hrcmc arizona immigration law presentation

8/9/2019 HRCMC Arizona Immigration Law Presentation

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Hispanic Republican Club of

McLennan County

The facts aboutThe facts about

Arizona Immigration Law SB 1070Arizona Immigration Law SB 1070


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The Center for Immigration Studies is anThe Center for Immigration Studies is an

independent nonindependent non--partisan research institutionpartisan research institutionthat examines the impact of immigration on thethat examines the impact of immigration on the

United States. It is not involved in draftingUnited States. It is not involved in drafting

legislation and has not formally endorsed orlegislation and has not formally endorsed or

opposed SB 1070.opposed SB 1070.


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Overview of SituationOverview of Situation

TheThe newnew lawlaw recentlyrecently signedsigned byby thethe governorgovernor ofofArizona,Arizona, SBSB 10701070,, makesmakes itit aa statestate crimecrime totoviolateviolate somesome federalfederal immigrationimmigration statutesstatutes.. WhileWhile

thethe lawlaw isis extremelyextremely popularpopular inin thethe state,state, withwith7070 percentpercent ofof ArizonaArizona votersvoters approvingapproving ofof itit andandjustjust 2323 percentpercent opposed,opposed, itit hashas raisedraisedcontroversycontroversy.. BelowBelow isis aa brief brief summarysummary ofof thethe

relevantrelevant informationinformation onon illegalillegal immigrationimmigration ininArizona,Arizona, followedfollowed byby aa shortshort analysisanalysis ofof SBSB10701070's's majormajor provisionsprovisions


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Illegal immigration in Arizona:Illegal immigration in Arizona:

The federal government estimated that Arizona had one of the fastestThe federal government estimated that Arizona had one of the fastestgrowing illegal immigrant populations in the country, increasing fromgrowing illegal immigrant populations in the country, increasing from330,000 in 2000 to 560,000 by 2008.330,000 in 2000 to 560,000 by 2008.

Arizona has adopted other laws to deter the settlement of illegalArizona has adopted other laws to deter the settlement of illegalimmigrants in the state in recent years. The federal government estimatesimmigrants in the state in recent years. The federal government estimates

that the illegal immigrant population dropped by 18 percent in the statethat the illegal immigrant population dropped by 18 percent in the statefrom 2008 to 2009, compared to a 7 percent drop for the nation as afrom 2008 to 2009, compared to a 7 percent drop for the nation as awhole. This may be evidence that the state enforcement efforts are havingwhole. This may be evidence that the state enforcement efforts are havingan impact.an impact.

The Maricopa County Attorney's Office has found that 22 percent ofThe Maricopa County Attorney's Office has found that 22 percent offelonies in the county are committed by illegal immigrants. Illegalfelonies in the county are committed by illegal immigrants. Illegalimmigrants are estimated to be 10 percent of the county's adultimmigrants are estimated to be 10 percent of the county's adult

population.population. Analysis of data from the State Criminal Alien Assistance Program showedAnalysis of data from the State Criminal Alien Assistance Program showed

that illegal immigrants were 11 percent of the state's prison population.that illegal immigrants were 11 percent of the state's prison population.Illegal immigrants were estimated to be 8 percent of state's adultIllegal immigrants were estimated to be 8 percent of state's adultpopulation at the time of the analysis.population at the time of the analysis.


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Illegal immigration in Arizona (Cont.)Illegal immigration in Arizona (Cont.)

Approximately 17 percent of those arrested by the Border Patrol inApproximately 17 percent of those arrested by the Border Patrol inits Tucson Sector have criminal records in the United States.its Tucson Sector have criminal records in the United States.

The issue of illegal immigration and crime is very difficult toThe issue of illegal immigration and crime is very difficult tomeasure, and while in Arizona there is evidence that illegalmeasure, and while in Arizona there is evidence that illegalimmigrants are committing a disproportionate share of crime, it isimmigrants are committing a disproportionate share of crime, it isnot clear this is the case nationally.not clear this is the case nationally.

In 2007, the Center for Immigration Studies estimated that 12In 2007, the Center for Immigration Studies estimated that 12percent of workers in Arizona are illegal immigrants.percent of workers in Arizona are illegal immigrants.

In 2007, the Center estimated that illegal immigrants and their U.S.In 2007, the Center estimated that illegal immigrants and their U.S.--born children (under 18) comprise oneborn children (under 18) comprise one--fifth of those in the statefifth of those in the state

liv

ing in pov

erty, oneliv

ing in pov

erty, one--third of those without health insurance, andthird of those without health insurance, andone out of six students in the state's schools.one out of six students in the state's schools.


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Illegal immigration in Arizona (Cont.)Illegal immigration in Arizona (Cont.)

In 2007, the Center estimated that oneIn 2007, the Center estimated that one--third ofthird ofhouseholds headed by illegal immigrants inhouseholds headed by illegal immigrants inArizona used at least one major welfare program,Arizona used at least one major welfare program,

primarily foodprimarily food--assistance programs or Medicaid.assistance programs or Medicaid.Benefits were typically received on behalf of U.S.Benefits were typically received on behalf of U.S.--born children.born children.

The new law (SB 1070) is extremely popularThe new law (SB 1070) is extremely popular

among Arizona voters. A Rasmussen poll foundamong Arizona voters. A Rasmussen poll foundthat 70 percent ofvoters approve of the new bill,that 70 percent ofvoters approve of the new bill,and just 23 percent oppose it.and just 23 percent oppose it.


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Among the new law's provisions:Among the new law's provisions:

The new Arizona law mirrors federal law, which already requires aliensThe new Arizona law mirrors federal law, which already requires aliens(non(non--citizens) to register and carry their documents with them (8 USCcitizens) to register and carry their documents with them (8 USC1304(e) and 8 USC 1306(a)). The new Arizona law simply states that1304(e) and 8 USC 1306(a)). The new Arizona law simply states thatviolating federal immigration law is now a state crime as well. Becauseviolating federal immigration law is now a state crime as well. Becauseillegal immigrants are by definition in violation of federal immigrationillegal immigrants are by definition in violation of federal immigrationlaws, they can now be arrested by local law enforcement in Arizona.laws, they can now be arrested by local law enforcement in Arizona.

The law is designed to avoid the legal pitfall of "preThe law is designed to avoid the legal pitfall of "pre--emption," whichemption," whichmeans a state can't adopt laws that conflict with federal laws. By makingmeans a state can't adopt laws that conflict with federal laws. By makingwhat is a federal violation also a state violation, the Arizona law avoids thiswhat is a federal violation also a state violation, the Arizona law avoids thisproblem.problem.

The law only allows police to ask about immigration status in the normalThe law only allows police to ask about immigration status in the normalcourse of "lawful contact" with a person, such as a traffic stop or if theycourse of "lawful contact" with a person, such as a traffic stop or if they

have committed a crime.have committed a crime. Estimates from the federal government indicate that more than 80Estimates from the federal government indicate that more than 80

percent of illegal immigrants come from Latin America. Thus, there ispercent of illegal immigrants come from Latin America. Thus, there isconcern that police may target only Hispanics for enforcement.concern that police may target only Hispanics for enforcement.


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Among the new law's provisions (Cont.)Among the new law's provisions (Cont.)

Before asking a person about immigration status, law enforcementBefore asking a person about immigration status, law enforcementofficials are required by the law to have "reasonable suspicion" that aofficials are required by the law to have "reasonable suspicion" that aperson is an illegal immigrant. The concept of "reasonable suspicion"person is an illegal immigrant. The concept of "reasonable suspicion"is well established by court rulings. Since Arizona does not issueis well established by court rulings. Since Arizona does not issuedriver's licenses to illegal immigrants, having a valid license creates adriver's licenses to illegal immigrants, having a valid license creates apresumption of legal status. Examples of reasonable suspicion include:presumption of legal status. Examples of reasonable suspicion include:

A driver stopped for a traffic violation has no license, or record of aA driver stopped for a traffic violation has no license, or record of adriver's license or other form of federal or state identification.driver's license or other form of federal or state identification.

A police officer observes someone buying fraudulent identity documentsA police officer observes someone buying fraudulent identity documentsor crossing the border illegally.or crossing the border illegally.

A police officer recognizes a gang member back on the street who heA police officer recognizes a gang member back on the street who heknows has been previously deported by the federal government.knows has been previously deported by the federal government.

The law specifically states that police, "may not solely consider race,The law specifically states that police, "may not solely consider race,color or national origin" when implementing SB 1070.color or national origin" when implementing SB 1070.

When Arizona's governor signed the new law, she also issued anWhen Arizona's governor signed the new law, she also issued anexecutive order requiring the Arizona Peace Officer Standards andexecutive order requiring the Arizona Peace Officer Standards andTraining Board to provide local police with additional training on whatTraining Board to provide local police with additional training on what

does and what does not constitute "reasonable suspicion."does and what does not constitute "reasonable suspicion."


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hrcmc arizona immigration law presentation

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