Text of SB1070 (Az’s Immigration Law)

The full text of Arizona’s SB1070 Immigration Bill can be read here: Format Document- azleg.gov

SB 1070 makes changes to laws relating to the enforcement on immigration laws, failure to carry an alien registration document, day laborers, harboring or transporting illegal aliens and employer sanctions.

I read it over and don’t see any problems. It seems pretty straight forward with protections to prevent abuse. But then I’m not a lawyer. Never the less I thought it was worth looking at for myself rather than listen to the political rhetoric associated with the changes to the laws.

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14 thoughts on “Text of SB1070 (Az’s Immigration Law)

  1. This bill is nothing more than the enforcement of laws in a lawless society, and all Americans should celebrate the fine citizens of Arizona for not surrendering their sovereignty to the invasion, as so many seem to want to do.

    As I have written, why should U.S. airports bother with strict enforcement if thousands of miles of border are left unguarded. Answer: because Customs and Immigration is absolutely vital, as is protecting and defending our borders facing land and sea. http://wp.me/pMW8w-ee

    • Now that Gov. Brewer has signed the bill into law, it’ll be up to the lawyers to argue it out and the courts to decide the issue of constitutionality.

    • Ms. Suarez,

      You have simply made an assertion unsupported by any facts or reasoning. Please enlighten those of us less fortunate to be “lawyers”.

  2. Grace,
    As I put forth a Constitutional arguement supporting SB1070 at http://conservativepatriot.wordpress.com/ I would like to know what is so “patently unconstitutional” about the Bill, other than your opinion.
    As Jim said, “You have simply made an assertion”, life is not that easy.
    What is it? Racial Profiling? The Bill contains specific language banning the practice of ‘Racial Profiling’. Let me guess,you probably support ‘Affirmitive Action’ which is based on ‘Racial Profiling.

    • OK conservativepatriot, short of coming upon a van full of brown people who seem like migrants or actually catching someone crossing the border… how does your average cop on the street figure out who is a possible illegal, without ‘racial profiling’?

      Because they speak Spanish? Lots of US citizens speak Spanish. I speak a foreign language, but it’s not Spanish and I’m white. I bet you a million bucks I will never, ever have my citizenship questioned.

      Because they look like an illegal? What does an illegal look like? You’re going to have to work real hard at answering that without saying, ‘brown skin’. Have you seen a pic of Rep. Grijalva? He looks like the Frito Bandito; if I saw him hanging out in blue jeans at a bar, I would sooner assume he’s working a typical manual labor job that illegals work at, than assume he’s a member of Congress.

      This law is just more racial dogwhistling, only its intended targets are law enforcement rather than southern white folks pissed off about the Democrats giving them nigras their civil rights.

      • r€nato, let me begin with your conclusion,

        “This law is just more racial dogwhistling, only its intended targets are law enforcement rather than southern white folks pissed off about the Democrats giving them nigras their civil rights.”

        It sounds to me, like you are making an argument based on emotion. I would suggest that although we can never afford to lose sight of compassion, and possibly empathy, neither can we afford to attempt to legislate morality or emotion.

        America is a nation founded on principles of individual freedom, self-governance, and the rule of common law, to maintain societal harmony and mutual respect of our citizens.

        Those who gain ingress by illegal means, violate the foundation of the forming of our nation by violating the very laws they demand protection under.

        Therefore, although I do not fully agree with SB1070, passed by the Arizona Legislature, I applaud them for having the courage to stand in the face of adversity, and do what they believe is the right thing for the People of their State.

        As to your question, regarding the appearance of illegal immigrants, they look just like you and me, or my best friend, or my neighbor, or the President, or even the people who passed the law in Arizona.

        With this in mind, it does not take a rocket scientist to comprehend that ‘racial profiling’ is not the answer to the dilemma facing our country.

        The Arizona Legislature passed a follow on provision, to SB1070, clarifying the implementation of the law, with specific language to further ban ‘racial profiling’.

        No person may be stopped solely for the purpose of questioning their immigration status, they must be stopped for something other than potential immigration violations.

        At this point in the ‘lawful contact’ of Law Enforcement, they would rely on the standard set by the Supreme Court in Terry v. Ohio (1968)

        A “Terry Stop” is a stop of a person by law enforcement officers based upon “reasonable suspicion” that a person may have been engaged in criminal activity, whereas an arrest requires “probable cause” that a suspect committed a criminal offense.

        According to Wikipedia – Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inferences. It is the basis for an investigatory or Terry stop by the police and requires less evidence than probable cause, the legal requirement for arrests and warrants.
        Reasonable suspicion is evaluated using the “reasonable person” or “reasonable officer” standard, in which said person in the same circumstances could reasonably believe a person has been, is, or is about to be engaged in criminal activity; such suspicion is not a mere hunch.

        According to Senior Legal Instructor, Steven L. Argiriou, in the Quarterly Review, “the purpose of a Terry stop is to conduct a brief investigation to confirm or deny that the suspect is involved in criminal activity.

        A law enforcement officer may initiate a Terry stop when he or she suspects that an individual is committing, has committed, or is about to commit a crime, but probable cause does not yet exist to arrest and the officer wants to “stop” the suspect and investigate. If, during the stop, probable cause to arrest is developed, the suspect will be arrested. If probable cause is not developed, the suspect is released.”

        Finally, to answer your question,

        “short of coming upon a van full of brown people who seem like migrants or actually catching someone crossing the border… how does your average cop on the street figure out who is a possible illegal, without ‘racial profiling’?”

        If I were an officer, and I pulled an individual over for a traffic violation, and the person was unable to understand English, or even had a difficult time of it, and spoke the little English they were capable of with a heavy Western Asian accent, did not want to present a drivers’ license, or showed unnecessary signs of irritation for being pulled over, or appeared to avoid my questions. I believe this would give me reasonable cause to pursue questions regarding their immigration status.

        Wow! All that, and I never even insinuated their complexion, or their first language.

        I would recommend that people be very careful, not to act racist in an overzealous effort to fight racism, thus becoming that which they claim to detest.

  3. During a conflict in which this country is under siege by foreign invaders, profiling is not only justified, it is essential in defending the country.

    And yes, I said “foreign invaders”, they are from other countries and they came here illegally to remit money back to their foreign countries.

  4. The provisions of the new law making it a state crime to have failed to comply with federal law, violates the Supremacy Clause of the constitution. Look at it this way. What would you think of a state law that made it a crime in the state to fail to pay one’s federal income taxes, or simply to fail to have proof of payment (or of a timely extension) on your person?

    The law also criminalizes status, in violation of due process.

    The only way to enforce the law is to racially profile. And yet that is prohibited by a clean up amendment.

    If law enforcement fails to enforce the law (which can’t be enforced without violating the constitution), then law enforcement officials are subject to civil lawsuits. Which will force them to violate the rights of the targets of the law.

    The law is a catastrophe and does violence to federal-state comity. It’s not going to last long. But, like Prop. 187 in California, it will turn Arizona blue for a long long time.

  5. Amalgam,
    As to the necessity of ‘Racial Profiling’ to enforce SB1070, might I suggest you read my previous cooment, posted May 3.

    I have already disproven your allegsation that SB1070 violates the ‘Supemacy Clause’ in my response to your comment to my article “SB1070 – Real Change That Gives America Hope”, located at http://conservativepatriot.wordpress.com/

    Finally, instead of simply making opinionated assertions, might I suggest you actually read the Law before submitting false criticisms, then if you still believe there are violations of the Constitutions, present a valid arguement, suitable for debate. Defend your baseless assertion of SB1070 violating the ‘Supremacy Clause’ or the fourth amendment.

    To do this however, you must first be capable of formulating an argument, not simply posting an unsubstantiated assertion or opinion in an effort to incite prejudice against a State that is trying to fulfill their responsibility to protect their citizens.

  6. I also am atty. That being said if feds had did the job that it not only wrote but mandated with threat of heavy fines etc if ALL STATES DID NOT DO THAT SAID JOB OF SIMPLY WATCHING THEIR BORDERS NOT LET A.N.Y. ILLGALS ENTER OUR COUNTRY ANY WHERE, NOT JUST ARZ. SO I HAVE READ THIS BILL IT IS NEAR MIRROR OF FED LAW AND LIKE I,VE STATED ITS ALL OUR STAES FAULT FOR NOT DOING THE JOB ORDERED BY FEDS WE FELT W/OUR HEARTS NOT OUR BRAINS DID’NT WANT TO HRT NOONES FEELINGS OH WE,LL JUST LET THESE FEW THOUSAND HERE STAY NOW YOU CAN,T LEAD A STATE COUNTY COUNTRY ANY THING WITH THOSE MIND SETS OF THE PAST. AND RACE IS OUT THE DOOR WHEN YOU CATCH A PIG IT SQUEALS IF ALL THESE MEXICANS DID,NT ALREADY KNOW THAT THEY DID INDEED BREAK THE LAW CONTINUE TO BREAK OUR LAWS THEY WOULD,NT BE SQUEALIG THEY ARE A SMART PEOPLE JUST LIKE ALL OTHERS THEY KNEW THEY WERE BREAKING OUR LAW WHEN THEY CROSSED BORDER IF NOT THEN WHY SNEAK LIKE THEIF JUST COME ON RIGHT THRU CUSTOMS HUH GIVE USA BREAK. OES ANYONE ON HERE KNOW PENALTY FO SNEAKING INTO MEXICO 1ST TIME ONE YR NO ATTY NO JUDGE A MEXICAN COP TELLS YOU 1 YR IN MEX JAIL, 2ND TIME4 YRS NO JUDGE COP TELL YOU 4 YRS IN OUR MEX JAIL, 3RD TIME YUP U GET ATTY JUDGE BUT YOU AINT GONNA LIKE IT CAUSE YOU GET LIFE IN A MEX JAIL AND SOME AMERICANS THINK WE TO ROUGH LOL READ MY AMIGO, LEARN THEY WONT BE FIGHTING FOR YOULIKE U ARE THEM THERE WILL BE FIGHTING OVER YOU IN PRISON OF WHICH BIG MEX GONNA BE UR BIG PAPI

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