Why sb 1070 is needed

The civil action states that SB is preempted by federal law 8 U. On July 15, U. On July 28, Judge Bolton granted in part and denied in part the motion for preliminary injunction. The sections that were barred from taking effect pending appeal were: Section 2B, requiring law enforcement officers to determine immigration status during any lawful stop; Section 3, creating state crimes and penalties for failure to carry federally-issued alien registration documents; Section 5 making it unlawful for an unauthorized alien to knowingly apply for or perform work in Arizona; and Section 6, permitting an officer to make a warrantless arrest if the officer has probable cause to believe the person has committed any public offense that makes the person removable from the United States.

Prohibits state and local law enforcement from restricting enforcement of federal immigration laws. Requires state and local law enforcement to reasonably attempt to determine the immigration status of a person involved in a lawful stop, detention or arrest in the enforcement of any other local or state law or ordinance where reasonable suspicion exists that the person is an alien and is unlawfully present, except if it may hinder or obstruct an investigation.

Requires the immigration status to be verified with the federal government for anyone who is arrested. Stipulates that law enforcement cannot consider race, color or national origin when implementing these provisions, except as permitted by the U.

Specifies a presumption of lawful presence with these IDs: Arizona driver license or ID; tribal enrollment card or ID; valid federal, state or local government issued identification, if the issuing entity requires proof of legal presence before issuance. Allows legal residents to sue state or localities that restrict enforcement of federal law. Indemnifies officers unless they acted in bad faith. Immigration and Customs Enforcement or U.

Customs and Border Protection. Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection d of this section.

Makes it a class 1 misdemeanor for an occupant of a motor vehicle to hire on a street, roadway or highway if the vehicle blocks or impedes the normal movement of traffic; or to enter a vehicle to be hired and transported; or for an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor.

Stipulates that law enforcement cannot consider race, color or national origin in the enforcement when implementing the provision, except as permitted by the U. Stipulates that it is unlawful for a person who is in violation of a criminal offense to transport an alien; conceal, harbor or shield an alien; or encourage an alien to come to this state, if the person recklessly disregards the fact the person is here unlawfully.

The vehicle may be immobilized or impounded. Provides exceptions for child protective services, first responders, ambulance or emergency medical technicians. It also made it a misdemeanor crime to be caught without those papers. It was the strictest anti-immigration legislation in the country at the time and a measure many worried would easily lead to racial profiling.

The law was was partially struck down by the Supreme Court just two years later, in But Cesar Escalante, a professor of agriculture and applied economics at the University of Georgia, said its ripple effects were broad and long-lasting.

Escalante co-authored a paper on the topic with University of Florida researcher Tianyuan Luo. Using responses from the nationwide Youth Risk Behavior Surveillance System survey, the researchers found that in the wake of SB , Latino adolescents in Arizona were more than five percentage points more likely to consider suicide than their white peers or Latinos in other states.

They were also more likely to feel sad and avoid physical activity. Escalante said their findings show how a measure meant to target one type of immigration ended up affecting a much larger group. United Against SB Facebook Twitter Reddit Email Print. These are among the provisions that courts have rendered unenforceable: Section 3: A. It was struck down because federal law preempts it.

Section 5: A. It was struck down on First Amendment grounds as an unconstitutional limit on freedom of speech. Continuing to target foreign nationals may also impede international cooperation on efforts to combat terrorism, drug trafficking, weapons smuggling, and human trafficking.

Steinberg attested to in his declaration before the U. District Court for the District of Arizona, the Mexican Senate postponed the review of an agreement with the United States on cooperative emergency management of natural disasters, citing the Arizona law as a reason to eschew cross-border work.

Nicole Prchal Svajlenka. The law compromises public safety and health Instead of focusing on community safety, law enforcement professionals in Arizona and other states with anti-immigrant laws will be forced to focus more on detaining unauthorized immigrants. Alex Lach Assistant Editor.