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Arizona's 2010 Immigration Act (view source)
Revision as of 22:57, May 30, 2010
, 22:57, May 30, 2010no edit summary
Sec. 12. Short title
Sec. 12. Short title
This act may be cited as the "Support Our Law Enforcement and Safe.
This act may be cited as the "Support Our Law Enforcement and Safe.
== Summary of Arizona Senate Bill 1070 ==
==== Introduction ====
Arizona Governor Jan Brewer signed SB 1070 into law on April 23, 2010. The legislative intent
of the bill, set forth in Section 1, states that there is a compelling interest in the cooperative
enforcement of federal immigration laws throughout all of Arizona, and declares that the intent
of the law is to make attrition through enforcement the public policy of all state and local
government agencies in Arizona. The provisions of the law are intended to work together to
discourage and deter “the unlawful entry and presence of illegal aliens and economic activity by
illegal aliens in the United States.” The following is a summary of the main provisions of the bill.
==== The summary ====
Declares attrition through enforcement to be the official policy of state and local
government agencies in Arizona. (§ 1, page 1).
Prohibits local police agencies from adopting sanctuary-type policies that limit or restrict
enforcement of federal immigration laws. (§ 2(A), page 1).
During a lawful stop, directs law enforcement officers to determine immigration status of
individuals who they reasonably suspect to be illegal aliens, and for all persons who are
arrested. (§ 2(B), page 1).
Provides that persons who present any federal, state or local identification documents
that require verification of lawful status (e.g., an Arizona driver’s license) when issued
are presumed to be lawfully present. (§ 2(B), page 1).
Authorizes law enforcement agencies to securely transfer verified illegal aliens into
federal custody. (§ 2(D), page 2).
Prohibits state officials and agencies from imposing bans or restrictions on sending,
receiving, or maintaining information relating to an individual’s immigration status, or
exchanging it with any other federal, state, or local governmental entity for these
purposes (§ 2(E), page 2):
Determining eligibility for any public benefit, service, or license provided by the
state.
Verifying a claim of residence or domicile if such determination is mandated by
law or judicial order.
Confirming the identity of any person who is detained.
Determining whether an alien is in compliance with federal registration laws
under the INA (Title II, Chapter 7).
Allows legal residents of Arizona to sue if they feel a government agency adopts a policy
that limits or restricts the enforcement of federal immigration laws. (§ 2(G), page 2).
FEDERATION FOR AMERICAN IMMIGRATION REFORM • WWW.FAIRUS.ORG
Summary of Arizona SB 1070 as Enacted
Page 2
Mirrors federal alien registration laws; provides that illegal aliens who violate federal
alien registration laws (8 U.S.C. 1304(e) and 8 U.S.C. 1306(a), which require aliens to
register and carry their documents with them at all times) are now subject to arrest and
penalties under the Arizona criminal code. (§ 3, page 3 – 4).
Prohibits people who are hiring and/or picking up day laborers, and day laborers
soliciting work, from impeding traffic. (§ 5, page 5 – 6).
Prohibits illegal aliens without work authorization from applying for work, soliciting work
in a public place, or performing work in the state. (§ 5(C), page 5).
Makes it illegal to transport, harbor, or encourage illegal aliens to remain in the United
States if the driver knows or recklessly disregards that they are illegal (as under federal
law). Provides exemptions for child care providers and first responders. (§ 5, page 6).
Authorizes law enforcement officers to arrest an individual without a warrant if they have
probable cause to believe the individual has committed any public offense that makes
him/her removable from the U.S. (§ 6(A), page 6 – 7).
Requires employers to maintain a record of an employee’s E-Verify eligibility verification
for either (a) the duration of employment or (b) at least three years. (§ 9(A), page 15).
Authorizes the impoundment or forfeiture of vehicles driven by illegal aliens, or used to
unlawfully transport them. (§ 10, page 15 - 16).
Establishes the Gang and Immigration Intelligence Team Enforcement Mission Fund to
use fines and penalties for gang and immigration enforcement and for county jail
reimbursement costs relating to illegal immigration. (§ 11, page 16).<ref> http://www.fairus.org/site/DocServer/ariz_SB1070_summary.pdf?docID=4761</ref>
('''Page numbers in summary section to be revised''')
== U.S immigration policy vs. Arizona Senate Bill 1070 ==
== U.S immigration policy vs. Arizona Senate Bill 1070 ==