Immigration enforcement may toughen in Arizona
Written by Janet
Arizona is known as America’s biggest gathering site for illegal immigrants to cross over into the U.S. Arizona is known to be tough on those who come illegally, but that reputation could harden if the Legislature and governor approve a proposal that would draw local authorities deeper into immigration enforcement and further reject the notion that immigration is the sole responsibility of the federal government.
This proposal has already cleared the state Senate, and is being considered by the House, would require police to try to determine people’s immigration status when they have reasonable suspicions that a person doesn’t have legal status. If they approve it, Arizona would become the only state to criminalize the presence of illegal immigrants through an expansion of its trespassing law.
Immigrant rights advocates predict it would lead to racial profiling that would target thousands of Latinos who are U.S. citizens. And the proposal’s constitutionality is also a source of contention. A few years back, police chiefs in two communities in New Hampshire charged illegal immigrants with trespassing for being in the state. A local judge in 2005 dismissed the charges as an unconstitutional attempt to apply state laws to a federal issue.
Supporters of the proposal say that on top of inadequate federal border efforts, many local police departments have turned a blind eye to illegal immigrants.
The measure cleared the Senate on a 16-12 vote on June 15 and is being considered by the House. The proposed trespassing provision is similar to proposals vetoed in 2006 by then-Gov. Janet Napolitano, who said she opposed turning all immigrants who sneaked into the state into criminals.
Under this year’s proposed trespassing provision, a first offense would be a top-tier misdemeanor punishable by up to six months in jail. Subsequent violations would be a felony that could carry a penalty of up to 2 1/2 years in prison. Agencies involved with arresting first-time offenders would have the option of prosecuting them or turning them over to federal authorities.
Supporters say the measure wouldn’t encourage racial profiling, because officers would still need probable cause to believe that people violated the law before they could arrest them. But opponents say such a law would detract from officers’ traditional roles in combating crimes in their communities. They say officers who aren’t schooled in the complexities of immigration law would likely approach people based solely on their appearance.
Communities though, could be stuck with the legal bills, from any mistakes made by officers who aren’t trained in immigration law. As for the constitutionality of the proposal, interpretations are mixed. Linton Joaquin, general counsel for the National Immigration Law Center, an advocacy group for low-income immigrants, said a state can play a part in immigration enforcement – such as calling federal authorities when arresting an illegal immigrant on a state criminal violation – but a state can’t have statutes that are, in effect, immigration laws.
But Maricopa County Attorney Andrew Thomas, whose office helped draft the bill, said even though the federal government has authority to regulate immigration, states have broad police powers that allow them to contribute to the fight against illegal immigration.
- Posted in: Immigration
- Tagged: Arizona to toughen laws, Immigration, Immigration enforcement, Maricopa county helps write law
Newsdesk International 
Immigration: Backlog nearly gone
The FBI is nearly done in clearing up the backlog stretching a year or more for identity checks on people seeking to work and live in the U.S., or become citizens.
One a request is submitted, it is now done within 30 days. The reamining 2% within 90 days. Petitions that require more evaluation or interaction with other agencies don’t fall under the backlog count. About 6,000 cases are pending with Citizenship and Immigration Services, including some in which the application was filed several years ago.
The volume of pending FBI name checks for criminal backgrounds and possible security issues hit its peak in November 2007, with about 350,000 pending cases. At the time, more than half had been waiting for more than three months and a large number had been pending for more than a year.
Arizona House rejects immigration enforcement bill
The Arizona House has defeated a bill that would have made it the only state in the nation to criminalize the presence of illegal immigrants by expanding its trespassing law.
The House voted 26-15 for the bill to expand Arizona’s trespassing law Wednesday morning, but that was five votes short of the 31 needed for passage. The Senate approved the bill 16-11 earlier Wednesday.
Supporters say an expanded trespassing law would provide a second layer of enforcement to help local police catch immigrants who slip past federal agents. Opponents predicted it would lead to racial profiling for thousands of Latinos who are U.S. citizens. Illegal immigrants account for an estimated 500,000 people in Arizona’s 6.5 million population.
50 illegal immigrants, 10 smugglers arrested in AZ
Arizona authorities say they arrested 10 human smugglers and rescued 50 illegal immigrants held in drop houses in Phoenix in two separate incidents this week.
Detectives from the Illegal Immigration Prevention and Apprehension Co-op Team made the first arrests Tuesday after a three-month investigation into a human smuggling organization by the Arizona Department of Public Safety.
Authorities say three suspected coyotes were taken into custody from a drop house, and 12 Mexican immigrants being held against their will were rescued.
On Wednesday, 45 people were found in a Phoenix home. The Department of Public Safety says seven were identified as suspected human smugglers and the remaining 38 were illegal immigrants from Mexico.
All 50 suspected illegal immigrants were turned over to Immigration and Customs Enforcement officials.
Arizona Legislature sends immigration bill to gov
Lawmakers approved the bill today, and it’s now on it’s way to the Governor’s desk for his signature. The vote was 17-11, nearly along party lines to send the bill to Gov. Jan Brewer, who has not taken a position on the measure championed by fellow Republicans. The House approved the bill April 13.
Arizona enacted a law in 2005 making human smuggling a state crime and prohibited employers from knowingly hiring illegal immigrants with a law in 2007.
The latest bill would make it a state crime for illegal immigrants to not have an alien registration document. It also would require police to question people about their immigration status if there’s reason to suspect they’re in the country illegally.
Other provisions allow citizen lawsuits against government agencies that hinder enforcement of immigration laws, and make it illegal for people to hire illegal immigrants for day labor or knowingly transport them.
Republican Sen. Russell Pearce of Mesa, who sponsored the bill, said it will take handcuffs off police and put them on violent criminals. “Enough is enough,” Pearce said.
U.S. Sen. John McCain on Monday called the bill a “tool that I think needs to be used.” His office later said that wasn’t an endorsement.
Mexico’s embassy also has voiced concerns about racial profiling.
Arizona law enforcement groups are split on the bill, with a union for Phoenix Police Department officers supporting it and a statewide association of police chiefs opposed.
Calls, e-mails and letters on the bill were running 3-1 in favor, Brewer spokesman Paul Senseman said.
Brewer’s predecessor, Janet Napolitano, a Democrat who is now President Barack Obama’s Homeland Security secretary, vetoed similar proposals.
Current law in Arizona and most states doesn’t require police to ask about the immigration status of those they encounter, and some police officials say allowing such questions would deter immigrants from cooperating in other investigations.
The bill is regarded as carrying political high stakes for Brewer, who faces challenges from fellow conservatives in the Aug. 24 Republican primary.
If she vetoes it, “she would be crushed in the primary,” said Mike Gardner, a business lobbyist and former legislator.
Vincent Picard, a federal Immigration and Customs enforcement spokesman in Phoenix, declined comment on the Arizona legislation and referred a reporter to the U.S. Department of Homeland Security’s Washington headquarters.
Agency officials gave only a written statement about Homeland Security immigration policy and refused to speak on the record about the Arizona legislation.
Arizona police use the human smuggling law from time to time to charge suspects.
In Maricopa County, however, more than 1,500 people were convicted under that law, with 85 percent immigrants, not smugglers.
To reduce the economic incentive for immigrants to sneak into the country, Arizona lawmakers also approved a civil law in 2007 that prohibits employers from knowingly hiring illegal immigrants.
Authorities across Arizona have examined several dozen complaints of employer sanction violations. But in the more than two years since that law took effect, only two cases have been settled with employers admitting to violating the law.