Civil Liberties

This morning, the Supreme Court heard the oral arguments of Arizona v. United States, a case that will examine key provisions of Arizona’s infamous and draconian immigration law, SB 1070. If implemented, the law, colloquially known as the ‘show me your papers bill,’ would lead to the unjust targeting of Arizonans through racial profiling and increased jail sentencing.

Because of SB 1070’s blatant assault on civil liberties, much of the nation was shocked by its passage. The United States challenged it in court, arguing that the state was unconstitutionally encroaching on the federal government’s responsibility for immigration law. Four sections of the bill were blocked by U.S. District Judge Susan Bolton of Phoenix on July 28, 2010. The 9th Circuit Court of Appeals in San Francisco upheld Bolton’s ruling, and after Arizona appealed that decision, the case arrived at the Supreme Court, which has chosen to address yet another politically polarizing issue in this critical election year. Although the threat to the basic rights of people – both citizens and immigrants – is the subject of significant concern, the legal issue before the Supreme Court today addresses whether Arizona’s effort to make life so miserable for immigrants that they leave the state is preempted by federal law.

Below is an analysis of the legislation that People For the American Way published when participating in a statewide boycott of Arizona following the passage of the legislation nearly two years ago.

Question: How does the Arizona law, S.B. 1070, expand racial profiling? Isn't it focused only on migrant workers?

Answer: Under current law, state-local police are authorized to enforce federal immigration laws only in limited circumstances. Even so, law enforcement in Arizona and across the country already is challenged by substantial evidence of wrongful arrests, racial profiling, and discrimination. The new law would dramatically expand the problem. Specifically, the new law:

• Increases the scope of those enforcing immigration laws from a few police departments, or units within departments, to every single law enforcement officer in the entire state.

• Expands the population at risk of being stopped, arrested, and detained from a limited number – those targeted by bona fide immigration enforcement operations, or those already in police custody – to everyone who comes into contact with a law enforcement officer who has a "reasonable suspicion" someone may be undocumented.

• Virtually guarantees that Latinos and other minorities will be asked to provide proof of legal residency, and be subject to arrest and detention if they cannot do so, at far higher rates than non-minorities. Research on racial profiling shows that, not only do minority drivers experience more traffic stops than non-minority drivers, once stopped, minorities are subject to higher rates of searches, arrests, and formal charges than similarly-situated non-minority drivers.

• Provides powerful incentives for wrongful arrests, racial profiling, and other abuse by creating a private right of action against any agency that fails to uphold the new law's provisions, while at the same time indemnifying police officers from litigation brought by those who are wrongfully detained or racially profiled.

Demonstrations in support of the U.S. Justice Department took place this morning, and PFAW staff were able to attend in solidarity.

End Note: Another controversial aspect of SB 1070 is the role that ALEC, the American Legislative Exchange Council, played in adopting the bill as model legislation and pushing it in states across the country. For an analysis of the ALEC connection and SB 1070, please read our report on ALEC in Arizona released in November 2011, “ALEC IN ARIZONA: The Voice of Corporate Special Interests in the Halls of Arizona's Legislature” and the Center for Media and Democracy’s blog post on the issue.