Arizona's Immigration Law: What You Need to Know

What is Does - Arizona Immigration Law S.B.1070 makes it a state crime to harbor illegal aliens. It also makes it an Arizona state crime to violate federal criminal code 8 U.S.C. 12-2-7 section 1304(e). This provision of the Federal Criminal Code requires every alien, eighteen years of age and over to, at all times carry with him or her and have in his personal possession any alien registration papers or alien registration card the alien may have been issued by the federal government. Arizona Immigration Law S.B.1070 also allows Arizona police officers to check the immigration status of any person if the officer comes to a "reasonable suspicion", during a lawful traffic stop or other lawful law enforcement action that a person is an illegal alien. The short title for S.B.1070 is the "Support Our Law Enforcement and Safe Neighborhoods Act".

Purpose - According to the Arizona State Senate Fact Sheet for Immigration Law S.B.1070, the law now requires state law enforcement officers to fully comply with and assist in the enforcement of federal immigration laws It establishes as as state crimes, crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties.

Who Passed the New Arizona Law - The new bill passed the Arizona House of Representatives on April 13 by a 35-21 party-line vote. The Bill passed the State Senate with a 17-11 vote that closely followed party lineswith all but one Republican voting for the bill, ten Democrats voting against the bill, and two Democrats not voting. A telephone survey by the Rasmussen Group found that 70% of Arizona voters approve of the new law, while 23% oppose it. National political reaction to the Arizona Law has split along party lines.

Does the New Law Require Aliens to Carry Their Registration Papers With Them?- Yes and no. Since 1940 under the federal criminal code, aliens over 18 years of age in the United States have always been required to carry their registration papers on them at all times. Basically, the new Arizona Immigration Law allows State of Arizona law enforcement personnel to enforce this federal law by making it a state offense as well as a federal offense. The federal law is punishable upon conviction for each offense with a fine not to exceed $100 or imprisonment for not more than thirty days, or both.

Who Decides What "Reasonable Suspicion" Is? - An officer's "reasonable suspicion" that a person is an illegal alien must be based on facts that the officer can articulate and, if challenged in court, must be able to articulate. It cannot be based on "mere suspicions". The words "reasonable suspicion" are legal words of art. Since the 1960's there have been thousands of court cases define what these two words mean and these precedents comprise the factors that can be used to determine if "reasonable suspicion" exists or doesn't exist. All police officers since the late 1960's are trained and undergo continuing education on what the words "reasonable suspicion" legally mean. The Arizona Immigration Law does state that race, color or ethnicity does not constitute reasonable suspicion of illegal presence in the U.S.

Is the Arizona Immigration Law Constitutional? - As to the two main provisions of the new Arizona Immigration Law, first, the requirement for aliens to carry registration papers and second, the right extended to state police officers to in effect enforce the already existing federal law upon "reasonable suspicion", the provisions are Constitutional and should survive any challenge. From a legal standpoint, these two provisions by themselves do nothing but allow State of Arizona to enforce certain provisions of the federal code. Arizona accomplishes this by "borrowing" federal law and enacting it as Arizona state law. Why pass the law at all? Illegal immigrant's are a big and expensive problem in Arizona.and this law reflects Arizona's belief that the federal government is not enforcing it's own federal immigration laws sufficiently.

AC Law is career criminal prosecutor with over twenty years experience.

Arizona Immigration Law, S.B. 1070
8 U.S.C. 12-2-7 section 1304(e).
Donna Rossi, (4-14-10), "Immigration Bill Takes a Huge Step Forward". KPHO-TV, www.kpho.com/news
KPHO-TV, Ariz. Lawmakers Pass Controversial Illegal Immigration Bill". KPHO-TV. April 20, 2010. KPHO-TV, Arizona Lawmakers Pass Controversial Immigration Bill, April 20, 2010, www.kpho.com/politics/23179490/detail.html.
Rasmussen Report, 70% of Arizona Voters Favor New State Measure Cracking Down On Illegal Immigration, http://www.rasmussenreports.com/public_content/politics/elections2/election_2010/election_2010_senate_elections/arizona/70_of_arizona_voters_favor_new_state_measure_cracking_down_on_illegal_immigration