Arizona immigration law

  • October 5, 2011

    by Jeremy Leaming

    One of the nation’s harshest anti-immigrant laws is proving extremely disruptive to families, and nettlesome to enforce.

    Alabama is not alone in implementing ill-conceived immigration policy. A federal appeals court has invalidated much of Arizona’s SB 1070. But Alabama’s effort may be the leading example of a poor attempt at reform of immigration policy.

    The New York Times reported recently that after a federal judge upheld most of the Alabama law, an “exodus of Hispanic immigrants,” was triggered. In Albertville, Ala., the newspaper reported that undocumented immigrants in mass have left their homes and yanked their children from public schools. The Alabama law, among other things, requires public school officials to verify immigration status of children and parents and report suspected undocumented people to the federal government.

    In an editorial, “Alabama’s Shame,” The Times blasts the law as turning the state into the most “hostile” places for undocumented people. Since taking effect, the editorial says, “Volunteers on an immigrant-rights groups’ hot line said that since then they have received more than 1,000 calls from pregnant women afraid to go to the hospital, crime victims afraid to go to the police, parents afraid, to send their children to school.”  

    Beyond the troubling impact on families, the law is already proving to be difficult to enforce. Even Fox News noted the difficulty, “Alabama’s tough new immigration law is already proving to be quite complicated, even for law enforcement officials. The police chief of a small town in the Appalachian foothills of Alabama didn’t know what to do about checking the immigration status of a Hispanic man his department recently arrested on an old warrant.”

    In an ACS Issue Brief released this week, law professor Pratheepan Gulasekaram says supporters and opponents of strict immigration state laws, such as Arizona’s, do agree that “U.S. immigration policy needs fixing.” But reform is reached is the “real problem.”

    Gulasekaram writes that strict “enforcement advocates” start from drawing on a flawed conclusion.

    He writes:

    Migration has been, and always will be, a fact of human existence. Human movement to find work or reunite with family would be unremarkable, but for the legal construction of political borders between nation-states. But, these man-made demarcations have never, and will never, stem the tide of migrants in search of work and improved opportunities for themselves and their families. Further, the United States relies on, and requires, significant migration to fill its economic needs in both high-skilled and labor sectors. Increased border vigilance and enforcement, combined with a mismatch between actual labor needs and lawful entry visas, has only led to increases in undocumented population, greater number of border deaths, and increases in human smuggling prices paid to cartels and coyotes. These are the hard and uncontrovertable economic, social, and human facts.

  • April 13, 2011
    Guest Post

    By Jerry Gonzalez. Mr. Gonzalez is executive director of the Georgia Association of Latino Elected Officials (GALEO), a nonprofit organization focusing upon greater civic engagement and leadership development of the Latino community in Georgia. 


    Tomorrow, the Georgia Legislature will decide the fate of an Arizona-style legislative initiative (House Bill 87), an onerous copycat version of the infamous and controversial Arizona immigration enforcement law.

    Despite the fact that similar legislation across the country is being delayed due to serious economic concerns, Georgia's anti-immigrant legislators insist on irresponsibly moving forward with their immigration enforcement schemes. The passage of such controversial legislation would be fiscally disastrous for our state on a number of fronts.

    To begin with, any new state regulatory scheme of immigration enforcement would require scarce resources for implementation, training, maintenance and compliance. Where will Georgia — which like many other states, is in a serious fiscal crisis and considering budget cuts — come up with resources required for an implementation of such an expansive and onerous immigration enforcement scheme? How much will Georgia have to pay for the potential litigation costs associated with future lawsuits? It's both fiscally irresponsible and foolish to push such a massive proposal to expand the state government during these tight budgetary times.

    In addition, Georgia has worked hard for a reputation it would like to protect and an image it would like to promote across the country and abroad. It's the home of many multinational corporations, has the world's busiest airport, has a thirst for expanding international trade, and is the cradle of the Civil Rights Movement. Georgia's economic development efforts rely upon it being seen as a good place to do business. If HB 87 moves forward, that reputation will certainly be irreparably tarnished.

  • July 28, 2010

    U.S. District Judge Susan Bolton has issued a preliminary injunction blocking key portions of the Arizona immigration law scheduled to take effect tomorrow.

    The Associated Press reports that the law will take effect, "but without many of the provisions that angered opponents -- including sections that required officers to check a person's immigration status while enforcing other laws. The judge also put on hold a part of the law that required immigrants to carry their papers at all times, and made it illegal for undocumented workers to solicit employment in public places." 

    Before the judge's ruling, The Arizona Republic reported that uniformity among police authorities on enforcement was lacking.

    Supporters of the law, SB 1070, the newspaper reports had hoped it would help uniformity among the various counties on enforcement. "But a survey of Arizona police agencies indicates there is anything but a uniform approach," The Republic reports. The law requires police officers, during the enforcement of other laws, to question a person's immigration status if the officers have a reasonable suspicion that the person is in the country illegally. The law also makes it a crime for immigrants not to carry immigration documents. But Judge Bolton's ruling, which came after hearings on three of the seven federal lawsuits challenging the law, puts a halt, for now, on those portions of the law, The Republic reportedIn her ruling, Judge Bolton said the Department of Justice "was likely, but not certain, to prevail on those points [that it is better to place a preliminary injunction on a law likely to be judged later as pre-empted by federal law, among others] at a later trial in federal court, The New York Times reported. It also noted that the judge had made "no ruling on the six other suits that also challenged the law."  

    Beyond the legal challenges, the law has attracted widespread criticism. The Times recently editorialized, that the law is constitutionally suspect because "Only the federal government can set or enforce immigration policy."

    Beyond watching a video of training standards, The Republic noted that police departments across the states are taking varying approaches. The Washington Post reported that "the hardest-line approach is expected in the Phoenix area, where Maricopa County Sheriff Joe Arpaio plans his 17th crime and immigration sweep."

    The Republic, after citing some of the varying enforcement tactics, concluded that the approaches "are a reflection of the confusion that persists among agencies tasked with enforcing the law ...."

    Mark Spencer, president of the Phoenix Law Enforcement Association, blasted the law, noting that it would add to the burden of the U.S. Immigration and Customs Enforcement (ICE).

    "In light of the state statute, you have policy that appears to be designed to be costly, invasive or intrusive to citizens and burdensome to ICE," he said. "You take those three ingredients, and you have a policy that appears designed to undermine the rule of law."

    The newspapers also noted that opponents of the law are planning protests within the state. Liz Hourican of CodePink told The Post that the group plans to "block the driveway for immigration officers in downtown Phoenix."

    Recently Labor Secretary Hilda L. Solis and AFL-CIO President Richard Trumka discussed the immigration system and how it affects the economy and needs to be reformed. Secretary Solis and Trumka agreed that a path for immigrants to become documented needs to be found. Video of that discussion is available here.

    For additional analysis of the Arizona law, see video here of a panel discussion on the topic from the 2010 ACS National Convention. Following that panel discussion, MALDEF leader Thomas A. Saenz talked with ACSblog about immigration reform. His interview is available here.