Almost all of you know about (hopefully) Arizona’s new immigration law SB1070. This law is in place to combat the growing problem of illegal immigration. The original intent of this law was to allow police officers to use race, ethnicity and nation of origin as a determining factor in detaining a person. If they were Mexican, they could be stopped and asked to prove they are US Citizens.
10 states including Utah, Oklahoma, Colorado, Ohio, Missouri, Georgia, South Carolina, Mississippi, Texas and Maryland have legislators who are calling for similar laws. Not to mention Tom Emmer, the GOP candidate for the governor of Minnesota, who said the Arizona legislation was a good start.
After the Governor of Arizona, Jan Brewer, signed SB1070 into law they corrected some of the issues dealing with race. House Bill 2162 was signed to make sure that race, ethnicity and the nation of origin cannot be used as reasonably articulated suspicion to stop someone. However, many people feel that it is unavoidable and discrimination will occur.
It has become unclear about what is truth and what is hype in regards to this immigration bill. Many supporters of the bill like the idea that someone could be stopped just because they are of Hispanic heritage. Many of the people who are strongly against this bill fear this very same thing.
We will find out what happens in the near future. However, if this discrimination does occur any police officer who is found liable will face the consequences of the law. This bill also makes it clear to law enforcement that if they do not follow the state law that there will be consequences.
So, the bill originally made it a misdemeanor for an illegal immigrant to be in Arizona without carrying registration documents. Of course, the problem arises when a US citizen enters Arizona without a driver’s license or form of registration. If they get detained and are unable to present this information they will be held and eventually deported.
The original bill made it so an officer could look at a person and then make the judgment to determine if they were illegal. They could then ask the person, search and seize them based on this judgment. That was the old bill.
The house bill changed this.
From Wikipedia:
On April 30, the Arizona legislature passed, and Governor Brewer signed, House Bill 2162, which modified the law that had been signed a week earlier, with the amended text stating that “prosecutors would not investigate complaints based on race, color or national origin. “The new text also states that police may only investigate immigration status incident to a “lawful stop, detention, or arrest”, lowers the original fine from a minimum of $500 to a maximum of $100, and changes incarceration limits from 6 months to 20 days for first-time offenders.
So, the real teeth of the final bill that will be made into law is that it requires police officers to ask a person they have detained if they are a US citizen. This bill also increase the penalty for employers who hire illegal immigrants, it makes it illegal for anyone to pick up a person off the street for the purposes of working.
I understand that discrimination might occur because of the original senate bill that was passed. However, the House bill made it clear that any discrimination based in race, ethnicity or nation of origin would be illegal. Not only that, but a police officer is not legally able to detain a person who is suspected of being illegal solely on those grounds. They must have another reason to justify the detention.
So, Arizona created a law that was supposed to be tough on illegal immigrants, it was supposed to allow police officers to detain these people and ‘clean up the streets’ of Arizona.
Due to the backlash, this Arizona law was dwindled down. Police cannot stop a person they suspect and the fines for being an illegal were severely diminished. It is pretty much a slap on the wrist at this point.
What is the point of creating a law that is potentially unconstitutional when it will not even address the problem one is attempting to solve?
Illegal immigration is a double-edged sword. The US benefits from Illegal immigration in many ways, including the increased economic activity, a cheap workforce, non-citizens who pay income taxes and the vast cultural benefits. There are also many problems associated with illegal immigration such as increased criminal activity (drug smuggling, document forgery, prescription drugs being sold Over the Counter in Minneapolis, etc), increase in costs for health, education and police services and it hurts the society at large to have so many individuals disobeying the laws of the land.
We know what the problem is and we know that it is unconstitutional to stop people based on the country of origin. There have been reports of a national ID card being issued, but those can easily be forged or stolen.
We need to solve this issue at both ends. Mexico cannot provide its citizens with an opportunity for employment or success. The corruption in Mexico needs to end before the United States is able to successfully combat illegal immigration.
(As an example of the corruption: I worked with a Mexican real estate agent for a year, she got her driver’s license in Mexico city by bribing a DMV worker. I got my license in MN by taking 6 months worth of classes, having a permit for a year and then I got it after taking a behind the wheel test, see the difference?)
If Mexico and the rest of Latin America can provide its citizens with opportunity they will not want to leave. As a nation we must also make it a felony to be in the United States illegally, a felony to be harboring illegal immigrants and a felony to hire illegal immigrants. If these laws were in place the problem would not be as great.
Many people say that this will lead to an overcrowding of our prison system and I agree. But, the policy of deportation has not worked in the past and we are unable to make all of these people citizens. Another option, before we increase the legal penalties for illegal immigration, would be to give the illegal immigrants the option to return safely to their home, we will even pay their bus fare! This is a way to give the people who do not want to risk prison a chance to go home. We must understand that these are people who are trying to better their lives. It just so happens that when they come to the United States it makes it more difficult for us to manage nation. We are a nation of law and order and it should remain that way.
This is a tough issue and will only get tougher until the United States is willing to put pressure on Mexico and the rest of Latin America to clean up their act. By, imprisoning all illegal immigrants until Mexico and the rest of Latin America does this to our satisfaction we can get better control of this situation.
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UPDATE 5/19/2010
I have been thinking about my statement about imprisoning undocumented immigrants and I truly feel that would be a horrible mistake. We have a system in place that has been tolerant of their prescience and it would be immoral to abruptly change that without giving fair notice to them.
Also, prison is not a place for average citizens who are trying to better their lives. I hope that we are able to come to an agreement soon in regards to immigration. We need to make legal immigration a top priority because it will sustain the growth of the US, but we need to curb the will to illegally immigrate to the US.
What do you think about Illegal Immigration?
Good links!
http://www.huffingtonpost.com/louis-provenzano/arizonas-immigration-law_b_567590.html
http://en.wikipedia.org/wiki/Arizona_SB1070#cite_note-sb1070_3-19
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf
http://www.azleg.gov/legtext/49leg/2r/bills/hb2162c.pdf
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Just exactly where can I get prescription medications over the counter in Minnap, or am I reading this incorrectly?
I disagree that the “problem” is “growing,” There has been some evidence that the problem is actually decreasing due to our economic troubles. http://articles.latimes.com/2010/feb/11/local/la-me-immig11-2010feb11
I also disagree with the term “illegal.” Your insistence on calling them illegal is inaccurate and inflammatory. It evokes thoughts of criminal behavior. Pre-Arizona there was nothing criminal about. If you are in the country without a green card or other documents it is a civil offense handled by federal immigration officials. It is an administrative violation and they are undocumented not illegal. Acts may be referred to as illegal I do not think people should be.
The reason this bill was passed is because a rancher was murdered on his ranch. Potentially this was done by undocumented workers but more likely by drug and/or people smugglers. Drug and people smuggling is not going to stop because Arizona checks identification. Drug/people smuggling is a felony as it ought to be. The real problem is American’s drug habit, or if you wish, the criminalization of America’s drug habit. I think that it should be easier to become a U.S. citizen or to come here to work.
I do agree that the problem, to some extent, is a result of poor governance in Mexico and economic exploitation of Mexico and its workers by the U.S. I agree that it needs to be solved at both ends. I also agree that it is not going to be very effective at what it purports to do, which is to punish illegal immigrants. I think the real reason AZ passed this is to deter illegal immigrants from coming there and push them towards CA or TX.
Nevertheless, AZ’s law is likely unconstitutional but not only because of the racial profiling aspect. In the Constitution naturalization is an enumerated power of Congress. By negative implication an affirmative grant of power to Congress often precludes state regulation in the same area. As a result, I think that it is likely that AZ’s law will be preempted by the Federal Government under the Supremacy Clause. Other attempts of states to pass immigration laws have been struck down. See, Hines v. Davidowitz.
Let us not forget that Arizona was Mexico’s before it was ours. We have had control over Arizona only since 1846. Perhaps there is a more workable solution than calling humans illegal.
Thanks for the comments! You bring up a number of great points and I will do my best to address them.
I agree that the term illegal is improper. I should have used a different term. Maybe undocumented or, “unlawfully residing in the United States.” That would work for me. The fact is that many of these people have entered the US illegally, stayed here longer then legally allowed or took jobs when not legally allowed.
I agree that US drug laws are screwed up and partially to blame for the current conditions in Mexico, ex: Juarez. However, this bill was passed for more reasons than just the murder of the Rancher, although the murder certainly was a large point. The fact is that illegal immigration has taken a far greater toll on Arizona then Minnesota, Massachusetts or a number of other states. We have had a policy that is in its most lenient form compliant and in its most extreme from results in deportation for some individuals.
I agree that we need to find a quick path to citizenship for those undocumented aliens who have worked in the US and paid taxes. Those people are extremely valuable assets and they should be allowed to pursue the American Dream without fear of deportation or other consequences.
Arizona’s law is most likely unconstitutional and it might result in racial profiling. However, the problem is going to keep on escalating and it is a drain on the financial resources of many social institutions and our government. Many people who would like to prevent undocumented immigration to the United States feel that it is a grave threat. If, US citizens end up losing rights, liberties, luxuries or other benefits of being a US citizen due to undocumented immigration, then that is a shame.
We need to find a solution that addresses the needs of the people who are immigrating to the United States but we also need to be able to maintain the prosperity seen in the United States. We are all human beings and it is important to act on a day to day basis under that ideal. However, state actors that shape this world act almost solely based on a realist perspective. While humanism or liberalism is a good idea to strive for, it must be tempered by facts and reality.
The world is setup (before any of us were born) in a way where we have a country and other people have a country. We are all competing. The US was setup under the premise that we can compete and provide a great place to live for the people of the world. Currently, we are living in a much smaller world that has more cooperation and transparency. This is a wonderful thing.
Unfortunately, because state actors want to continue to operate in a realist manner, as a country we can only do the same. It is great to have ideals, such as environmentalism, but we cannot sacrifice our nation as a whole to achieve any single ideal. (Separate note: If we increased our environmental concern and protection while India and China do not, we will suffer.)
We should also not sacrifice any of our ideals to try and achieve further greatness or prosperity. It is our ideals that have made the US as strong as it is. Including the ideal that we are a country that is based on immigration. So, with that in mind. We must further pressure Mexico to provide its citizenry with a country in which they can be proud. While in my article I mentioned imprisonment, I now feel that would be at the far end of the spectrum. Other options would be more economic cooperation between the two nations, spur further job growth in Mexico, allow for easier cash flow and create a streamlined path to citizenship for undocumented aliens who are working and have paid taxes.
We must adhere to a balance. But, by disturbing the law and order of the United States we will all lose.
Arizona was part of Mexico at one point. Keep in mind that Minnesota, as an example, has been partially controlled by the British, Spanish and French at one point, but it is firmly American.
I would also like to add that it is clear that racism is playing a huge role in the recent legislation in Arizona. Especially, with the recent attempts to limit ethnic studies classes.
For me, I think that most of these laws are unnecessary. Like you said, immigration laws are made at the federal level and then the local school boards are the ones to decide a curriculum. Not the state.
I do hope that LA and hispanic communities across the US do boycott Arizona, because it is their right. It is too bad that the proponents of stricter immigration laws and enforcement cannot meet with people in the hispanic community to come to an agreement.
Anthony Carranza,
The issue of immigration is a very tough issue to examine. After reading the information from this article, I think there are some valid points you state on the matter.
As an immigrant from South America I have to say my experience has been different from other Latinos in this country.
I have conducted interviews with sources in Minnesota and believe the risks they take to come here are too high. I cannot blame them, but when you bring up government both Mexico and the U.S have to collaborate. As you said its cheap labor on one side and for the immigrant worker a chance at a better life.
I think that the U.S has many opportunities to offer to those who have access to it. With this economic recession the system is no longer able to sustain everyone and that is why law has to be enforced. One of the pitfalls of Latin America is most of our professionals who graduate college do not get the job they want and they go to countries like the U.S, Europe, etc.
For this particular issue, I think its essential to examine the stories individually because when you start to tackle the entire issue you dont know the starting or end points.
I am tired of seeing immigrants get ahead at the expense of US taxpayers. They enjoy free loans, free healthcare, foodstamps, etc. Things that most of us tax paying citizens don’t qualify for (because we are not immigrants) Something is wrong with this picture. Yes, this is a country of immigrants but if you really think about it all countries are countries of immigrants. There has to be a limit somewhere! We need to become more like Australia in terms of dealing with immigration laws!
In addition, if you are here illiegally you should be deported immediately! Unfortunately, there are many people here that have been here for years illegally and they have children who have known only the U.S. as home. If they have been paying taxes for years then it would be unfair to deport them. However, something needs to be done to stop the influx of illegal immigrants. Yes, I said ILLEGAL. If you are here unlawfully then you arer illegal!
You know, this is what kills me, Cynthia rapping on about illegals being the only problem on welfare. Its everyone, before you go on making ignorant comments look at the system. Welfare is being taken advantage of by EVERYONE not just immigrants. You have a problem with the welfare aspect blame the government and the agencies that manage that retarded welfare program. Loans are not free, they are LOANS, not gifts. Food stamps and free healthcare is basically the same thing as the welfare. I never said that this was not a problem, however, people that blame immigrants for them not having jobs or being able to get jobs should look closer at themselves and realize that if youre lazy, unmotivated, and a complainer you will NOT have a job. People that do have the necessary qualities will obviously be preferred over someone who doesnt posses favorable qualities. The issue here is; secure the borders, restructure the welfare system, and also pass laws regarding immigrant workers. There are a lot of jobs that pay cash and dont go through the state nor the federal government for those taxes that get usually taken out but this is not limited to only immigrants, I actually know a lot of people that are US Citizens taking advantage of this.