Wrong-Day Labor Law Article Analysis

1070 which made it illegal for immigrants not to carry their documents and authorized police to detain people they ‘reasonably’ suspect are unauthorized.” (Renwick). Unfortunately, much of this policy was found to violate or infringe upon the immigrant’s rights. “Last year, the Supreme Court struck down most of Arizona’s immigration legislation, siding with the Obama administration and immigrant right’s activists who argued that Arizona’s law intruded on the federal government’s well-established authority over immigration” (Lane). Although this state law was argued in the Supreme Court, the controversial “papers, please” clause was allowed to remain in effect.

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

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

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.

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.

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.

Kris Kobach the main legal mind behind Arizona’s new immigration law, in the past has been associated with racial profiling. Kobach was U.S Attorney John Ashcroft’s leading Advisor on immigration. He invented the “National Security Entry-Exit Registration System” {NSEERS}. The program was developed to closely observe Arab and Muslim Men; and sometimes U.S citizens. On December 1 2003, NSEERS was suspended. The termination was due to allegations of racial profiling and discrimination which violates civil rights. In April 2010, Kris Kobach and Arizona Sheriff Joe Arpaio of Maricopa County, was accused of racial profiling. These allegations led to a federal grand jury investigation. Kris Kobach is currently an attorney for legal arm for the Federation of American Immigration Reform {FAIR}. FAIR is listed as an anti-immigrant hate group since 2007 by SPLC. It is considered a hate group; it received donations of $1.2 million from Pioneer Fund a foundation that was established by Nazi affiliates (Bauer Mary). The Legal Director of Southern Poverty Law Center {SPLC} has implied that Kris Kobach is an anti-immigration lawyer and racist in several articles.

Last April 2010, Arizona signed into law one of the harshest Immigration laws this country has ever known. It requires that individual’s residing in Arizona carry documentation proving their right to be in the country legally. Several of the local police in Tucson and Phoenix disagree with the law saying that it puts enmity between them and the residents, while the courts say it will give them more authority and the tools they need to get offenders off the streets.

In the article titled "Dying to Work" there is an excellent quote given by Rep. Kolbe says, “There are no two countries in the world that share a border where the economic disparities are greater than between the U.S. and Mexico.” (AZ Republic, 2002) My paper draws on the information from the “Worldwide Refugee Information: Country Report: Mexico” written in 2000 and the article titled “Dying to Work: The Arizona Republic” written in 2001. Both of these articles give numerous information about the Mexican Immigrants and refugees. I am focusing on the illegal Mexican immigrants as well as refugees that enter the U.S. through refugee status, because living in Arizona, there are

Arizona made it tougher for undocumented citizen by making a federal law called the Arizona Senate Bill 1070. “The controversial bill gives Arizona law enforcement the authority to stop people whom officers have "reasonable suspicion" of being in the country illegally, detain these individuals while verifying immigration status, and arrest undocumented immigrants for transfer to ICE custody.” (McFadyen) The article also states “The bill, also known as the "Support Our Law Enforcement and Safe Neighborhoods Act" also makes it a crime to be in the state illegally and to provide transportation to someone you know is undocumented.” (McFadyen) With that said, it seems to me, it gives the police in Arizona authority to stop anyone they feel like. It also touches on the subject of racial profiling and discrimination just by the way a person looks making it ok to stop them. Furthermore, by making this bill it says that it is ok to look at someone and judge them for what they look like.

SB 1070 Anti-Immigration Law was passed by Arizona legislators and signed by former Arizona Governor Jan Brewer in early 2009 when another former Arizona Governor Janet Napolitano became Secretary of Homeland Security under President Barack Obama’s administration (Morse, 2011). After Jan Brewer took office, she was looking for ways to strengthen the anti-immigration laws. Former Arizona State Senator Russell Pearce was attempting to find ways to pass an anti-immigration bill through the Arizona legislature called SB1070 (Morse, 2011). The new law required people to provide identification at traffic stops and crime scenes, but targeted illegal immigrants or those suspected to be illegal immigrants (Pavlich, 2012). This law is already passed and has received backlash from the Hispanic community.

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.