Arizona Senate Bill 1070

Introduction

On April 23, 2010 Arizona Governor Jan Brewer signed Senate Bill 1070 into law. The controversial bill gives Arizona law enforcement the authority to stop people whom officers have "reasonable suspicion" of being in the country illegally, detain these individuals while verifying immigration status, and arrest undocumented immigrants for transfer to ICE custody. The bill, also known as the "Support Our Law Enforcement and Safe Neighborhoods Act" also makes it a crime to be in the state illegally and to provide transportation to someone you know is undocumented.

Arizona, which borders Mexico, has approximately 460,000 illegal immigrants within its borders. As a state struggling with frequent illegal crossings from Mexico, the Arizona legislature historically has adopted stringent sanctions against the illegal immigrant population. In 2007, Arizona enacted the Legal Arizona Workers Act (LAWA), prohibiting an employer from knowingly or intentionally employing an unauthorized alien and establishing penalties for employers in violation.

Main Provisions of the Bill

The provisions of the law are intended to work together to discourage and deter “the unlawful entry and presence of illegal aliens and economic activity by illegal aliens in the United States.” The following is a summary of the main provisions of the bill.

Declares attrition through enforcement to be the official policy of state and local government agencies in Arizona. (§ 1, page 1).

Prohibits local police agencies from adopting sanctuary-type policies that limit or restrict enforcement of federal immigration laws. (§ 2(A), page 1).

During a lawful stop, directs law enforcement officers to determine immigration status of individuals who they reasonably suspect to be illegal aliens, and for all persons who are arrested. (§ 2(B), page 1).

Provides that persons who present any federal, state or local identification documents that require verification of lawful status (e.g., an Arizona driver's license) when issued are presumed to be lawfully present. (§ 2(B), page 1).

Authorizes law enforcement agencies to securely transfer verified illegal aliens into federal custody. (§ 2(D), page 2).

Prohibits state officials and agencies from imposing bans or restrictions on sending, receiving, or maintaining information relating to an individual's immigration status, or exchanging it with any other federal, state, or local governmental entity for these purposes (§ 2(E), page 2):

Determining eligibility for any public benefit, service, or license provided by the state. o Verifying a claim of residence or domicile if such determination is mandated by law or judicial order.

Confirming the identity of any person who is detained.

Determining whether an alien is in compliance with federal registration laws under the INA (Title II, Chapter 7).

Allows legal residents of Arizona to sue if they feel a government agency adopts a policy that limits or restricts the enforcement of federal immigration laws. (§ 2(G), page 2). FEDERATION FOR AMERICAN IMMIGRATION REFORM

Mirrors federal alien registration laws; provides that illegal aliens who violate federal alien registration laws (8 U.S.C. 1304(e) and 8 U.S.C. 1306(a), which require aliens to register and carry their documents with them at all times) are now subject to arrest and penalties ...