Sb1070 Research Paper

The Arizona state legislature passed into law S.B 1070, which was intended to address issues related to illegal aliens in the state. The law made it a crime for illegal aliens to be in Arizona, without legal documents, it also authorized local and state law enforcement to enforce federal laws and prohibited the hiring, sheltering and transportation of illegal aliens. The legislation initiated constitutional concerns over violation of civil rights and was considered as encouraging racial profiling. There were also demonstrations against the legalization. The department of justice sough to stop

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.

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.

On Monday night, the Denver city council passed an immigration ordinance that forbids city officials from asking about anyone’s immigration status or requiring anyone to discuss it. This law makes it difficult for the federal government to track and arrest immigrants. As a result, people have become fearful that these immigrants will cause harm to the public through robberies and murders. Many people are afraid of the unknown and seeing the kind of damage immigrants have done in the past, it automatically makes people assume that every immigrant is the same. For example, the field director of ICE made a statement that “this irresponsible ordinance...deliberately obstructs our country’s lawful immigration

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.

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.

Illegal immigration at the U.S. - Mexico border is a growing problem, and the death toll is rising as more people are attempting to illegally enter the United States. As a result of an increasing number of people trying to enter into the United States illegally, the border is now being guarded by an increasing number of border patrol officers. The United States implemented different laws and operations to prevent more illegal immigration from Mexico into the United States. The ‘Operation Gatekeeper’ was introduced in 1994, which increased the number of Border Patrol officers. The most recent and controversial law was passed in Arizona, which essentially ‘allows’ officers to use racial profiling to check legal status of anyone in that

“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

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.

According to the author of this law, Mr. Russell Pearce, the state senator of Arizona’s 18th legislative district and the author of the new Arizona law SB 1070, argues that the United States Federal Government has not been doing their job correctly. The new law gives police officers the power to enforce immigration law. Pearce stated that police officers will not abuse of their powers given by the SB 1070 law because the SB 1070 clearly states the law provisions and how to enforce it. Therefore, he took the lead and implemented this law on his state to eliminate undocumented people at least in Arizona. Through this law police officers will have the power of prosecute anyone who is suspicious of being an illegal alien.

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!

One of the chief issues that is going on now with is enforcement is rather or not the local police should enforce the immigration laws. There are local citizens for example in the state of Arizona. The people in that state desire that state and local police play an active part in immigration enforcement so they will be able to identify the restrictions on the federal government's aptitude to speak to the immigration enforcement. The citizens of Arizona know this is an issue because in the past the federal government has struggled to protect the borders, discourage unlawful immigration, or track down those who have been overstaying their visas which are temporary.

The Arizona SB 1070 is a law that requires all aliens over the age of 14 who remain in the united states for longer than 30 days to register with the US government, and to have registration documents in their possession at all times. The Arizona law also made it illegal to be in the state of Arizona without the required documents. Some people don't agree with law they say that there is too many people that can't get the legal documents they need. Then there are some people that say the Arizona law is a good law to follow. Such as the law provides more security to the surrounding environment. In my opinion the Arizona state law is a good law to live and follow by for many different reasons.

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.