Arizona immigration law provisions
April 26, 2010Jon Brooks Comments OffThis Wikipedia entry on Arizona’s anti-immigration law might answer some questions people have about what the exact language of the law mandates.
The law makes it a state misdemeanor crime for anyone to be unable to prove lawful residence in the United States upon being asked to provide such proof pursuant to a specific section in Title 8 of the United States Code, and requires police to make a reasonable attempt, when practical to determine immigration status if there is cause to suspect they are illegal immigrants. Only when making lawful contact, anyone who appears to be an illegal alien upon reasonable suspicion and fails to produce such proof is subject to arrest without warrant, and, upon confirmation of the individual’s illegal status by the federal government, a fine of at least $500, and up to six months in jail.
A person is “presumed to not be an alien who is unlawfully present in the United States” if he or she presents any of the following four forms of identification: (a) a valid Arizona driver license; (b) a valid Arizona nonoperating identification license; (c) a valid tribal enrollment card or other tribal identification; or (d) any valid federal, state, or local government-issued identification, if the issuer requires proof of legal presence in the United States as a condition of issuance.
SB1070 also prohibits state, county, or local officials from limiting or restricting “the enforcement of federal immigration laws to less than the full extent permitted by federal law” and provides that Arizona citizens can sue such agencies or officials to compel such full enforcement.
In addition, the law makes it a crime for anyone, regardless of citizenship or immigration-status, to hire or to be hired from a vehicle which “blocks or impedes the normal movement of traffic.” Vehicles used in such manner are subject to mandatory impounding. Moreover, “encourag[ing] or induc[ing]” illegal immigration, giving shelter to illegal immigrants, and transporting or attempting to transport an illegal alien, either knowingly or while “recklessly” disregarding the individuals immigration-status, will be considered a class 1 criminal misdemeanor if less than 10 illegal immigrants are involved, and a class 6 felony if 10 or more are involved. The offender will be subject to a fine of at least $1,000 for each illegal alien so transported or sheltered.
Arizona is the first state with such a law. Prior law in Arizona, and the law in most other states, does not mandate that law enforcement personnel ask about the immigration status of those they encounter, and many police departments discourage such inquiries for fear that immigrants will not report crimes or cooperate in other investigations.
