Arizona's Immigration Law: What's Left

Although U.S. District Judge Susan Bolton put a hold on several of the more explosive provisions in Arizona’s controversial immigration law Wednesday, the rest of the legislation is now in effect. Included are several of the provisions not blocked by Bolton:

-Arizona residents will be allowed to bring legal action against any state official or agency that implements a policy that restricts the enforcement of federal immigration laws. If guilty, the official or agency will pay a penalty of $1000-5000 for each day the policy is in place after the suit is filed.

-It will be illegal for day laborers to enter vehicles or for drivers to pick up day laborers if it impedes the flow of traffic.

-Employers will be expected to verify employees’ citizenship via an electronic program.

-State employees and supervisors who discover violations of the federal immigration law will be required to report them or face a misdemeanor.

-Knowingly transporting, hiring or harboring illegal aliens is a crime, as is encouraging or inducing an alien to enter the U.S. illegally.

-Vehicles used to transport illegal aliens can be impounded.

-Arizona residents applying for a federal public benefit will be required to present identification to confirm their citizenship. These forms of IDs include driver’s licenses, birth certificates or documents proving American Indian heritage. Residents will also be required to sign a sworn affidavit ensuring the legitimacy of the document under penalty of perjury.

-The Arizona bill sets up a Joint Border Advisory Committee within the state legislature intended to gather testimony on border security and issue a monthly report.

Arizona Lawmakers React to Court Decision

Philip Bunnell - Talk Radio News Service

Arizona lawmakers from both parties released statements in response to Judge Susan Bolton’s decision to curtail some of the more controversial provisions in the Arizona immigration bill, SB 1070.

Republican senators John McCain and Jon Kyl released a joint statement condemning the court’s decision. 

“We are deeply disappointed in the court’s ruling and disagree with the court’s opinion that the Arizona’s law will unduly ‘burden’ the enforcement of federal immigration law,” the two senators said, “Instead of wasting taxpayer resources filing a lawsuit against Arizona…Obama Administration should have focused its efforts on working with Congress to provide the necessary resources to support the state”

Rep. Ed Pastor (D-4th), on the other hand, was satisfied with the decision. 

“I am pleased with U.S. District Court Judge Bolton’s decision to issue a preliminary injunction that will prevent the core provisions of Senate Bill 1070 from taking effect,” said Pastor in a statement. “The implementation of these provisions would have seriously interfered with federal immigration enforcement causing irreparable harm to the people of Arizona.”

Congressman Jeff Flake (R-6th) said that it was “frustrating to have the federal government actively preventing states from addressing immigration enforcement, when the federal government has shown that it’s unwilling to address immigration reform on its own,” and that it is “going to take comprehensive immigration reform at the federal level to successfully address this issue.”

Rep. Ann Kirkpatrick (D-1st), while opposed to SB 1070, supported the attention that it brought to illegal immigration.  Kirkpatrick was rather pessimistic in her statement, concluding that, “there are no winners here – no matter what the courts ultimately decide, we will still have wasted millions of dollars and our borders will still not be secure.”

Congressman Harry Mitchell (D-5th) joined his collegues in harshly criticizing the Obama administration for suing Arizona, saying that “today’s ruling should not provide Washington any kind of excuse not to address the issue.  Arizonans are justifiably fed up with the federal government’s failure to secure the border and fix our broken immigration system, and are fed up with of all the political posturing and grandstanding on this issue.”

Federal Judge Stalls Controversial AZ Immigration Law

By Brandon Kosters - Talk Radio News Service

U.S District Judge Susan Bolton has blocked the controversial provisions of the Arizona immigration law, S.B. 1070. Bolton filed a preliminary injunction against the sections of the law which allowed Arizona police officers to check citizens’ immigration status and required immigrants to carry proof of citizenship with them at all times.

She said that the law could easily lead to wrongful imprisonment of legal residents and that it called for police to perform tasks and exercise authority reserved for the federal government.

Arizona Governor Jan Brewer is expected to appeal Bolton’s ruling and the case is expected to reach the U.S. Supreme Court.

Proponents of the law claim that action must be taken to mitigate the incredibly large number of illegal immigrants in Arizona and that the state is simply taking action that the federal government has declined to take.

Opponents of the bill have said the law leads to racial profiling and hurts tourism to the area, particularly from Mexico.

Outspoken critics of the law include President Obama, Attorney General Eric Holder and Arizona Attorney General Terry Goddard, a prospective Democratic gubernatorial candidate in Arizona.

Arizonans Speak Out Against SB 1070, Push For Comprehensive Reform

By Sarah Mamula - Talk Radio News Service

The rise of immigration enforcement, such as Arizona’s SB 1070, has led to an increase in deportations and subsequent family separations among the immigrant community, according to the National Day Laborer Organizing Network. At a press conference Thursday outside the Capitol, immigrant women and children shared their experiences and urged Congress to take action.

Ai-Jen Poo, director of the National Domestic Workers Alliance, said federal policies “are putting women and children in grave danger.” 

“There is a human rights crisis facing our families,” said Poo. “The Arizona Law SB 1070 is just a glimpse of what is to come if we do not turn the tide on immigration enforcement.” 

11-year-old Matthew Perea and 12-year-old Heidi Ruby Portugal were among the many children who spoke about their experiences in Arizona. Perea said children in the state live in fear of the police and the possibility of being separated from their parents due to deportation. Portugal told the story of her mother’s arrest while at work in Arizona.  At age 10, Portugal had to take care of 3 younger siblings, including her 3-month-old brother, while her mother was detained.  

“Luckily my mom is now here with us and she didn’t get deported,” said Portugal. the 12-year-old wants others to fight against the implementation of SB 1070 because “it’s just hateful and separates lots of families.”

With only two weeks until the Arizona law is implemented, The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO) has joined with more than 25 other organizations across the country to call for immediate immigration reform.

“Arizona’s new law makes a bad situation far worse and it’s the children, often American-born, who lose their mothers and fathers,”said Karen Nussbaum, assistant to AFL-CIO President Richard Trumpka. “We cannot stand by and watch workers get exploited and families ripped apart.”

Justice Department Files Suit Against Arizona Over Immigration Law

The Justice Department filed a lawsuit Tuesday against Arizona and its Governor Jan Brewer in response to the state’s controversial immigration law.

Citing the U.S. Constitution’s Supremacy Clause, the suit argues that Arizona’s legislation is invalid since it conflicts with federal law.

The state law, passed in April, grants law enforcement officials the authority to request proof of citizenship from those suspected of being in the country illegally. Critics have charged that it will ultimately lead to racial profiling.

The law’s defenders, including Governor Brewer, argue that the hardline legislation is simply a reaction to the federal government’s failure to effectively address border security.

In a statement released Tuesday, Attorney General Eric Holder acknowledged supporters’ complaint, but characterized the law’s repeal as a matter of national security.

“Arizonans are understandably frustrated with illegal immigration,”Holder said. “But diverting federal resources away from dangerous aliens such as terrorism suspects and aliens with criminal records will impact the entire country’s safety.”   

The Arizona law, formerly titled SB 1070, goes into effect at the end of July.