Arizona Enacts Stringent Law on Immigration

Henry Chang | April 25, 2010 in United States Immigration | Comments (0)

The New York Times has reported that Gov. Jan Brewer of Arizona signed the nation’s toughest bill on illegal immigration into law on Friday. The move unleashed immediate protests and reignited the divisive battle over immigration reform nationally.

Even before she signed the bill, President Obama strongly criticized it. Speaking at a naturalization ceremony for 24 active-duty service members in the Rose Garden, he called for a federal overhaul of immigration laws, which Congressional leaders signaled they were preparing to take up soon, to avoid “irresponsibility by others.” The Arizona law, he added, threatened “to undermine basic notions of fairness that we cherish as Americans, as well as the trust between police and our communities that is so crucial to keeping us safe.”

The law, which proponents and critics alike said was the broadest and strictest immigration measure in generations, would make the failure to carry immigration documents a crime and give the police broad power to detain anyone suspected of being in the country illegally. Opponents have called it an open invitation for harassment and discrimination against Hispanics regardless of their citizenship status.

The law is to take effect 90 days after the legislative session ends, meaning by August. Court challenges were expected immediately.

While police demands of documents are common on subways, highways and in public places in some countries, including France, Arizona is the first state to demand that immigrants meet federal requirements to carry identity documents legitimizing their presence on American soil. Ms. Brewer acknowledged critics’ concerns, saying she would work to ensure that the police have proper training to carry out the law. But she sided with arguments by the law’s sponsors that it provides an indispensable tool for the police in a border state that is a leading magnet of illegal immigration. She said racial profiling would not be tolerated, adding, “We have to trust our law enforcement.”

Ms. Brewer and other elected leaders have come under intense political pressure here, made worse by the killing of a rancher in southern Arizona by a suspected smuggler a couple of weeks before the State Legislature voted on the bill. His death was invoked Thursday by Ms. Brewer herself, as she announced a plan urging the federal government to post National Guard troops at the border.

President George W. Bush had attempted comprehensive reform but failed when his own party split over the issue. Once again, Republicans facing primary challenges from the right, including Ms. Brewer and Senator John McCain, have come under tremendous pressure to support the Arizona law, known as SB 1070. Mr. McCain, locked in a primary with a challenger campaigning on immigration, only came out in support of the law hours before the State Senate passed it Monday afternoon.

Governor Brewer, even after the Senate passed the bill, had been silent on whether she would sign it. Though she was widely expected to, given her primary challenge, she refused to state her position even at a dinner on Thursday for a Hispanic social service organization, Chicanos Por La Causa, where several audience members called out “Veto!”

The bill, sponsored by Russell Pearce, a state senator and a firebrand on immigration issues, has several provisions. It requires police officers, “when practicable,” to detain people they reasonably suspect are in the country without authorization and to verify their status with federal officials, unless doing so would hinder an investigation or emergency medical treatment. It also makes it a state crime — a misdemeanor — to not carry immigration papers. In addition, it allows people to sue local government or agencies if they believe federal or state immigration law is not being enforced.

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