[226] ^ "Arizona Immigration Law Still a ’Powerful Legislature. http://www.azleg.gov/

Deterrent,’ Supporters Say". Fox News. July 28, FormatDocument.asp?inDoc=/legtext/49leg/2r/

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From Wikipedia, the free encyclopedia Arizona SB 1070





• "State of Arizona: Forty-ninth Legislature, Second • House Engrossed Senate Bill SB 1070, as enacted,

Regular Session 2010: Session Laws, Chapter 211, Arizona Governor website.

House Bill 2162: Conference Version". Arizona State • Conference engrossed Bill HB 2162 Amending SB

Legislature. http://www.azleg.gov/ 1070, as enacted, Arizona Governor website.

FormatDocument.asp?inDoc=/legtext/49leg/2R/ • United States Code Title 8 – Aliens and Nationality

laws/0211.htm. Retrieved May 4, 2010. • SB1070 Public Information Center – Arizona Peace

Officer Standards and Training Board

External links • Gabriel J. Chin, Carissa Byrne Hessick, Toni Massaro

& Marc Miller, Arizona Senate Bill 1070: A Preliminary

• Documents for SB 1070 at the Arizona State Report, Social Science Research Network

Legislature • Keith Gaddie & Kelly Damphousse, editors. Social

• Documents for HB 2162 at the Arizona State Science Quarterly virtual issue: Immigration on the One

Legislature Year Anniversary of Arizona SB 1070.

• SB1070 as amended by HB 2162 (combined version), • Fact sheet for S.B. 1070 (Hoja de resumen para la S.B.

unofficial but provided by Arizona State Legislature 1070)









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