The Legal Battle over SB 1070 Begins.

-----------From the ColorLines Magazine Blog, Racewire, today-------------

The Lawsuits Are Here: ACLU, MALDEF, NILC Challenge Arizona

Julianne Hing

Immigrant and civil rights groups are set to announce in Phoenix today that they are ready to take on SB 1070, Arizona’s new law that demands that law enforcement officers pull over and question anyone they believe may be in the country without papers. The Mexican American Legal Defense and Education Fund, the National Immigration Law Center, the American Civil Liberties Union and its Arizona state chapter will challenge the law’s constitutionality on the grounds that the bill sanctions racial profiling.

This collection of groups is the same that fought California’s Prop 187. And both MALDEF and the ACLU have been involved in court battles to overturn local ordinances in Farmers Branch, Texas and Hazleton, Pennsylvania, that tried to bar undocumented immigrants from renting property in the town. Thomas Saenz, the president of MALDEF, Alessandra Soler Meetze, the executive director of ACLU-Arizona, Dolores Huerta, famed labor and immigrant rights’ leader, and the singer Linda Ronstadt are expected to speak.

Governor Jan Brewer, who signed SB 1070 into law on Friday, defended her decision then by issuing an Executive Order that demanded appropriate training for law enforcement officers so they could enforce the law without resorting to racial profiling.

“Racial profiling is illegal,” Brewer said on Friday. “It is illegal in America, and it’s certainly illegal in Arizona.” When pressed though, she couldn’t provide specific criteria that police should rely on.

Elsewhere in Phoenix, the 24-hour vigils outside the state Capitol building are now in their eleventh day. And international pop star Shakira is rumored to be meeting with Phoenix mayor Phil Gordon to lend her support to the town in its efforts to fight SB 1070.

[update 2:44pm EST] This morning, two other lawsuits were filed against SB 1070. The National Coalition of Latino Clergy and Christian Leaders filed a lawsuit in U.S. District Court in Phoenix charging that the state bill violates federal law by trying to enforce immigration laws on its own.

And The Arizona Republic reported Tucson police officer Marin Escobar filed a lawsuit this morning charging that SB 1070 forces law enforcement officers to rely on racial profiling to comply the law. Escobar challenged SB 1070, saying that there is no such thing as racially neutral criteria when it comes to visually determining a person’s immigration status.

Romley to Brewer: VETO SB 1070.

This is remarkable. 

This takes courage, Mr. Romley. 

Thank you.

-----------------------------

Rick Romley to Governor: Veto Immigration Bill; Interim County Attorney Says He'll Enforce Law as Obligated

By Ray Stern,  

Phoenix New Times

Thursday, Apr. 22 2010 @ 11:11AM

 

The harsh anti-illegal-immigrant law before Governor Jan Brewer is "tearing our community apart" and should be vetoed, Interim Maricopa County Attorney Rick Romley said today.

Romley, in his first major news conference since replacing Andrew Thomas, said that besides the negative consequences in Valley neighborhoods, he also has "significant" legal and policy concerns about the bill, which would make being in the country illegally a state crime.

Romley referred to his office's aggressive prosecution of Frank Roque, who shot a Sikh Indian store owner in Mesa back in 2001 after the 9/11 attacks. Community members' emotions ran high after the terror attacks, but putting Roque behind bars sent a strong statement that violence wasn't the way to respond. Similarly, the harsh proposal passed by the Arizona Legislature is the wrong way to address the problem of illegal immigration, he said.


If the bill becomes law, Romley acknowledged, he's "obligated" to enforce it. But he's worried it represents an unfunded mandate from the state and that it has the potential to generate abuses of civil rights.

For instance, he said, the bill requires someone who's arrested to be detained until their immigration status is determined.

"What if the computers break?" he wondered.

Romley also said he's still deciding whether his office will prosecute anyone for smuggling themselves into the United States.

Thomas put more than 1,000 immigrants in jail for about three months each under his court-sanctioned interpretation of the state's human smuggling law.

Click here for more about Romley's announcements today.

We Shall Overcome SB 1070.

Hey Folks - Note the new widget to the left and click on the Police State to take action against SB 1070. It'll take you to a page to email the Governor. You can use the canned letter they provide, or write your own. Even though she's received over 6,000 emails from the site, I wrote my own:

----------------------------------------Subject: "We Will Resist SB 1070"-------------------------------------

"We were kind of hoping you would save us from the fascists, not collude with them, but rumor has it that you'll be signing SB 1070 any day now - or just letting it pass into law - not vetoing it.

You still have time to save the day – you can still be the hero of this civil rights movement. Or, you can pave the way for people like Pearce to have even more power over people like you and I.

This will be your great test, I guess – do you have what it takes to fend off the bad guys in the legislature, or do we need a new chief executive?

I don’t believe you would sign this bill if Pearce didn’t have some kind of leverage with you that we can’t see, because I think you know the harm it will do us all. It’s going to tear this place apart.

Remember Mississippi's Freedom Summer? Arizona may have a similar boost in tourism soon - possibly of people not carrying documents. What a mess that could be, all those civil rights activists getting stopped and detained because they're passing through Arizona looking too brown...how embarrassing, and what a waste of law enforcement resources, verifying that they’re all citizens…

And no doubt hate crimes against Latinos and their sympathizers are about to go out of sight. The bad guys here carry guns everywhere, you know. Most poor people don't.

So, many prayers are with you tonight, as are the hopes of young citizens with undocumented parents, communities with undocumented neighbors, and a whole lot of undocumented and silenced victims of crime who will never feel safe anywhere again...

Would you tell the young woman from Chiapas who is raped that she should have known better, and deport her in cuffs? Or the Guatemalan teenager looking for his parents that it's their own fault if they're lost in the federal detention system (earning big bucks for CCA every day they stay "lost" there) - then lock him up, too, until they're "found"?

That's the kind of stuff you do, Governor, every time you sign off on one of these abusive pieces of legislation that Pearce pushes through. It's all only gotten worse for people of color in this state under you. If you really believe, with all your heart, that this bill is good for Arizona - sign away. By all means, be true to yourself and honest with us about the implications.

But I don't think you really believe it will be good for Arizona. I think you know there's a fascist or two among us with far too much power, and that this piece of legislation comes not from a love of America, but from a fear of everyone brown - citizen and non-citizen alike. It's about white supremacy. If you sign it, you can't later claim ignorance or innocence - you've been advised by the very people who would know what evil this is.

We’re saddened to think you'll be signing SB 1070, Governor. Just don't think it will win you any votes from the far right - and be sure it will lose you many from the center - once this thing sinks in.

This bill makes us the most racist, fascist state in the country, and we will resist it until the young and the wise and the poor are powerful enough to throw you all out of our State House and Governor’s Mansion..."

NO MORE Deaths! RESIST SB 1070!

Greetings,

As most of you know by now, Arizona is gearing up to be the first state in the country to dramatically expand police powers to stop, question and detain individuals for not having proper identification.  The Governor will be expected to sign this bill into law this week...unless we fight to stop it! Please get involved in whatever way you are able.  There will be actions every day at the Capital until she VETOES this bill (or signs it).

 Here are things you can do to help:

1.  FIRST...if you haven't already called or e-mailed the governor, do it NOW!  Tell her to VETO SB1070!
Call her at 602-542-4331
Or, e-mail her at:
http://www.azgovernor.gov/contact.asp
http://www.janbrewer.com/contact/


2. Daily activities at the Capital (subject to change)

Monday - 
- Funeral & Mourning for Courage and Leadership - 12noon - sponsored by Border Action Network
In front of Senate Building

- Daily vigil in front of Governor's office -11:00-1pm

Tuesday - (this is the day the Governor receives the bill for her signature)
11am - Press conference - at Capital
11-12 - Interfaith Prayer Vigil - at Capital
11:30 - Delegation to Governor's office
- Daily vigil in front of Governor's office -11:00-1pm


Wednesday -
- DC press conference, in front of the DHS office. (for those living near the DC area...come out and support this)
- Daily vigil in front of Governor's office -11:00-1pm

Thursday -
- Protest at CPLC Dinner (more information tba) - Daily vigil in front of Governor's office -11:00-1pm

---------------------------------

ACLU of Arizona Condemns Passage of Immigration Enforcement Bill

For Immediate Release:
Wednesday, April 14, 2010                                
Contact: Alessandra Soler Meetze, 602-773-6006(office) or (602) 418-5499(cell)

PHOENIX – Following a vote in the House of Representatives to dramatically expand police powers to stop, question and detain individuals for not having proper identification, the American Civil Liberties Union today condemned the passage of SB 1070.

“From business groups, faith leaders, and privacy advocates to municipal governments, police chiefs and prosecutors, Arizonans from all walks of life came forward to oppose the bill,” said Alessandra Soler Meetze, executive director of the American Civil Liberties Union (ACLU) of Arizona. “We are extremely disappointed that House members chose to ignore the serious concerns they raised in favor of political expediency.  History has taught us time after time that it does not pay to trade in our basic liberties for fear mongering.  Arizona will unfortunately have to learn that lesson again.”


The bill requires police agencies across the state to investigate the immigration status of every person they come across whom they have “reasonable suspicion” to believe is in the country unlawfully.  To avoid arrest, citizens will effectively have to carry “their papers” at all times.  It also attempts to make it a state crime to violate the federal laws on registering with the Department of Homeland Security and carrying registration documents, curtails the free speech rights of day laborers, and encourages unchecked information sharing between government agencies. The bill will likely be transmitted to the Governor in the coming week after a vote on the Senate floor to reconcile the House version with a prior version that passed out of the Senate in February.

“Instead of working on real solutions to the immigration crisis, our legislators have devised a proposal that is full of shortcuts,” added Meetze. “Contrary to what proponents of SB1070 say, the bill does not prohibit officers from relying on race or ethnicity in deciding who to investigate.  Police untrained in the complexities of immigration law will have a green light to harass anyone who looks or sounds foreign.”

The ACLU said that the provision that makes it a state crime to violate federal registration laws will likely be found unconstitutional. The Supremacy Clause gives the federal government exclusive power to regulate our borders, and with very few exceptions, states are not free to create their own laws regulating immigration.

Similar attempts by other localities to create their own immigration laws have been repeatedly struck down by the courts. Just last month, a federal court in Texas permanently enjoined the City of Farmer’s Branch from implementing a housing ordinance prohibiting rentals to undocumented immigrants.  This was the City’s third attempt at drafting such an ordinance, a failed experiment that has cost residents about$3.2 million in legal fees to defend.  Other ordinances have been overturned in Riverside, NJ, Valley Park, MO, and Hazelton, PA. 

“This bill is so far-reaching that many U.S. citizens, Native Americans, and lawful residents will predictably be swept up in its application,” said Dan Pochoda, Legal Director of the ACLU of Arizona. “The enforcement provisions rewrite the Constitution by turning the presumption of innocence on its head.  When the community loses trust in law enforcement, we all pay.”

Read the ACLU of Arizona’s updated analysis on the bill that passed the House on 4-13-10.
Read written testimony delivered before a Senate committee on January 20, 2010.
Read written testimony submitted to a House committee on March 31, 2010.

These materials also are available under the “legislature” section of the ACLU of Arizona Web site at: www.acluaz.org



--
Laura Ilardo
No More Deaths-Phoenix
(602)818-5447
www.my.calendars.net/nomoredeaths

Capitol Nine kicks off Mass Resistance to SB 1070

Chained Capitol protestors freed, arrested

Capitol Times
By Josh Coddington


Published: April 20, 2010 at 3:38 pm

Nine Arizona State University students were arrested today as a crowd of about 100 people gathered at the Capitol to protest a polarizing anti-illegal-immigration bill, which is now just Gov. Jan Brewer’s signature away from becoming state law.

The sea of protestors went beyond carrying signs and beating drums to get their message across - some of them chained themselves to the door handles of the old Capitol building, blocking access to the public facility, according to the Capitol Police report.

“We wanted to know what their intentions were when we approached them,” said interim Capitol Police Chief Andrew Staubitz. “We said if this is a photo op and they want to get their photo taken and leave peaceably, we set a time limit of 10 minutes.”

Staubitz, who had all eight of his officers and supervisors on hand, plus 10 officers from the Department of Public Safety said his department balances the rights of protestors to free speech with the need to maintain a safe environment.

“We support everyone having the ability to express their viewpoints, and we also support having a safe Capitol area where everyone can do that,” Staubitz said. “When people create an unsafe situation by blocking doors, then we have to take some action.”

Staubitz said he got the impression the protestors who had chained themselves to the doors wanted to get arrested. “They were told they would be arrested and booked into the county jail,” he said.

“Their decision came very quickly, which was that they would not communicate with us at all.”

After Capitol Police used bolt cutters to free the protestors from the doors, they were arrested without incident.

Attorney Antonio Bustamante, who represents one of those arrested, told the Associated Press the students chose to chain themselves to the Capitol doors to “block the bigotry that was emanating from the Legislature” and send a message to Brewer.

As the arrested protestors were being loaded on a bus to go to jail, a group of people containing protestors and cameramen swarmed the area. “It wasn’t my impression that they were trying to stop the bus,” said Staubitz. “I think there were several people trying to get photographs of the people being loaded on to the bus.”

It is a truly rare event for the Capitol Police force to arrest protestors, said Staubitz. He can’t even recall a time in the previous 10 years that an organized group was arrested at the Capitol.

“We really don’t make a whole lot of arrests with protestors,” he said. “I can’t think of a time that we have arrested a group. With people chaining themselves to doors, it’s a fire hazard, and it is illegal to block entry to a public building. It’s a safety issue.”

Today is the second day in a row of demonstrations on the Capitol grounds regarding S1070, which passed the Senate yesterday along a nearly party-line vote. Sen. Carolyn Allen was the only Republican to vote against the measure.

The bill, if signed by the governor, would require local law enforcement officers to verify the legal status of anyone they suspect might be in the country illegally, and it would allow trespassing charges to be brought against all illegal immigrants.

The bill also would provide grounds for anyone to file a lawsuit against a local government that is not enforcing laws to prevent illegal immigration.

AZ Capitol Nine call for MASS Civil Disobedience.

This is more like it...

I echo their call. We can't let this legislation settle in and kill our people without a fight.

-------------------

Activists Chain Themselves to Arizona Capitol to Protest Russell Pearce's SB 1070

By Stephen Lemons, Tuesday, Apr. 20 2010 @ 1:11PM

Nine activists protesting state Senator Russell Pearce's anti-immigrant bill SB 1070 chained and locked themselves to the doors of the Arizona Capitol today, forcing the Capitol Police to use bolt cutters to unchain the nine and arrest them for disorderly conduct.

As a demonstration of hundreds denouncing SB 1070 raged nearby on the state House lawn, the nine twenty somethings sat silent and stone-faced, waiting to be taken away. Some moved their lips in prayer, as reporters and activists crowded around them.

One activist separate from the group handed out a statement from the nine, calling for "massive and ongoing civil disobedience to be organized all over Arizona and the rest of the nation."

The press release further read, "A people can only remain oppressed for so long before they rise from the shadows, from the margins, from oblivion...We chain ourselves to the Arizona State Capitol because nothing else has worked."

Capitol Police Commander Andrew Staubitz told reporters that the nine would be transported to Maricopa County's Fourth Avenue Jail to be booked.

Asked why he didn't cite and release the nine, Staubitz said that they were told they would be arrested if they did not unchain themselves. When they did not comply, they were taken into custody.

The nine protesters were later marched out of the old Capitol building in handcuffs, singing "We Shall Overcome," and chanting, "Veto 1070," a reference to the anti-immigrant legislation now on Governor Jan Brewer's desk that would make it illegal to be in the state of Arizona without proof of citizenship or legal residency.

They were then loaded onto a black sheriff's department bus. Demonstrators met them outside, cheering them like heroes.

This list of their names was acquired from one of the lawyer's representing them, Antonio Bustamante: Faviola Augustin, Leilani Clark, Daisy Cruz, Gregorio Montes de Oca, Justine Garcia, Ernesto Lopez, Rubin Lucio Palomares, Jr., David Anthony Portugal, Jr., and Armando Rios.

Present for the rally outside was organizer/activist Alejandro Chavez, grandson of civil rights leader Cesar Chavez, who said the protest was very much in the spirit of his late grandfather. I asked him if he thought we would see more civil disobedience if Governor Brewer signs the bill or lets it become law without her signature.

"I do," he said. "The important thing is that we do it in a peaceful, nonviolent manner. It's important for people to listen. If there's violence, people shut off their ears. My grandfather said that nonviolence is our greatest strength. That's more important now than it's ever been before."

AZ Most Racist, Fascist in Nation?

One of several postcards that went out to the Governor today - I know it won't change her mind, but I thought she should know how we felt, anyway. I asked her to save us from the fascists taking over the Republican party. She may be our only hope.


Did everyone hear that Russ Pearce would like to be Sheriff if Arpaio steps down?

Thank god for the young people of this state. Sooner or later they're going to get those kinds of people out of power and set things here straight.

FASCIST SB 1070: Russ Pearce's Laments.

"Illegal Employers": That's a new phrase to me. Wonder if the SBA has heard it and how they like it. 

Anyway, not to worry any more about this horrible legislation, folks – Pearce is already on top of our concerns – we just need to trust him to be acting in “our” “best interests” since he’s clearly a proven American patriot. After all, look at all his years of public service and the legislation he’s already passed. He makes such a good argument that he should be more respected, that I bolded it in red letters below for you.

It will take us at least a generation to undo the damage that his good work has done to Arizona families and communities…and some can never be healed.


Please tell your legislators to shoot this bill down.

---------------- From: russellpearce.com  (April 10, 2010 7:47pm) ----------------------------

Friends, 

Some concerns have been raised with portions of the legislation I have introduced, SB 1070 safe neighborhoods; immigration; law enforcement (that will known as:  Support Our Law Enforcement and Safe Neighborhood Act).  

I would like you all to know that I have made a good faith attempt to address any legitimate issues in a manner that I feel will not weaken the legislation while hopefully still addressing  your concerns. 

As you know we have to examine each issue as it relates to real world implications and from a perspective that will provide judicial clarification if any challenges are brought against this legislation. 

I would like to take this opportunity to clarify exactly what issues have been raised and how they will be addressed in the Floor Amendment sponsored by Representative Biggs on behalf of myself.  

Provisions of the Biggs Floor amendment:

What about states that issue licenses without confirming legal presence?

v     The Biggs amendment clarifies that federal, state or local government-issued ID only provides a presumption of innocence if the entity requires proof of legal presence.

Does local law enforcement have jurisdiction to transport an illegal alien across state lines?

v     The amendment requiring judicial authorization before transporting an illegal alien out of the state, to ensure that law enforcement is complying with federal requirements.  

Are there any provisions that may “open the door” for implementation of REAL ID?

v     The amendment statutorily prohibits the implementation, authorization, or establishment of REAL ID alleviating any concerns raised by the language.

Will this law create a scenario where cities and counties are continuously battling frivolous lawsuits, including lawsuits from people all across the country?

v     The Biggs amendment stipulates that only legal Arizona residents may brings actions against sanctuary cities and requires and loser pays all reasonable cost and attorney fees. 

NO ONE fights any harder for freedom, limited government and public safety than I do.  Our laws must be enforced, our borders must be secured and citizens have a Constitutional right to this protection under our laws and our Constitution.  I will continue to defend States Rights and our Constitutional liberties.  We must support our law enforcement officers in the protection of Life, Liberty and Property, that includes the rule of law.  

I have two legal opinions which are attached.  However, in spite of this, some folks continue to promote concerns that are not in the bill and are already prohibited by law and the Biggs amendment will even make clear and prohibit Arizona from participating in any form of national ID. 

I have spent several hours working with Governor's Office, F.A.I.R. to address these concerns and others.  I have put words in which will be in the amendment Tuesday, April 13th, prohibiting a form of National ID or radio chip of any kind as indicated in the Obama plan for new ID. 

I also will strengthen the civil rights provision that is already in the bill to prohibit any racial profiling.  I have also strengthened other areas of concern.  I also added language to make sure the verification of information is about aliens and the transportation part is for those in furtherance of an alien remaining in the U.S. such as sanctuary movements or smuggling and NOT a little ole lady taking someone to church or a good Samaritan or any emergency medical needs.  In 25 years there has never been a prosecution of anyone for simply taking someone to church, a church outing, boy scout outing, etc.  I am disappointed some continue to ignore the simple and plain language in the bill.  

SB1070 is the most comprehensive enforcement bill in the nation, it will remove all "illegal" sanctuary policies that exist in many of our cities, and it will allow law enforcement to enforce our immigration laws as intended.

I guarantee this will save lives, American jobs, reduce the cost of government, improve neighborhood safety, improve congestion, move toward smaller classrooms, shorter lines in emergency rooms, reduce rapes and molestations and reduce the number of deaths and maimings of our citizens and more.

Please note that Phoenix has had a more than 50% reduction in homicides this year over last year, after we passed employer sanctions and other illegal alien legislation, and our illegal alien population has decreased by twice the national average in the past two years saving lives and hundreds of millions of dollars in services.

SB1070 will add a "trespass" provision to law enforcement giving them the ability to hold an illegal alien under state law if need be or to just a phone call to ICE and turn them over to ICE.  This provision will allow our law enforcement folks to complete investigations on a suspect and not allow them to be deported before the investigation can be completed.  It also goes after illegal employers and illegal aliens soliciting work and provides for law enforcement to more easily enforce public safety issues on busy streets.

AS I have promised: SB1070 will be amend to clarify issues of concern, but will not be weakened so it jeopardizes our ability to enforce our laws appropriately and withstand future court challenges by the normal suspects.  

(The civil rights activists, you mean? - this italicized comment inserted by Peg. Words below are his, though...)

I must admit, I am disappointed in some folks who have expressed unwarranted concerns in my opinion.  I have worked for over 30 years to protect states sovereignty and in defense of our Republic as intended by our Founding Fathers.  You would think after years and years of caring the torch of freedom, states rights, limited government, in defense of Constitutional government in defense of Life, Liberty and Property some would have a little more trust. 

To be sure, I have asked for additional legal opinions and have been assured by several competent independent Constitutional attorneys, legislative council attorneys and the Maricopa County Attorney's Office that my interpretation is correct.  However, I want to be very clear and will add language to eliminate those concerns as best as I can.

We have already passed legislation to prohibit the State of Arizona from participation in any kind of National ID or Real ID Act and it is current law.  This bill did not and does not change that.  Having said that, I will put language in the bill that enhances the clarity on these issues of concern and make it very clear that nothing in this bill will allow Arizona to be a part of any national ID program. 

There will be similar language to deal with concerns over improper or prolonged detention.  I have had Legislative Council and the Maricopa County Attorney's Office examine this legislation and both have assured me it does allow for any kind of National ID or expand ID requirements in any way.  I have also attached the letter from the MCAO that answered my questions.  I am also pasting the legal opinion from the Arizona Legislative Council at the bottom of this email.

I will make some changes (in the Biggs amendment) to protect the first responders and those good Samaritans transporting illegal aliens (little old ladies taking someone to church) are not in jeopardy in any way.  They are not now under this bill, because they must be committing an additional criminal offense to the state law to be so charged, but I will make it even clearer in the new language.

We should be able to have this bill heard the first of next week on the House floor for COW and 3rd Read.

I will keep you appraised on our progress.

For Liberty,

Russell

Racist, Fascist SB 1070 "Illegal is not a race..."

If that's true, I must be lost. I thought this was Arizona.

Here's the latest Pearce Alert on his racist, fascist legislation, SB 1070...Be there or otherwise lift your voice by Tuesday, April 13 to register your resistance to this repulsive effort to trump local sovereignty and communities trying to prioritize their law enforcement resources without Pearce's interference...this thing has implications for all of us - citizens, too.

Pearce et al are not representing a LOT of us in Arizona these days...we are not all fascists and racists.

-------------------------------------from www.russellpearce.com -----------------------
.

Hello ,

SB1070 Will be heard in the Arizona House of Representatives Tuesday afternoon, April 13th.

This is the best and most comprehensive immigration enforcement bill in the nation.  I would appreciate it if you would send this to your list. This is an important bill. I need calls and e-mails. I have a firm commitment from the Speaker to have the bill 3rd read next Tuesday.  I need to make sure our Republicans stay firm for the rule of law.    Illegal is not a race, it is a crime.   Next Tuesday, I also will be holding a Press Conference at noon and an all afternoon hearing on border violence along with Ranchers and Farmers from the border and the cost of our open border to citizens. 

 

Please email support to the House of Representative for SB 1070; it should be up for 3^rd and final reading next Tuesday.

http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1070

SB 1070       immigration; law enforcement; safe neighborhoods

 Sponsors 

**PEARCE R	P	GRAY C	P	GRAY L	P	ANTENORI	P	BARNES	P
GOWAN	P	HENDRIX	P	KAVANAGH	P	SEEL	P	ALLEN S	C
BURNS	C	GORMAN	C	HARPER	C	HUPPENTHAL	C	LEFF	C
MELVIN	C	NELSON	C	PIERCE S	C	TIBSHRAENY	C	VERSCHOOR	C
WARING	C	ASH	C	BIGGS	C	BURGES	C	COURT	C
CRUMP	C	LESKO	C	MASON	C	MCLAIN	C	MONTENEGRO	C
MURPHY	C	NICHOLS	C	REAGAN	C	STEVENS	C	WEIERS J	C
WEIERS JP	C	YARBROUGH	C

Purpose: Requires officials and agencies of the state and political subdivisions to fully comply with and assist in the enforcement of federal immigration laws.  Establishes crimes involving trespassing by illegal aliens, stopping to hire or soliciting work under specified circumstances, and transporting, harboring or concealing unlawful aliens, and their respective penalties.

Enforcement of Immigration Law

·          Prohibits officials and agencies of this state or counties, municipalities and political subdivisions from restricting or limiting the enforcement of the federal immigration laws to less than the full extent permitted by federal law.

·          Requires officials and agencies to reasonably attempt to determine the immigration status of a person involved in a legitimate contact where reasonable suspicion exists regarding the immigration status of the person.

·          Stipulates that if the person is arrested, the person’s immigration status must be determined before the person is released and must be verified with the federal government.

·          Stipulates that a law enforcement official or agency cannot solely consider race, color or national origin when implementing these provisions, except as permitted by the U.S. or Arizona Constitution.

·          Specifies that a person is presumed to be lawfully present if the person provides any of the following:

Ø        A valid Arizona driver license.

Ø        A valid Arizona non-operating identification license.

Ø        A tribal enrollment card or other form of tribal identification.

Ø        A valid federal, state or local government issued identification.

·          Requires that if a person is convicted of any state or local law, on discharge from imprisonment or any fine imposed, the person must be transferred to ICE or U.S. Customs and Border Protection (CBP). 

·          Authorizes a law enforcement agency to securely transport an unlawfully present alien to a federal facility.

·          Prohibits, except as provided in federal law, officials and agencies of counties, cities, towns or other political subdivisions from being prevented or restricted from sending, receiving or maintaining information relating to the immigration status, of any individual or exchanging that information with another governmental entity for the following official purposes:

Ø        Determination of eligibility for any public benefit, service or license. 

Ø        Verification of any claim of legal domicile if legal domicile is required by law or judicial order.

Ø        If the person is an alien, determination of the person’s compliance with federal registration laws.

Ø        Pursuant to federal laws regarding communication between government agencies and federal immigration agencies.

·          Allows a person to bring an action in superior court to challenge officials and agencies of the state, counties, cities, towns or other political subdivisions that adopt or implement a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law.

·          Allows the court to order any of the following, if there is a judicial finding of a violation:

Ø        That the person who brought the action recover court costs and attorney fees.

Ø        That the entity pays a civil penalty of at least $1,000 and not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions. 

·          States that the court will collect the penalty and transmit the collected monies to the Department of Public Safety for deposit in the Gang and Immigration Intelligence Team Enforcement Mission (GIITEM) Fund.

·          Indemnifies officers against actions brought under these provisions, except if the officer has been adjudged to have acted in bad faith.

·          Stipulates that these provisions are to be implemented consistent with federal immigration law protecting the civil right of all persons and respecting the privileges and immunities of US citizens.