RSSSB 1070: Arizona’s Illegal Alien Law
Gene Lalor | April 30, 2010
With the continuing and worsening uproar over Arizona’s new immigration law, SB 1070, it might be worthwhile to actually read said law before demonstrating or rioting over it.
Aside from the incongruity of the spectacle of illegal aliens protesting against a public law not scheduled to go into effect for months, a look at the text of that statute might alleviate some of their overreactive concerns.
It’s a simple law, really, as far as laws go, and largely devoid of the legalistic jargon that often obfuscates what politicians write. The section titled, “Article 8. Enforcement of Immigration Laws.” and subtitled, “Cooperation and Assistance in Enforcement of Immigration Laws; Indemnification,” represents a straightforward piece of legislation:
. Part A provides for no restriction on federal immigration laws;
. Part B restricts the execution of the law to instances of “lawful contact” and “reasonable suspicion,” after which the detainee, the suspected illegal alien, has his or her status verified by the federal government;
. Part C provides for confirmed aliens to be turned over to federal authorities after serving their time or paying their fine for any lawful conviction;
. Part D permits a confirmed illegal to be transported to a federal facility by law enforcers;
. Part E allows any law enforcer to arrest a law violater if he has “probable cause” the person has committed a crime;
. Part F allows, subject to federal law, local entities to keep and/or exchange records of the immigration status of any individual for the purpose of determining eligibility for welfare, etc.
That’s all, folks! No general harassment is permitted, no stopping vehicles or individuals without cause, no unreasonable search and seizure.
It seems a very fair, very constructive, very effective, very beneficial law to this non-legal scholar so stop your griping, Mr. and Mrs. Alien Intruder. Some countries would line you up against a wall and shoot you.
For the entire law, see http://bit.ly/dc5ZMl
The full text of SB 1070, A-F:
11-1051.
Cooperation and assistance in enforcement of
15 immigration laws; indemnification
16 A. NO OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR
17 OTHER POLITICAL SUBDIVISION OF THIS STATE MAY ADOPT A POLICY THAT LIMITS OR
18 RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL
19 EXTENT PERMITTED BY FEDERAL LAW.
20 B. FOR ANY LAWFUL CONTACT MADE BY A LAW ENFORCEMENT OFFICIAL OR AGENCY
21 OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS
22 STATE WHERE REASONABLE SUSPICION EXISTS THAT THE PERSON IS AN ALIEN WHO IS
23 UNLAWFULLY PRESENT IN THE UNITED STATES, A REASONABLE ATTEMPT SHALL BE MADE,
24 WHEN PRACTICABLE, TO DETERMINE THE IMMIGRATION STATUS OF THE PERSON. THE
25 PERSON’S IMMIGRATION STATUS SHALL BE VERIFIED WITH THE FEDERAL GOVERNMENT
26 PURSUANT TO 8 UNITED STATES CODE SECTION 1373(c).
27 C. IF AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES IS
28 CONVICTED OF A VIOLATION OF STATE OR LOCAL LAW, ON DISCHARGE FROM
29 IMPRISONMENT OR ASSESSMENT OF ANY FINE THAT IS IMPOSED, THE ALIEN SHALL BE
30 TRANSFERRED IMMEDIATELY TO THE CUSTODY OF THE UNITED STATES IMMIGRATION AND
31 CUSTOMS ENFORCEMENT OR THE UNITED STATES CUSTOMS AND BORDER PROTECTION.
32 D. NOTWITHSTANDING ANY OTHER LAW, A LAW ENFORCEMENT AGENCY MAY
33 SECURELY TRANSPORT AN ALIEN WHO IS UNLAWFULLY PRESENT IN THE UNITED STATES
34 AND WHO IS IN THE AGENCY’S CUSTODY TO A FEDERAL FACILITY IN THIS STATE OR TO
35 ANY OTHER POINT OF TRANSFER INTO FEDERAL CUSTODY THAT IS OUTSIDE THE
36 JURISDICTION OF THE LAW ENFORCEMENT AGENCY.
37 E. A LAW ENFORCEMENT OFFICER, WITHOUT A WARRANT, MAY ARREST A PERSON
38 IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED
39 ANY PUBLIC OFFENSE THAT MAKES THE PERSON REMOVABLE FROM THE UNITED STATES.
40 F. EXCEPT AS PROVIDED IN FEDERAL LAW, OFFICIALS OR AGENCIES OF THIS
41 STATE AND COUNTIES, CITIES, TOWNS AND OTHER POLITICAL SUBDIVISIONS OF THIS
42 STATE MAY NOT BE PROHIBITED OR IN ANY WAY BE RESTRICTED FROM SENDING,
43 RECEIVING OR MAINTAINING INFORMATION RELATING TO THE IMMIGRATION STATUS OF
44 ANY INDIVIDUAL OR EXCHANGING THAT INFORMATION WITH ANY OTHER FEDERAL, STATE
45 OR LOCAL GOVERNMENTAL ENTITY FOR THE FOLLOWING OFFICIAL PURPOSES:
.
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