The original version of the law authorizes local law enforcement officers to determine the immigration status of persons when they come into lawful contact with them and where reasonable suspicion exists regarding the immigration status of the person. The law also punishes the willful failure of an immigrant to complete or carry an alien registration document. The law classifies a first offense as a class 1 misdemeanor; and a second or subsequent violation of the law as a class 4 felony.
Drawing national criticism that the law will lead to racial profiling, the law has been amended to allow law enforcement officers to check on the immigration status of an individual only after a lawful stop, detention or arrest by the law enforcement officer. The amendment also prevents law enforcement officers from using race as grounds for suspecting someone is in the country illegally.
Despite the new changes in the law, critics of the law are not convinced that these changes will not lead to racial profiling. The law which is set to take effect on the summertime is now facing legal challenges before the Courts and various civil liberties groups have vowed to fight the enforcement of the new law.
Although the Arizona law will only be enforced within the State of Arizona, its passage has far reaching consequences nationally. It has put immigration reform back in the national spotlight. A group of conservative lawmakers in Oklahoma and Texas are considering pushing a bill similar to Arizona. Republicans running for office in Colorado and Minnesota have expressed support of the Arizona law and have vowed to pass similar legislation once elected.
On the other hand, the Democrats are spearheading a plan to enact this year a comprehensive immigration reform law to counter the newly passed Arizona law. Political pundits however, predict that the passage of such a law will not happen soon.
The Arizona law was principally enacted to curb illegal immigration and criminal activities perpetrated by drug and gun smugglers in the US-Mexican border. However, the law is unjust as it criminalizes non criminal aliens such as people who enter the United States just to earn a living and to escape poverty in their home country. The Arizona law does not affect only Mexican immigrants but every ethnic group in the country whose skin color will be subject to a reasonable suspicion that he or she is not in the country illegally. The solution to illegal immigration is not to pass a law which criminalizes people who are out of status in the country. Instead, a comprehensive immigration reform law which addresses border security and enforcement and the legalization of people who are out of status and are currently here should be passed by Congress.
In order to help fight the enforcement of the Arizona law and the passage of similar restrictive measures, contact your congressman and senator and let them know that now is the time to pass a just and humane comprehensive immigration reform law.
***
Atty. Dennis E. Chua is a partner in The Law Firm of Chua Tinsay and Vega (CTV), a full service law firm with offices in San Francisco, San Diego and Manila. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (415) 495-8088; (619) 955-6277; This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The CTV Attorneys will be at Max’s Restaurant in Vallejo on October 19, 2009 from 5pm to 7pm to hold a FREE legal clinic. (Advertising Supplement)
( Published May 7, 2010 in Asian Journal Northern California p. B5 )
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