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Line 873: − + − + − + − + − + − − − − + − 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+ − + − + − + − + − + − + − + − :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+ − + − + − Mirrors federal alien registration laws; provides that illegal aliens who violate federal+ − + − register and carry their documents with them at all times) are now subject to arrest and+ − penalties under the Arizona criminal code. (§ 3, page 2 – 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+ − + − + − 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 5 - 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).+ − + − Requires employers to maintain a record of an employee’s E-Verify eligibility verification+ − + − + − Authorizes the impoundment or forfeiture of vehicles driven by illegal aliens, or used to+ − unlawfully transport them. (§ 10, page 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+ − + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +
Arizona's 2010 Immigration Act (view source)
Revision as of 03:50, June 17, 2010
, 03:50, June 17, 2010no edit summary
This act may be cited as the "Support Our Law Enforcement and Safe Neighborhoods Act".
This act may be cited as the "Support Our Law Enforcement and Safe Neighborhoods Act".
== Summary of Arizona Senate Bill 1070 ==
== Arizona Senate Bill 1070 facts ==
==== Introduction ====
==== Purpose according to the bill ====
Arizona Governor Jan Brewer signed SB 1070 into law on April 23, 2010.<ref> http://www.fairus.org/site/DocServer/ariz_SB1070_summary.pdf?docID=4761</ref> It is scheduled to go into effect on July 28, 2010, ninety days after the end of the legislative session.<ref> http://www.azleg.gov/GeneralEffectiveDates.asp </ref> The legislative intent
Arizona Governor Jan Brewer signed SB 1070 into law on April 23, 2010.<ref> http://www.fairus.org/site/DocServer/ariz_SB1070_summary.pdf?docID=4761</ref> It is scheduled to go into effect on July 28, 2010, ninety days after the end of the legislative session.<ref> http://www.azleg.gov/GeneralEffectiveDates.asp </ref> The legislative intent
of the bill, set forth in Section 1, states that there is a compelling interest in the cooperative
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
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
of the law is to make attrition through enforcement the public policy of all state and local
discourage and deter “the unlawful entry and presence of illegal aliens and economic activity by illegal aliens in the United States.”<ref> Same as reference #8 </ref>
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 of the main provisions of the bill ====
==== Background ====
Federal law provides that any alien who 1) enters or attempts to enter the U.S. at any time or place other than as designated by immigration officers, 2) eludes examination by immigration officers, or 3) attempts to enter or obtains entry to the U.S. by a willfully false or misleading representation is guilty of improper entry by an alien. For the first commission of the offense, the person is fined, imprisoned up to six months, or both, and for a subsequent offense, is fined, imprisoned up to 2 years, or both (8 U.S.C. § 1325). The U.S. Immigration and Customs Enforcement (ICE) is the primary authority for enforcing immigration laws. ICE was created in March 2003 as an investigative branch of the Department of Homeland Security. ICE was the result of combining the Immigration and Naturalization Service and the U.S. Customs Service. Current statute defines criminal trespass in the first degree as a person knowingly entering or remaining unlawfully in areas related to residential structures, residential yards, real property subject to a valid mineral claim or lease under certain circumstances, property if the person defaces religious symbols or religious property, or critical public service facilities. Depending on the circumstances, criminal trespass in the first degree provides penalties ranging from a class 1 misdemeanor to a class 6 felony (A.R.S. § 13-1504). In 2007, Arizona enacted the Legal Arizona Workers Act (LAWA), prohibiting an employer from knowingly or intentionally employing an unauthorized alien and establishing penalties for employers in violation. The U.S. Citizenship and Immigration Services office administers the Systematic Alien Verification for Entitlements (SAVE) Program. The SAVE Program, together with the Social Security Administration (SSA), administers E-Verify, which allows employers to electronically confirm the employment eligibility of all newly hired employees. LAWA requires all Arizona employers to use E-Verify to verify the employment eligibility of new hires. Proof of verifying the employment authorization of an employee through E-Verify creates a rebuttable presumption that an employer did not intentionally or knowingly employ an unauthorized alien. The fiscal impact is unknown; however, there may be additional costs associated with criminal prosecution and detention of persons who are accused and convicted of the crimes established in this legislation. Additionally, the addition of new fines associated with this measure may also have an impact.
==== Provisions ====
====== Enforcement ======
1. Requires a reasonable attempt to be made to determine the immigration status of a person during any legitimate contact made by an official or agency of the state or a county, city, town or political subdivision (political subdivision) if reasonable suspicion exists that the person is an alien who is unlawfully present in the U.S.
2. Requires the person’s immigration status to be verified with the federal government pursuant to federal law.
3. Requires an alien unlawfully present in the U.S. who is convicted of a violation of state or local law to be transferred immediately to the custody of ICE or Customs and Border Protection, on discharge from imprisonment or assessment of any fine that is imposed.
4. Allows a law enforcement agency to securely transport an alien who is unlawfully present in the U.S. and who is in the agency’s custody to:
a) a federal facility in this state or
b) any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency.
5. Allows a law enforcement officer, without a warrant, to arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the U.S.
federal custody. (§ 2(D), page 1).
6. Prohibits officials or agencies of the state and political subdivisions from being prevented or restricted from sending, receiving or maintaining an individual’s immigration status information or exchanging that information with any other governmental entity for the following official purposes:
Prohibits state officials and agencies from imposing bans or restrictions on sending,
a) determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state;
receiving, or maintaining information relating to an individual’s immigration status, or
b) verifying any claim of residence or domicile if that verification is required under state law or a judicial order issued pursuant to a civil or criminal proceeding in the state;
exchanging it with any other federal, state, or local governmental entity for these
c) confirming a detainee’s identity; and
purposes (§ 2(E), page 1):
d) if the person is an alien, determining whether the person is in compliance with federal alien registration laws.
7. Disallows officials or agencies of the state or political subdivisions from adopting or implementing policies that limit immigration enforcement to less than the full extent permitted by federal law, and allows a person to bring an action in superior court to challenge an official or agency that does so.
8. Requires the court, if there is a judicial finding that an entity has committed a violation, to order any of the following:
a) that the plaintiff recover court costs and attorney fees;
b) that the defendant pay a civil penalty of not less than $1,000 and not more than $5,000 for each day that the policy has remained in effect after the filing of the action.
9. Requires the court to collect and remit the civil penalty to the Department of Public Safety (DPS), which must establish a special subaccount for the monies in the account established for the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) appropriation.
10. Specifies that law enforcement officers are indemnified by their agencies against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this statute to which the officer may be a party by reason of the officer being or having been a member of the law enforcement agency, except in relation to matters in which the officer is adjudged to have acted in bad faith.
that limits or restricts the enforcement of federal immigration laws. (§ 2(G), page 2).
====== Trespassing by Illegal Aliens ======
11. Specifies that, in addition to any violation of federal law, a person is guilty of trespassing if the person is:
a) present on any public or private land in the state and
alien registration laws (8 U.S.C. 1304(e) and 8 U.S.C. 1306(a), which require aliens to
b) is not carrying his or her alien registration card or has willfully failed to register.
12. Requires, in the enforcement of this statute, the final determination of an alien’s immigration status to be determined by:
a) a law enforcement officer who is authorized to verify or ascertain an alien’s immigration status or
b) a law enforcement officer or agency communicating with ICE or the U.S. Border Protection.
13. Stipulates that a person is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.
in a public place, or performing work in the state. (§ 5(C), page 5).
14. Directs the person to pay jail costs and an additional assessment of at least $500 for the first violation or at least $1,000 for subsequent offenses.
15. Requires the court to collect and remit the assessments to DPS for the special GIITEM subaccount.
16. Specifies that the trespassing statute does not apply to a person who maintains authorization from the federal government to remain in the U.S.
17. Classifies the violation as follows:
a) a class 2 felony if the person commits the violation while in possession of a dangerous drug, precursor chemicals used in the manufacturing of methamphetamine, a deadly weapon or dangerous instrument or property that is used for committing an act of terrorism;
b) a class 4 felony for a second or subsequent offense or if the person, within 60 months before the violation, accepted a voluntary removal from the U.S. or has been deported;
c) a class 1 misdemeanor in all other cases.
for either (a) the duration of employment or (b) at least three years. (§ 9(A), page 15).
====== Unlawful Stopping and Solicitation of Work ======
18. Specifies that it is unlawful, if a motor vehicle is stopped on a street, roadway or highway and blocks or impedes the normal movement of traffic:
a) for a motor vehicle occupant to attempt to hire or hire and pick up passengers for work at a different location;
b) for a person to enter the motor vehicle in order to be hired by a motor vehicle occupant and to be transported to work at a different location.
19. Stipulates that it is unlawful for a person who is unlawfully present in the U.S. and who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in Arizona.
reimbursement costs relating to illegal immigration. (§ 11, page 16).<ref> See reference #6</ref>
20. Classifies these offenses as class 1 misdemeanors.
21. Defines solicit and unauthorized alien.
====== Unlawful Transporting ======
22. Specifies that it is unlawful for a person to do or attempt to do the following if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the U.S. in violation of law:
a) transport or move an alien in Arizona in a means of transportation;
b) conceal, harbor or shield an alien from detection in any place in Arizona, including any building or means of transportation.
23. Stipulates it is unlawful to encourage or induce an alien to come to or reside in Arizona if the person knows or recklessly disregards the fact that such coming to, entering or residing in this state is or will be in violation of law.
24. Subjects a means of transportation used in the commission of a violation to mandatory vehicle immobilization or impoundment.
25. Classifies these offenses as class 1 misdemeanors and subjects offenders to fines of at least $1,000, except that a violation that involves 10 or more illegal aliens is a class 6 felony with a fine of at least $1,000 for each alien who is involved.
====== Investigations of Employers ======
26. Allows the county attorney, in investigations of employers who are alleged to have knowingly or intentionally hired unauthorized aliens, to take evidence, administer oaths or affirmations, issue subpoenas requiring attendance and testimony of witnesses and cause depositions to be taken.
27. Exempts proceedings held during the course of a confidential investigation from open meeting laws.
28. Stipulates that an employer is not entrapped in an investigation if the employer was predisposed to knowingly or intentionally employ an unauthorized alien and law enforcement officers or their agents merely provided the employer with an opportunity to do so.
29. States that it is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identities.
30. Directs employers to keep verification records of their employees’ work eligibility through E-Verify.
31. Establishes a class 3 felony for failing to:
a) verify employment eligibility through E-Verify or
b) keep records of verifications.
====== Miscellaneous ======
32. Specifies that monies in the special GIITEM subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to immigration.
33. Stipulates that the terms of the act regarding immigration have the meanings given to them under federal immigration law.
34. Requires the act to be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of U.S. citizens.
35. Contains intent and severability clauses.
36. Titles the legislation the “Support Our Law Enforcement and Safe Neighborhoods Act.”
37. Makes conforming changes.
38. Becomes effective on the general effective date.<ref> http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.htm </ref>
== U.S immigration policy vs. Arizona Senate Bill 1070 ==
== U.S immigration policy vs. Arizona Senate Bill 1070 ==