Deciphering the full text of SB 1070

[ArizonaLiberal]

Source: AzCentral


"Have you read the Arizona law?"

It's a question that, with growing frequency, is cutting through the passions and politics surrounding the "Support Our Law Enforcement and Safe Neighborhoods Act," or Senate Bill 1070.

Questions about reading the statute, which makes it a state crime to be in the country illegally, aren't limited to critics. No doubt many supporters of the measure have spoken out without having read it.

In response to the hue and cry over what the law actually says, The Republic is publishing the full text of SB 1070, with University of Arizona law professor Gabriel "Jack" Chin helping to decipher the legislation.



Read more: http://www.azcentral.com/arizonarepublic/viewpoints/articles/2010/05/23/20100523deciphering-immigration-law.html

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This is a must read. An in-depth look.. Direct link to the interpretation page:

http://www.azdatapages.com/sb1070.html#annotation/a7

[SargeUNN]

1. Yes I have read the law but the problem goes beyond that

Imagine such a vague wording in the hands of a heavy handed, already found in violation of the U.S. Constitution for his jail's conditions but told them to cram it, law enforcement dept. like Maricopa County Sherriff Joe Arpaio. Consider that the bill was written by FAIR, consider Russell Pearce the one who introduced this and now working to do away with the 14th Amendment and claims to be following the 13 Articles of Faith of the Mormon Church as well as his relationship with self proclaimed Neo-Nazi J.T. Ready.

Could you imagine such a bill in the hands of Bull Connor types in the 50s and 60s? That is exactly what you have here in Arizona and with this Penal County Sheriff working toward being the next Joe Arpaio, you can bet it will be enforced ruthlessly.

I did a show tonight with a guest who gave a very accurate and knowledgable report on how 1070 is already affecting Arizona, not only financially but how it is scaring people who are Latino Americans, she even stated she realized she was likely to be so profiled in spite of being an U.S. Citizen.

There is nothing good about this law and everywhere one like it has been passed and put into effect it has had to be rewritten or abolished. The track record is 100% even in Alabama. This law is pure hate and open to create more chaos than anything, in fact it will be the second coming of Jim Crow.

[ArizonaLiberal]

2. You are so right!

I was here for the civil rights fights in the 60's and 70's and we have gone back 50 years!

[Traveling_Home]

3. Then say the truth - it's the POLICE you fear

Until we quit pretending it's the law and not the fact that it is ALL LAWS in the hand of militarized police - nothing will get fixed. The law will be repealed and the police continue profiling and swat raiding on non-violent citizens and non-citizens and some folks will sit back with smug grins saying - "Oh, we got the law repealed - we're the good guys." IF the problem is the militarized police then say so and go after them. We got to quit hiding and lying. Everybody can read the bill.

[SargeUNN]

4. I will look at your statement as made out of lack of knowledge

You obviously don't know about the law, the problems, or the likes of Pearce, Arpaio, and others. Maybe you should listen to us who live here in Arizona and know the story first hand and comment when you are better informed so you won't make such a poor statement and embarrass yourself.

[ProudProgressiveNow]

5. Agree with your statements.

The county and state are a hotbed of hate and the pols have made it safe for the racist fringe to come out of their holes.

[CreekDog]

9. Okay, but you're from Arizona --how did you spell Pinal as "Penal" County?

:rofl:

:hide:

[ArizonaLiberal]

12. Inside joke?

[pinboy3niner]

23. Freudian slip?

I once knew someone who used to mangle quotes and cliches all the time, with amusing results. MY all-time favorite was:

"You're doomed if you do, and doomed if you don't." :)

:hi:

[EFerrari]

10. It's not an either or situation but two separate although related problems.

There is a large group of LEOs that do not like this law which makes them liable no matter what they do.

[strategery blunder]

6. +1

The law itself is bad (despite its CYA provisions), but what is going down in Maricopa County (and what most of the nation doesn't know about) makes it orders of magnitude worse. :(

I no longer live in Arizona, and I've had to explain Maricopa County law enforcement to lots of people who don't know why it's so bad. They take the law's CYA provisions at face value, without realizing just how CYA (and certainty of being ignored) they are. On paper, the CYA makes it seem less odious than it really is, which is probably why there's so much "have you READ the bill? It isn't THAT bad!" going around.

[AzJusticeFreedom]

7. Well stated! nt

[pinboy3niner]

15. +1000 nt

[McSpocky]

11. request

Would it be ok if I copied your comment to post on another site?

[Downwinder]

8. This law turns the whole system of American jurisprudence on

its head. You are guilty until proven innocent. It is not for the officer to prove that you are not a citizen, it requires that you prove that you are. How many people normally carry proof of citizenship at ALL times in their own state or country?

[mynameiswhat]

13. I always have my drivers license on me

and i thought that immigrants are suppose to carry their papers on them are they not?

[EFerrari]

17. Drivers' licenses don't prove legal residence.

And randomly stopping Latinos is against Federal law.

[pinboy3niner]

18. Actually, DL's do

The law specifically provides that a DL issued by any state is presumptive proof of lawful presence in the U.S. IF the issuing state verifies lawful presense before issuance.

The Arizona DOT identifies 44 other states, besides AZ, that verify lawful presence. The five exceptions are HI, IL, NM, UT, and WA.

[EFerrari]

19. That is the "if", isn't it? And it calls to mind that trucker

we heard about that was hauled off to jail in Phoenix because he was Latino and didn't happen to have his birth certificate with him.

http://iowaindependent.com/32851/the-new-birthers-arizona-truck-driver-arrested-forced-to-show-birth-certificate

[pinboy3niner]

20. Those were feds (ICE agents), a separate issue

I was surprised that that story disappeared so quickly. Attention is focused on the AZ law now, but federal enforcement deserves more scrutiny. When questioned about this case by a local TV station, ICE got away with a response that the way they handled it was standard operating procedure. Amazingly, NO ONE followed up on that or questioned that unresponsive "response".

[EFerrari]

21. Well, it's really not a separate issue because the whole ICE strategy

for the last couple of years and mounting is their "Secure Communities" program which depends upon using local law enforcement as an adjunct.

Of course, "Secure Communities" destroys the community's trust in local law enforcement.

[mynameiswhat]

14. Is there anything in the bill that is unconstitutional?

i understand there are things that COULD happen that are illegal, but is anything in the bill illegal?

[pinboy3niner]

16. It's being challenged in the courts on constitutional grounds

The L.A. Times reported:

ACLU sues to stop Arizona's immigration law
A class-action suit filed by civil rights groups argues that the measure will lead to racial profiling and violates the Constitution.

May 17, 2010|By Nicholas Riccardi, Los Angeles Times
Reporting from Denver —

Several civil rights organizations filed a lawsuit Monday seeking to halt a controversial new Arizona law that requires local police to enforce federal immigration regulations.

The lawsuit is at least the fourth filed since Republican Gov. Jan Brewer last month signed the law, which makes it a state crime to lack immigration paperwork in Arizona and requires police to determine the status of people they suspect are illegal immigrants. The federal class-action claim contends that the law will lead to widespread racial profiling, infringes on the federal government's ability to set immigration policy and violates the Constitution's 1st and 4th amendments.

http://articles.latimes.com/2010/may/17/nation/la-na-arizona-immigration-20100518

[yewberry]

22. Yes.

Immigration is the exclusive domain of the federal government.

Same as if AZ negotiated a trade treaty with Morocco and declared war on Portugal. States don't have those rights.