SB 1070

In the case, Arizona versus United States, I am representing the respondent, United States, where we are seeking to stop the enforcement of S.B. 1070 in the federal district court before the law can be taken into effect. S.B. 1070, also known as Support Our Law Enforcement and Safe Neighborhoods Act, was passed in the state of Arizona in 2010 as an effort to address the large numbers of unlawful immigrants entering the state. The United States seeks to declare S.B. 1070 as preempted by the federal immigration law, where the four provisions of S.B. 1070, Section 3, Section 5, Section 6 and Section 2(B) violated the Supremacy Clause of the United States Constitution.

This law was sending a very strong message to all of the illegal aliens living in Arizona. The SB-1070 was written deliberately with aggressive measures intended to promote to the estimated 460,000 illegal aliens to go home (About, 2011). The issue with some parts of the bill was that it was racially profiling, and it promoted discrimination against mainly immigrants. The federal judge also stopped the section of the law that made it a crime for any for any foreign resident living in the state of Arizona to carry immigration paperwork at all times. In addition, the judge also stopped the part where it would make it a crime for any illegal or foreign resident living in the state of Arizona to solicit, perform, or apply for work. This gave illegal aliens living in state of Arizona a big relief to know that those main parts of the bill were stopped, giving them the advantage to continue to move forward with their lives instead of worrying about getting deported.

Back in 2007 there were several concerns over immigration as a whole and exploding proportions of illegal immigrants crossing the border in the Arizona area. Arizona attempted to resolve the influx of people across the border by imposing heavy fines on employers hiring illegal immigrants. At that time in Arizona there was a democratic governor Janet Napolitano that continually vetoed the Arizona’s legislature attempt to reduce illegal immigration. In 2009 the state replaced the Democratic governor with a Republican governor Jan Brewer who was supportive of reforms for immigration in Arizona. In 2010 the immigration problem was so sever that Arizona passed legislation allowing the state to enforce federal law for identification of legal immigration into the United States. This sparked a nation wide discussion on illegal immigration and immigration reform.

“Senate Bill 4 is a piece of legislation that Texas Governor Greg Abbott signed in May and it aims to ban “sanctuary cities” by requiring sheriffs, constables, police chiefs and other local leaders to cooperate with federal immigration authorities and allows police to ask about the immigration status of individuals they lawfully detain” (Alvarez). The consequences for sheriffs, constables, police chiefs and other local leaders if they do not follow the legislation are that they could face Class A misdemeanor and possibly jail time (Mansoor & Pollock). “In addition, they can could face civil penalties ranging from $1,000 to $1,500 for the first violation and $25,000 to 25,500 for consecutive offenses” (Alvarez). Many people are against Senate

Currently, one of most debated policy issues in America is immigration. Starting with the Chinese Exclusion Act of 1882, the American government created several immigration laws that sought to put an end to illegal immigration by mandating workplace regulations, employer sanctions, internal enforcement mechanisms, and border security (Nowrasteh 2). According to immigration policy analyst Alexander Nowrasteh at the Center of Global Liberty and Prosperity of the Cato Institute, by the 1990s, legal immigration was essentially impossible to the United States unless the immigrant was highly skilled, had a close American citizen or legal permanent resident relative or friend who could sponsor him or her, or was a refugee. The Arizona immigration laws should be repealed due to damage done to the state’s economy, the benefits of immigrants to the American economic structure, and the societal harm imposed upon citizens.

“In 2005, a study analyzing data accumulated statewide in Texas reveals disproportionate traffic ceases and searches of African Americans and Hispanics, even though law enforcement authorities were more liable to find contraband on Whites.” (The Reality of Racial Profiling) The utilization of personal characteristics or comportment patterns to make generalizations about a person is called racial profiling. Throughout time, the utilization of race by law enforcement agencies in their policing activities has received considerable attention across the nation. The 4th amendment right that one has as an American, which is protecting against unreasonable search and seizure, is becoming contravened; one reason for the way one looks. The U.S. Supreme Court has held that racial profiling violates the constitutional requirement that all persons be accorded equal protection of the law, but it is still occurring in our society. Racial Profiling has caused the violation of our rights whether it maybe from a terry stop that was originated for the case Terry vs. Ohio, stop and frisk, racial vehicle stops, and the Support Our Law Enforcement and Safe Neighborhoods Act also known as Arizona SB 1070.

In this paper I argue that S.B. 1070 should be not be upheld for two reasons. First, in ways that will be explicated below, S.B. 1070 directly conflicts with federal immigration law; thus it is preempted according to the Supremacy Clause of the Constitution. Second, the law is unconstitutional because it allows for discrimination by police officers on the basis of race or national origin. This Note contends that the Ninth Circuit correctly affirmed the decision of the lower court to find S.B. 1070 preempted by federal immigration law; however the Ninth Circuit should have also found that S.B. 1070 is unconstitutional on discriminatory grounds. Part II discusses the evolution of the relevant case law. Part III of the Note illustrates the relevant portions of S.B. 1070 and the District Court’s reasoning in United States v. Arizona. Part IV explains why the Ninth Circuit correctly affirmed the decision that S.B. 1070 is preempted by federal immigration law and expounds how the law is also discriminatory on the basis of national origin against Hispanics. Finally, Part V comments on the possible consequences of S.B. 1070 and the effect of a Supreme Court decision to either affirm or reverse the injunction.

The state of Arizona has issued a new state law which enables police officers to act as immigration officers. With this underestimated powers given to the police, it will cause a lot of problems, and sensitivities to all the legal and illegal immigrants (Cnn.com). Undocumented students residing Arizona will be in a constant fear of being deported since any minor issue such as calling the police for help in any case given can put their lives in the danger of deportation. It’s only a matter of time if the government doesn’t stop this act, Arizona will impose unfair laws for education toward undocumented students. This will only cause chaos, and taking away the validity of the American Dream.

Mark Twain stated: “It is by the fortune of God that, in this country, we have three benefits: freedom of speech, freedom of thought, and the wisdom never to use either”. Perhaps this is what happened when the new law of Arizona was created. What does law means? Law is a set of rules established by a governing authority to institute and maintain orderly coexistence (Merriam Webster’s). A new law named SB 1070 has been written with hostile points that threats human rights. Thousands of illegal immigrants were force to return back to their countries. I admit that illegal immigration is a Federal Government crime, but SB 1070 is a discriminatory law against Hispanics. I believe Arizona’s Law SB 1070 should be forbidden because it only

It is clear that illegal immigration has gotten out of control and constringent measures need to be taken to protect the United States borders. The local Government of Arizona recently decided to take control of the situation, by passing the “Support our Law Enforcement and Safe Neighborhoods Act” {House Bill 2162}. This bill gives law enforcement officers and agencies the authority, to lawfully stop, detain and arrest anyone who appears to look like an illegal alien. The bill out-right condones racial profiling and it violates civil rights, as well!

There is an assessed 11 million illegal aliens that are living United States, and this population is projected to upturn by 500,000 yearly. Once a year, about 1 million people that are considered to be aliens are detained when they make the attempt to come in the United States unlawfully. Even though most of these foreigners arrive the United States for financial chances and family reunification, or they are avoiding civil trouble and political unrest, some are offenders, and some could possibly be terrorists. Every one of them is disrupting the United States' immigration laws. With that said, this paper will involve the case study of immigration enforcement and the circumstances around the issue.

On the 23rd of April 2010, Governor Jan Brewer signed the Support Our Law Enforcement and Safe Neighborhoods Act, also known as, the Arizona SB 1070. The law is aimed at addressing the essential problem of illegal immigration within the United States, particularly within Arizona. The legislative act sparked much national controversy before, as well as after the act’s signing. The law Arizona law added on to preexisting U.S. federal law that requires all aliens over the age of 14, who remain in the United States more than thirty days to register with the US government, and to carry registered documents with them at all times (“8 U.S. Code § 1304” 2010). Violations of either requirement would result as a federal misdemeanor crime. The act further made it a state misdemeanor crime for an alien to be within Arizona

The Department of Justice has addressed that the “SB 1070 unconstitutionally interferes with federal government's authority to set and enforce immigration policy, explaining that “The constitution and federal law do not permit the development of patchwork of state and local immigration policies throughout the country” (“Citing”). In short terms, the state of Arizona has made up their own law in enforcing anti-immigration law and procedures that interferes with the U.S constitution. Problems have arisen due to how the SB 1070 is unreasonable when it comes to search and seizure (“Arizona's”). The law enforcer will purposely attempt to prove that the suspect is guilty of something even if it is not lack of citizenship. This law has caused court challenges. “The lawsuit states that the SB 1070 violates the supremacy clause, the first amendment to freedom of speech, amendment right to freedom from unreasonable search and seizures, and the equal protection clause” (“Arizona's”). This immigration law targets illegals yet the law is not quite legal

On April 23rd, 2010, Arizona Governor Jan Brewer signed Senate Bill 1070, “The Support Our Law Enforcement and Safe Neighborhoods Act” which it gives the police authority to check immigration status of any individual. The main intention of SB1070 is to cut down a majority of the illegal immigrants entering the United States by having the immigrants carry immigration papers to prove their identification of their legal status. However, SB1070 had focused more on trying to secure the border resulting into taking the citizens’ constitutional rights while causing uproar with a large amount of controversy. The senate bill 1070 that has been passed is causing racial profiling, unconstitutional acts, and has put the federal government into question

This is a “controversial immigration bill authorizing police officers to stop suspected illegal immigrants and demand proof of citizenship” (The Huffington Post). This is giving the police too much authority and can lead to many other problems such as discrimination against Hispanics.