A Summary of the Arizona Immigration Law
Much has been stated, misstated and argued about the Arizona immigration law- Senate Bill 1070- over the past several weeks and months. Unfortunately, few people have actually read the law and tried to determine what it does and does not do. Here is a brief summary of the bill. The quotations come directly from the Arizona State Legislature’s website. Although Senate Bill 1070 will be revised, it is instructive to read the bill as presented for passage, as it is that version of the law that prompted the current controversy. Visit this link to read the bill in its entirety- http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/49leg/2R/laws/0113.htm
INTENT
“The legislature finds that there is a compelling interest in the cooperative enforcement of federal immigration laws throughout all of Arizona. The legislature declares that the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona. The provisions of this act are intended to work together to discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”
ENFORCEMENT OF IMMIGRATION LAWS
The most controversial part of the new law empowers Arizona law enforcement officers to enforce federal immigration laws by detaining a person and determining his or her immigration status before release. The law creates a presumption that certain forms of identification establish lawful status in the U.S. Here’s what these sections of the law say:
“NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY LIMIT OR RESTRICT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY FEDERAL LAW. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF THIS STATE OR A LAW ENFORCEMENT OFFICIAL OR A LAW ENFORCEMENT AGENCY OF A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE, WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON, EXCEPT IF THE DETERMINATION MAY HINDER OR OBSTRUCT AN INVESTIGATION. ANY PERSON WHO IS ARRESTED SHALL HAVE THE PERSON’S IMMIGRATION STATUS DETERMINED BEFORE THE PERSON IS RELEASED. THE PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT PURSUANT TO 8 UNITED STATES CODE SECTION 1373(C). A LAW ENFORCEMENT OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT SOLELY CONSIDER RACE, COLOR OR NATIONAL ORIGIN IN IMPLEMENTING THE REQUIREMENTS OF THIS SUBSECTION EXCEPT TO THE EXTENT PERMITTED BY THE UNITED STATES OR ARIZONA CONSTITUTION. A PERSON IS PRESUMED TO NOT BE AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IF THE PERSON
PROVIDES TO THE LAW ENFORCEMENT OFFICER OR AGENCY ANY OF THE FOLLOWING:
1. A VALID ARIZONA DRIVER LICENSE.
2. A VALID ARIZONA NONOPERATING IDENTIFICATION LICENSE.
3. A VALID TRIBAL ENROLLMENT CARD OR OTHER FORM OF TRIBAL IDENTIFICATION.
4. IF THE ENTITY REQUIRES PROOF OF LEGAL PRESENCE IN THE UNITED STATES BEFORE ISSUANCE, ANY VALID UNITED STATES FEDERAL, STATE OR LOCAL GOVERNMENT ISSUED IDENTIFICATION.”
The new law then requires Arizona officials to contact federal immigration officials whenever it is determined that a detainee is here unlawfully. A court order must be obtained if Arizona officials must travel outside of Arizona to transport and present a detainee to federal immigration officials.
EXCHANGING INFORMATION
Senate Bill 1070 allows officials to send, receive and maintain information about a person’s immigration status for the following purposes:
1. DETERMINING ELIGIBILITY FOR ANY PUBLIC BENEFIT, SERVICE OR LICENSE PROVIDED BY ANY FEDERAL, STATE, LOCAL OR OTHER POLITICAL SUBDIVISION OF THIS STATE.
2. VERIFYING ANY CLAIM OF RESIDENCE OR DOMICILE IF DETERMINATION OF RESIDENCE OR DOMICILE IS REQUIRED UNDER THE LAWS OF THIS STATE OR A JUDICIAL ORDER ISSUED PURSUANT TO A CIVIL OR CRIMINAL PROCEEDING IN THIS STATE.
3. IF THE PERSON IS AN ALIEN, DETERMINING WHETHER THE PERSON IS IN COMPLIANCE WITH THE FEDERAL REGISTRATION LAWS PRESCRIBED BY TITLE II, CHAPTER 7 OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT.
4. PURSUANT TO 8 UNITED STATES CODE SECTION 1373 AND 8 UNITED STATES CODE SECTION 1644.
ARIZONA RESIDENTS CAN ENFORCE NEW LAW
An Arizona resident can obtain a court order to compell a government official to enforce the new law. Any Arizona official failing to enforce the new law is subject to penalties of upto $5,000 per day per violation. The penalties collected are to be deposited into and used for the GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT MISSION FUND. A court can also award attorneys’ fees and costs.
STATE CRIME
Under the new Arizona law, it is a crime to be present in Arizona in violation of federal immigration law. The penalties for violating this new Arizona law include:
1. Imprisonment
2. Jail costs And other assessments
3. Monetary penalties, starting at $500 for the first vilation
4. Much greater penalties, if a person violates the Arizona law while commiting another crime, such as using, distributing or transporting drugs, for example.
HIRING, TRANSPORTING, AIDING & CONCEALING ILLEGAL IMMIGRANTS
It is unlawful to stop a car on a street to hire an illegal immigrant worker. Similarly, an illegal immigrant worker cannot seek work, either as an employee or independent contractor. It is also illegal now to transport, move, conceal, harbor, shield or aid an illegal immigrant in Arizona. Nor can anyone encourage or induce an illegal immigrant to come to Arizona under Senate Bill 1070. The statute contains a detailed process for investigating and prosecuting violations of these prohibitions. The penalties become more severe for knowing or multiple violations of these new rules. For example, on a second violation, an employer could lose all its state licenses and ordered to cease operations in Arizona. An employer can rely on the federal government’s e-verify program, which creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien. Employers can assert a defense, if the employer has complied in good faith with certain requirements under federal law or the employer can demonstrate that it was entrapped. An entrappment defense is detailed in the new law.
IMPOUNDMENT OF A VEHICLE
A vehicle used to violate the new law, such as transporting an illegal immigrant through Arizona, can be immobilization or impounded. The driver’s license can be suspended or revoked for any reason.
NAME & EFFECTIVE DATE
The new Arizona law is called the “Support Our Law Enforcement and Safe Neighborhoods Act.” It was approved by the Arizona Governor on April 23, 2010.
Tiffany U. Vivo is an Indianapolis immigration lawyer. She also practices family law. Ms. Vivo appears before the Immigration Court (EOIR), the United States Citizenship & Immigration Service (USCIS), the Board of Immigration Appeals (BIA) and state and federal courts in Indiana and Illinois. She is a member of the Indiana State Bar, the Indianapolis Bar Association, and the national and local chapters of the American Immigration Lawyers Association (AILA).