Assuming the Senate Bill 1070 (SB 1070) does not get overruled it will take effect on July 29. Many people still seem to either not understand the law or mis-interpret the law so we will provide a quick break-down and summary.
- Currently any law enforcement officer may check on the legal status of a person suspected of a crime, but with SB 1070 it will be mandatory for law enforcement to check. This is one of the main differences of having SB 1070 versus not having it. Most people do not realize that police already have the right to check on a person’s legal or illegal status. The only exception will be if checking on a person’s residential status hinders an investigation (ie: scares off suspects, etc).
- SB 1070 does not make it mandatory for the police to arrest illegal immigrants. The law stays silent about this issue, leaving it up to the officer to determine just cause.
- Anyone arrested cannot be released from custody until Arizona police check with federal agencies on the status of the arrested person.
- Arizona police are not required to submit illegal immigrants to federal authorities.
- There is a rarely enforced federal law from 1940 called “willful failure to carry an alien registration form”. It’s punishable as a misdemeanor crime and will now be enforced in Arizona. Legal residence have nothing to worry about with this part of the law as they cannot be arrested for not carrying “papers”.
- Arizona does not consider this “racial profiling”, however border patrol has special leeway when it comes to considering race. Courts will later decide if this permission will be extended to officers as well.
- SB 1070 makes it illegal for illegal immigrants to work, does not allow them to solicit work and does not allow anyone to hire illegals. It is also illegal to aid an illegal immigrant to travel or hide in the United States. The only exception to this rule is if you are driving them to school or to a hospital. Arizona says this portion will be adhered to in a very honest way by judging someone’s intent in aiding illegals versus helping them to a hospital or school.
I hope this summary helps you understand State Bill 1070 in Arizona a little more. For a full pdf of the bill you can find it here.
What do you of SB 1070? Leave your comments below.